Kelly Byrnes & Danker, PLLC

What is a Virginia protective order?

Divorces prove extremely difficult for individuals. Yet especially for those suffering from abusive relationships, separation may provide the opportunity to heal and regain confidence after years of trauma. For men and women facing divorce proceedings involving violent spouses, a protective order may need filing by the court for your safety and security during a trial.

 

Protective order definitions and types

According to Virginia law, protective orders consist of legal documentation that give judges the authority to protect the health and safety of a victim of:

  • Any act involving violence force that results in injury, or places that person in fear of death, sexual assault or bodily injury

If you live in fear of injury, the state of Virginia works diligently to provide legal protection for a period of time. Three timeframes exist for legal protective orders.

  • Emergency protective order: These orders expire at the end of the third day following the creation of the order. Emergency protective orders work to swiftly protect an individual during a court trial.
  • Preliminary protective order: Preliminary protective orders require protection that lasts 15 days or until a full hearing. This order aims to protect individuals during the general length of divorce hearings.
  • Protective order: Protective orders may last up to 2 years, and they arise when further protection is needed after a court decision is made during trial.

An experienced attorney may aid you in applying for the protection order that is right for you based on your circumstances and immediate needs. No cost applies to filing an order, and if your spouse does not abide by the order, he or she may face serious charges.

Virginia law protects men and women in fear for their lives and safety. During emotional times like separations, it may prove important for you to receive necessary protection from criminal behavior and injury. Know that the state, judges, the court system and your attorney work vigorously to protect you and provide sanctuary during your divorce proceedings.

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Kelly Byrnes & Danker, PLLC

Kelly Byrnes & Danker, PLLC

3975 Fair Ridge Drive
Suite 275N
Fairfax, VA 22033

Phone: 703-224-0888
Fax: 703-268-5888
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105 Loudoun St, SW
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Leesburg, VA 20175

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