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Protective Order & Violations

Protective Orders and Violations in Virginia

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Other Family Law matters:

- - Adoption
  - Business and Asset Valuation
  - Child Custody
  - Child Support
  - Complex Equitable Distribution of Marital Assets
  - Divorce
  - High Asset Divorces
  - Premarital Agreements
  - Relocation Custody Cases
  - Spousal Support

Protective Orders:

Whether you are seeking a protective order (petitioner) or someone is trying to or has obtained a protective order against you (respondent), it is important to have an attorney on your side in court. An experienced attorney at Critzer Cardani PC can guide you through the process and help you present your best case in court.
There are three different types of protective orders in Virginia.
Emergency Protective Orders: these are granted by a judge or magistrate and last for 72 hours or until the next court session. These can be obtained either by the petitioner or a law enforcement officer.

Preliminary Protective Orders: these are granted by a judge and last for 15 days or until a full hearing can take place. A preliminary protective order is issued by only the sworn statement of the petitioner.

Permanent Protective Orders: these are granted by a judge after a full hearing with the petitioner and the respondent. Even though they are called “permanent,” they last 2 years.

During a protective order hearing, having an attorney is important because the hearing is your opportunity to present evidence, question witnesses, and argue your side, before the judge makes a decision whether or not to issue the protective order. Both the petitioner (person seeking the protective order) and the respondent (person whom the protective order will be against) have the opportunity to testify, call witnesses, cross-examine witnesses, and present evidence.

During the protective order hearing, the judge will require the rules of evidence and procedure to be followed. Walking into court without an attorney puts you at a disadvantage. An attorney will know the procedures and rules of evidence, and know how to effectively cross-examine witnesses. The attorneys at Critzer Cardani PC are skilled with representing clients during protective order hearings. Protective orders can have a big impact on your life (no matter if you are the petitioner or the respondent) and it’s important to be prepared with an attorney for your hearing.

Violating a Protective Order:

Violating a protective order is a serious charge in Virginia. There are different criminal charges for whether the protective order originated in Juvenile and Domestic Relations Court or General District Court.

Protective order violations start as Class 1 Misdemeanors, punishable by up to 12 months in jail and up to $2,500.00 in fines. Even the most basic protective order violation requires mandatory jail time and a new protective order to be issued.

However, some protective order violations are felonies, such as when there is a firearm involved, or an assault and battery on the protected party, resulting in bodily injury. There is additional mandatory jail time with certain felony charges of violating a protective order.

It is important to have an attorney represent you when facing a charge of a protective order violation. An attorney will know the criminal procedures, be able to effectively cross-examine witnesses, and present your arguments in a compelling way to the court. The attorneys at Critzer Cardani PC are experienced with protective order violation charges and can help put you in your best position for court.

When a legal storm strikes your family, the devastation can be paralyzing; the darkness can seem overwhelming. Critzer Cardani PC strives to preserve your integrity, protect your future and provide peace of mind in the process. We are seasoned family law attorneys with decades of experience who understand that your situation is unique and requires strong advocacy and wisdom. We advocate for you when you face difficult crossroads.

Our legal team is dedicated to tailoring our approach to meet your specific needs. We believe success can only be measured by your ability to navigate this storm successfully. We have the wisdom, skills, and experience necessary to handle the most complex and sensitive cases involving divorce, premarital agreements, complex equitable distribution of marital assets, high asset divorces, business and asset valuation, child custody, relocation custody cases, child support, spousal support, and adoption.

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Call today to schedule a consultation with a seasoned Family Law Attorney.