Fairfax, Va Family Law Attorney Claudia Zucker On Protective Orders
As a family law attorney representing divorcing spouses in Fairfax, VA, I've seen just how contentious the dissolution of a marriage can be—particularly when domestic violence is involved. On occasion, clients who are considering divorce or already in the divorce process will approach me with concerns for their safety or the safety of their children. In cases like these, I recommend seeking a protective order through the Fairfax County courthouse or the courthouse of the appropriate jurisdiction.
The Purpose of a Restraining Order
In the Commonwealth of Virginia, courts will award a Protective Order for Family Abuse or a restraining order in cases where the petitioner is being physically abused, sexually abused, or threatened. Once the other party is served, depending on the wording of the document, he or she may not be able to have contact with you or your children, or he or she may only be able to have limited contact. In addition, the respondent may be required to leave your home on a temporary basis. If the respondent chooses to violate the restraining order or injunction, he or she can be arrested by the Fairfax police or law enforcement from the jurisdiction where the violation has occurred.
Petitioning for a Protective Order for Family Abuse in Fairfax, VA
Naturally, the first order of business is to ensure your personal safety and the safety of your children. If you are in any immediate danger, leave and call the police. Regardless of whether an arrest is made, request a case number and ask that a police report be written. If you are already in divorce proceedings, notify your family law attorney of the recent developments. To obtain a restraining order, you must go to the Domestic Relations unit in Room 202 of the Fairfax County courthouse. (An appointment is recommended.) There you will meet with a counselor, who will ask you about the incidents of abuse, violence, or threats. It will help if you have approximate dates and times of the occurrences and remember whether or not the police were called. In addition, you should bring identifying information for the respondent, your children, and yourself. Once the order is signed by a judge, it can be served to the respondent. You should keep your divorce lawyer updated on these events as they occur.
If You Are the Respondent in a Protective Order for Family Abuse or Other Injunction
It can be very frightening to be on the receiving end of a restraining order. If you are served with a restraining order, remain calm and follow the instructions outlined in the court order. Bring your copy to your Virginia divorce attorney so that he or she can review it and determine how it affects your case. If you have not retained the services of a qualified Fairfax family law attorney, do so immediately.
Virginia Divorce and Family Law Attorney Claudia Zucker
Do you need a divorce attorney? Do you need help with a protective order issue in Virginia? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.
