What Are the Three Types of Protection?
State lawmakers recently expanded the protective order provisions in state law. At the time of this expansion, many judges issued protective orders in almost all cases, regardless of the amount of evidence the alleged victim presented. Today, judges are stingier. However, they still have the legal authority to issue protective orders almost anytime they see fit.
This legal authority includes the power to issue, or deny, one, two, or all three of the kinds of protective orders discussed below. Frequently, a Leesburg assault & battery lawyer resolves protective order matters out of court. These resolutions usually allow both parties to peacefully go their separate ways and avoid harsh consequences for anyone.
Emergency Protective Order
Peace officers, normally arresting officers, can request emergency protective orders on behalf of alleged domestic violence victims. In fact, many jurisdictions have mandatory policies in this area. After officers make domestic violence arrests, they must immediately file EPO applications.
Judges may enter EPOs ex parte (without a hearing) based solely on the alleged victim’s or police officer’s statement. EPOs are valid for three days (six days if the alleged victim is in a hospital), whether or not the defendant receives any notice of the proceeding.
Since the matter is ex parte, limited provisions are available in EPOs. However, in some cases, an EPO could exclude a defendant from a shared residence, even if the defendant is financially responsible for rent or mortgage payments.
Preliminary Protective Order
PPOs resemble EPOs in many respects. The major difference is that the alleged victim must personally file a PPO application.
A preliminary order lasts up to fifteen days until the court hearing for a final protective order. If the court is closed on the 15th day, it would last until the next day that the court is open. If the respondent fails to appear at this hearing because the respondent was not personally served, the court may extend the protective order for a period not to exceed six months. The extended protective order shall be served as soon as possible on the respondent.
Because of the nature of PPO proceedings, some additional provisions are available in these orders, such as:
- Requiring the defendant to provide (i.e. find and pay for) suitable alternative housing,
- Granting the alleged victim exclusive possession of a pet, motor vehicle, or electronic device, and
- Ordering anything else that is necessary for the protection of you and your family or household members.
Additional protections are available, but judges don’t always grant them. In fact, in many cases, a Leesburg criminal defense lawyer reduces the number of restrictive provisions at this stage.
Final Protective Order
An FPO could include all the orders available in the other two kinds of protection. FPOs can also include temporary child custody and child support orders. Because of the sweeping nature of these orders, a full hearing is necessary.
A (final) protective order can last up to two years. It can only be granted after a full court hearing where both you and the abuser have an opportunity to tell your own sides of the story to a judge. However, you can file to extend it before your order expires.
Consent decrees are effective alternatives to all three kinds of protection. Consent decrees can have the same provisions as protective orders, but they don’t have the same indirect effects.
Count on a Diligent 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:
law.lis.virginia.gov/vacode/title19.2/chapter9.1/section19.2-152.8/
