Emergency Protective Orders

Emergency protective orders can be issued against persons in Virginia Beach and Norfolk, Virginia, based on a variety of reasons.  If you have been the recipient of such an order, you probably have questions concerning your rights.  Your Virginia Beach Criminal Defense and Family Attorney can answer your questions during a free, no-obligation initial consultation.

In Virginia, Code Section 19.2-152.8 provides that emergency protective orders can be issued in cases of stalking, sexual battery, and acts of violence.  Who may order an emergency protective order?  The statute provides that “any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte protective order . . . “This means that a protective order may be issued against you even if you aren’t a party to the proceeding!  Therefore, it is completely normal to have questions.

It is important to understand that there may be serious allegations against you if a protective order has been issued against you pursuant to the aforementioned statute.  Such orders are issued when a person has alleged, under oath, that the person subject to the order has violated a law (sexual battery among others) that is serious enough to be applicable by the statute.  Your Virginia Beach and Norfolk Criminal Defense Attorney can assess whether any allegation against you could result in a protective order being issued, what such an order would mean for you, and how you can protest such allegations if they are untrue.

What can a protective order force me to (or not) do?  A protective order of this type is limited in scope to prohibit the acts complained of, but remember, the judge has wide discretion as a result of public policy.  The law errs on the side of caution when it comes to remedies against violence; as an example, note that the protective order statute refers to “such other conditions as the judge . . . deems necessary to prevent [stalking, sexual battery, and other crimes alleged].”  Don’t wait to be called into court before you take allegations thrown your way seriously.  The sooner an accused individual acts; the best and most adequately his trusted local Norfolk Criminal Defense Attorney can represent him.