A protective order is an order entered by the juvenile and domestic relations court that provides protection for people who allege they have been the victims of recent family abuse. There are three different types of protective orders: Emergency Protective Orders, Temporary Protective Orders, and Permanent Protective Orders.
An Emergency Protective Order, or EPO, is issued by a magistrate at the request of the abused party, or by a police officer, that arrives at the scene of an alleged domestic violence incident. Generally, an EPO lasts for a span of 72 hours, after which point the alleged victim can seek an extension of that EPO for a period of 15 days. The initial hearing for a protective order is held “Ex Parte,” which means the Judge will hear evidence without the presence of the individual the order was filed against. Once a protective order is extended to Temporary status, a final hearing will be set. The individual facing the protective order will be notified of the hearing, in which the court has the ability to issue a Permanent Protective Order, which lasts up to two years and may be extended after that period.
A protective order can seriously affect multiple aspects of your life. For instance, if you are in the military or have a position which requires any type of security clearance, chances are you will lose your job. Your right to possess or purchase firearms will also be limited. If you are going through a divorce and a protective order is issued against you, chances are you will not be able to have any direct or third-party contact with your children. For these reasons, it is critical that you secure an attorney as soon as possible if you have been the subject of a protective order. With the right attorney by your side, you will be able to secure written statements from witnesses and collect messages from social media and text conversations, as well as other documentary evidence. Contact our Virginia Beach defense lawyers at The Law Offices of Daniel J. Miller, and begin fighting your protective order today.
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