Protective Orders in Divorce

Virginia Divorce Attorney Can Help Get Protective Orders in Place

Arlington, Virginia Family Law Firm Stands Up for Clients

Virginia courts have broad powers to help curb domestic violence. One of these resources is known as a protective order.

Virginia grants protective orders for family abuse as well as for an act of violence, for, or threat. In a divorce case, the court can issue a protective order to limit contact and/or grant one party exclusive use of the marital residence pending a final divorce hearing.

What Does a Protective Order Do?

A protective order will prohibit one spouse from having contact with another if the following standards are met:

  • There has been an act of violence, force, or a threat; and
  • That act results in physical injury; or
  • Places a person in “reasonable apprehension of death, sexual assault, or bodily injury.”

An individual (or a police officer acting on their behalf) can request emergency protective orders if they are or were the victim of an act of violence, force, or threat. A preliminary protection order can be granted by filing a petition in court that alleges abuse, and will last until there is a full court hearing, typically within 15 days. If a final protective order is granted at the hearing, it will last up to two years and can be extended for two-year periods.

Protective orders in Virginia are logged into a criminal database that is readily accessible to law enforcement personnel to prevent protective order violations and ensure that the alleged abuser respects the limitations that have been placed upon them. For those with a state-issued license or a security clearance – doctors, attorneys, teachers, contractors, and government or military personnel – having a protective order filed against them is often a powerful deterrent, as the process can be very damaging to them professionally.

Contact an Experienced Virginia Divorce Lawyer Today

Are you embroiled in an ugly divorce, and think you might need a protective order? Claudia Zucker has been practicing divorce law in the state of Virginia for more than two decades and will work hard to protect your rights. Contact her online or call (703) 596-1005 to set up your initial consultation today.