How to Fight a Protective Order in Virginia

Need to Remove a Protective Order? Call (757) 267-4949!

Having a protective order placed against you is a serious legal matter which can have far-reaching consequences. Besides prohibiting certain contact with the individual who issued the protective order against you, a protective order will show up on criminal background checks. Additionally, while the protective order is in effect, you will not be able to possess a firearm.

The Law Offices of Daniel J. Miller represents clients who are facing charges of domestic violence. Whether a protective order has been unfairly placed against you, or whether you have been accused of violating a protective order, we can help. Reach out to us today to learn how a criminal defense attorney can help you fight to remove a protective order.

Call (757) 267-4949 or send us an email today for a consultation!

What Is a Protective Order in Virginia?

A protective order in Virginia is a civil court order intended to protect someone who claims they are in danger of violence, force, or threats. Although these orders are closely tied to domestic violence cases, criminal charges are not required for someone to request one. Protective orders often arise during:

• Domestic disputes
• Divorce cases
• Child custody cases
• Breakups or separation
• Arguments between family or household members

A protective order can restrict where you can go, who you can contact, and even your ability to possess firearms. Unfortunately, protective orders can also be misused as leverage in a custody matter, divorce, or personal dispute.

If you have been served, contact a Virginia Beach protective order lawyer immediately so that you fully understand the legal consequences and your rights.

Types of Protective Orders in Virginia

Virginia law provides three types of protective orders, each with different requirements and durations. Understanding these is critical when preparing your defense.

Emergency Protective Order (EPO)

• Usually requested by law enforcement after an incident
• Issued by a magistrate or judge
• Lasts 72 hours or until the next court session
• Designed to provide immediate short-term protection

Preliminary Protective Order (PPO)

• Filed by the petitioner at the local Juvenile & Domestic Relations Court or General District Court
• Lasts up to 14 days
• Respondent does not need to be notified before the judge issues the PPO
• Sets a hearing date for a permanent order

Permanent Protective Order

• Issued only after a full hearing where both sides can present evidence
• Can last up to two years, with possible extensions
• May include strict additional conditions such as mandatory counseling, temporary custody restrictions, and firearm prohibitions

These orders are civil in nature, but violations carry criminal penalties, which is why it is crucial to seek counsel from an experienced protective order defense attorney in Virginia Beach as early as possible.

Burden of Proof for Protective Orders in Virginia

To obtain a protective order, the petitioner must meet a legal burden of proof. The standard depends on the type of order:

For a PPO (Preliminary Protective Order): The petitioner only needs to show reasonable grounds to believe they have been subjected to violence, force, or threats.

For a Permanent Protective Order: The petitioner must prove their case by a preponderance of the evidence, meaning more likely than not that the alleged acts occurred and that ongoing danger or fear exists.

Evidence commonly used in protective order cases includes:

• Personal testimony
• Text messages, emails, or social media communications
• Phone records or voicemails
• Photos or videos
• Medical records showing injuries
• Witness statements
• Written journals or logs documenting alleged abuse

A skilled Virginia Beach restraining order attorney can challenge the credibility, accuracy, and relevance of this evidence to protect your rights.

Consequences of Violating a Protective Order in Virginia

Violating a protective order in Virginia is a Class 1 misdemeanor, one of the most serious misdemeanor offenses under state law. Penalties for violating a restraining order may include:

• Up to 12 months in jail
• Fines up to $2,500
• Additional protective orders issued against you
• Assault & battery charges (if new allegations arise)
• Further criminal penalties for repeat violations

A second violation involving threats or acts of violence can result in a mandatory minimum jail sentence. Violations are taken very seriously by prosecutors, judges, and law enforcement.

If you have been accused of violating a protective order, contact a Virginia Beach protective order defense lawyer immediately.