If someone has obtained a protective order against you, you may feel as though the court has already accepted their side of the story. That is not necessarily what has happened. In Virginia, a preliminary protective order involving alleged family abuse can be issued without you being present if the legal requirements for an ex parte order are met. A full hearing gives the court an opportunity to hear evidence before deciding whether to issue a longer protective order. Having a lawyer at that stage can be important. You need to understand what the other person is alleging and how you can respond to those allegations in court.
A Lawyer Can Prepare You For The Protective Order Hearing
The hearing is your opportunity to respond to the request for a protective order. To issue a protective order after a full hearing, the court must find that the petitioner proved family abuse by a preponderance of the evidence. Before that hearing, domestic violence lawyers can help clients understand which facts are relevant to the court’s decision. Your lawyer can also review the allegations against you and determine what evidence may help answer them.
For example, the petition may describe an incident differently from the way you remember it. If messages or other available evidence provide important context, your lawyer can determine how that information may be presented to the court.
Your Lawyer Can Challenge The Other Side’s Evidence
Fighting a protective order does not simply mean denying everything the petitioner says. Your response needs to address the evidence supporting the allegations. Suppose the petitioner claims that you made a threat through text messages. Reading only one message may give the court an incomplete picture of the conversation. Earlier or later messages could change its meaning. Your lawyer can review the full exchange and decide whether it helps explain what actually happened.
The same approach applies when statements about an alleged incident conflict with other available evidence. Your lawyer can point out those differences during the hearing and present evidence that supports your account.
A Lawyer Can Address The Restrictions You Are Facing
Protective orders can place serious restrictions on the person named in the order. Depending on what the court orders, you may be prohibited from contacting the petitioner or being in the petitioner’s physical presence. An order can also give the petitioner possession of a shared residence.
If an existing order is creating a problem, domestic violence lawyers can determine whether there is a legal basis to ask the court to change or dissolve it. Virginia law permits either party to request a hearing to modify or dissolve a preliminary protective order, and a respondent may also request a hearing to modify or dissolve an emergency protective order. Until the court changes an order, however, you should follow its terms. Your lawyer can help you challenge the order through the court rather than risk additional legal trouble by violating it.