Arlington, VA Family Law And Divorce Lawyer Claudia J. Zucker On Protective Orders And Divorce

As a family law attorney serving clients in the Fairfax-Arlington area of northern Virginia, many of my clients are embroiled in contentious divorces. Some are either justly or unjustly served with a protective order in the middle of the proceedings. While inconvenient, a protective order does not have to impact the outcome of your divorce settlement or custody battle, if properly defended. Your behavior, however, can certainly sway the way that a Fairfax Juvenile and Domestic Relations District or Circuit Court decides on certain aspects of your case. Consequently, it's important that you comport yourself with care. The following is a list of DO's and DON'Ts when served with a restraining order. This information is not to be construed as legal advice. If you are in a divorce or served with a protective order, contact a reputable Virginia family law attorney immediately.

If you are served with a protective order:

DO comply with the law enforcement officer's instructions and the instructions outlined in the protective order.

DON'T become argumentative or refuse to comply. The police officer serving the injunction does not have the power to change the parameters, as it is a court order. He or she does have the power to arrest you for violating the order.

DO read the order carefully. Not all protective orders are identical, so you will want to know the details of the one affecting you. It's not uncommon for a protective order to have provisions for you to vacate the residence; refrain from physical, telephonic, or electronic contact with the petitioner; and when there are allegations of domestic violence, for you to temporarily surrender your firearms and ammunition.

DON'T argue about the veracity of the information in the document. Petitioners frequently make false allegations to "sell" a restraining order to a judge. Initial orders are usually entered with only one party present and you will have your chance to defend yourself in the next hearing. Contact your divorce lawyer, make him or her aware of what is being said about you, and inform your attorney of which parts are correct and which are untrue.

DO make certain that you receive a copy of your restraining order.

DO ask the law enforcement officer on scene for his or her name, ID number, and the case number for the incident.

DON'T allow yourself to be tricked into violating the order. It's not uncommon for a vindictive spouse to suggest for a respondent to do something that violates the order, promising that he or she will not report it to the police.

DO tell your attorney immediately so that may properly advice you on what to do next.

Family Law and Divorce Lawyer of Fairfax, Arlington, and Alexandria

For over twenty years divorce lawyer Claudia J. Zucker has represented husbands, wives, parents, and members of the military in their divorces, child custody disputes, and other family law matters. She represents clients in Arlington, Fairfax, Loudoun, and Prince William Counties. To schedule an appointment with one of North Virginia's top divorce lawyers, call (703) 596-1005.