Dealing With Protective Orders in Loudoun County Courts

Once upon a time, fighting a protective order in Loudoun County was essentially a waste of time. Now, as the number of false or inflated complaints continues rising, judges scrutinize these matters more closely at the ex parte stage, and are more willing to hear both sides of the story during appeals.

A Leesburg domestic violence lawyer has no say in the process at the ex parte stage. However, the affidavit the alleged victim files is often vital evidence at the appeal stage. If a defendant partners with an attorney early enough, a lawyer has ample time to investigate the facts. Then, at the appeal hearing itself, attorneys can make legal arguments, challenge evidence, introduce evidence, and otherwise do what they do best.

Appeal Hearing Strategies

Eroding the alleged victim’s credibility is often the best strategy at a protective order appeal hearing in Loudoun County.

Usually, the appeal hearing is several months after the alleged incident. Memory fades over time. Additionally, most alleged victims tell their stories several times, to authorities, friends, and online. The details blur. Finally, the brain blocks traumatic memories. Therefore, the alleged victim’s memory was most likely hazy to begin with, especially if the alleged victim had been drinking.

Slight inconsistencies make a big difference. When witnesses make inconsistent statements about small details, their credibility often evaporates.

Furthermore, some alleged victims have little credibility to begin with. Many alleged victims exaggerate stories, or even outright fabricate them, usually to get an edge in a divorce, child custody, or other family law matter.

Attorneys can also call witnesses at appeal hearings. Independent witnesses usually have much more weight with a judge than party witnesses. In fact, when independent witnesses take the stand, something almost mystical happens.

Usually, a Leesburg criminal defense lawyer lightly prepares independent witnesses. Their testimony must not seem rehearsed, and opposing lawyers often don’t aggressively cross examine non party witnesses.

In contrast, attorneys thoroughly prepare defendants and party witnesses. Opposing lawyers throw the kitchen sink at party witnesses. They must be prepared for such scrutiny.

Protective Order Resolutions

Most protective order matters, like most other civil matters, settle out of court.

We should stress that, in most situations, protective orders are civil matters. Criminal law judges must transfer these matters to civil court judges. In fact, if the two parties are involved in a family law proceeding, that family law judge usually assumes jurisdiction over the protective order matter.

Protective order settlements often involve consent decrees. A consent decree has the same provisions as a protective order, as well as the same effects as a protective order. However, a consent decree doesn’t have the same collateral effects as a protective order.

A voluntary consent decree is even better. For example, if the defendant voluntarily signs up for an anger management class, the consent decree won’t include such an order. The decree is less oppressive, which makes the domestic violence assault appear less serious as well.

Count on a Savvy Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia.

Source:

violencefreecolorado.org/wp-content/uploads/2013/11/CCADV-CCASA-Fact-Sheet-on-Myth-of-False-Allegations_updated-2.21.14.pdf