How to Fight a Protective Order in Virginia
Need to Remove a Protective Order? Call (757) 517-2942!
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 an attorney can help you fight to remove a protective order.
Call (757) 517-2942 or send us an email today for a consultation!
Defense Against a Protective Order
There may be solid defense options available if you have had a protective order placed against you. Our firm will work to investigate the claims against you and the legality of the protective order. We have significant experience in this area and will take a creative approach to building a defense on your behalf in order to fight the protective order.
Violations of Protective Orders
If you have been wrongfully accused of violating a protective order, then you may be facing serious penalties including but not limited to possible jail time and fines of up to $2500. If you are convicted of violating a protective order, then an additional protective order may be placed against you. Speak to a Virginia Beach protective order defense lawyer from our firm if you have been accused of violating a protective order.
Contact a Restraining Order Defense Attorney Today
Learn about your options for defense if an order for protection has been placed against you. Contact us to schedule a consultation. We serve Virginia Beach, Norfolk, and all of the Hampton Roads area.
Contact us today at (757) 517-2942 for a consultation to discuss your case for getting a protective order removed in Virginia Beach.
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Case Results
A Track Record of Success-
Protective Order Domestic Violence
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Pre Litigation Defense – Rape Sex Crimes
Our client was the respondent of a protective order wherein the petitioner alleged that she was raped. She sought a two-year protective order and was seeking to have detectives assist in securing warrants against him. We suspect that the admissions made on cross-examination by the alleged victim at the hearing will prevent the Commonwealth from bringing any charges.
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Protective Order Family Law
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Driving Under the Influence 4th Offense– Bond Hearing DUI
Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.
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Violation of Protective Order – Appeal Domestic Violence
Our client was under a protective order to have no hostile contact with his family. The Commonwealth alleged that based upon several text exchanges that he had threatened his teenage children. Without the assistance of counsel, he received 90 days of active incarceration in lower Court. On appeal we were able to reduce his confinement to 24 hours – time served.
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Breaking and Entering with Intent to Commit Misdemeanor Felony Defense
Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.
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Third Offense Petty Larceny Felony Defense
Our client was charged with felony third offense petty larceny, which carries a maximum sentence of five years in the Virginia State Penitentiary. We were successful in negotiating a reduction to a misdemeanor petty larceny charge with no active jail time.
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Possession of Marijuana- Appeal Drug Crimes
Our client plead not guilty to a second offense possession of marijuana charge. We successfully argued that the Commonwealth had failed to prove constructive possession. The case was dismissed.
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Driving Under the Influence DUI
Our client was charged with driving under the influence after officers answered a call for service in a church parking lot. Eyewitnesses were able to testify as to the time of operation and identify the driver. Officers testified that they smelled alcohol coming from our client, that he was unsteady on his feet, and that he had not done well on his field sobriety tests. Video evidence secured from the church and bodycam footage did not support the testimony. The DUI charge was reduced to reckless driving.
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Domestic Violence Domestic Violence
Our client was alleged to have assaulted the girlfriend of her child’s father during an exchange of the child at a police precinct. Phone video evidence and inconsistencies in the Prosecutor’s witness testimony led to a dismissal of the charge.