Protective Orders
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Norfolk Protective Orders Attorney

According to national statistics, approximately 15% of all reported criminal violence is committed by an intimate partner. Victims frequently struggle with how to handle scary situations when someone they love or care about hurts them.

If you or someone you know suffers violence at the hands of a loved one in Norfolk, you can file for a protective order. Our compassionate and understanding domestic violence lawyers are here to help. Call Montagna Law for a consultation at 877-622-8100.


No matter what life throws at you, we can help you solve your legal problems.

Call (877) 622-8100 or complete the online contact form to request a free consultation.


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What is a Protective Order?

Protective orders offer essential safety measures for individuals facing threats, violence, harassment, or abuse, putting them in danger of bodily injury, sexual assault, or death. Issued by a judge or magistrate, protective orders are especially important for victims of domestic abuse looking to escape their abusers.

  • Orders the abuser to stop abuse toward you and your family members
  • Prevents the abuser from contacting you, your family, or household members
  • Orders the abuser to leave the home
  • Provides a number of other protections to you and other familial or household victims

In Norfolk, the process for obtaining a protective order is designed to be accessible, yet it involves specific legal procedures that must be carefully followed.

Types of Protective Orders in Virginia

In Virginia, there are three types of protective orders victims of abuse can pursue.

  1. Emergency Protective Orders (EPO) are designed to provide alleged victims immediate protection from the dangerous acts of their abuser as outlined under Va Code § 16.1-253.4. They expire at the end of the third day or the next day a court session is held, whichever is later. Either you or a law enforcement representative can request the order.
  2. Preliminary Protective Orders are an option under Va. Code § 16.1-253.1(B). The first step to obtaining a permanent protective order against an abuser before a full hearing takes place, the order is in effect for up to 15 days. While providing similar protections as the emergency order, a key difference is you must file for this order in writing yourself.
  3. A final Protective Order (PPO), as stipulated by Va. Code § 16.1-279.1(B), may be granted by a judge after a full court hearing takes place. A PPO can last up to two years or longer if an extension is filed before the order expires.

Where Do I Request a Protective Order in Norfolk?

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Your relationship with the person hurting you determines where you should file for a protective order. If the person is family, a household member, or under the age of 18, you can file at the Juvenile and Domestic Relations District Court. Other requests for protective orders not meeting this criteria should file with the General District Court.

How Do Protective Orders Affect Custody in Norfolk?

Protective orders, along with criminal charges, often precede divorces. During divorce proceedings, you can request a temporary order which addresses:

  • Who is in the home
  • Child custody and visitation
  • Spousal support
  • Child support
  • Use of vehicles
  • Any unacceptable behaviors

If a PPO is issued, the individual who is the subject of the protective order may find the court’s decisions regarding custody and visitation goes against their favor. It is also important to know the issuance of a protective order can delay divorce proceedings.

How a Norfolk Family Lawyer Can Help

While you can pursue a protective order on your own, it is to your advantage to have legal representation. Your Hampton Roads attorney will:

  • Gather evidence to support your request
  • Help complete paperwork for you to obtain a full protective order
  • Offer legal advice
  • Assist you through divorce and custody proceedings
  • Provide support, advocacy, and experience

Why Work With Montagna Law

The Montagna Law team offers its clients decades of experience. In 2023, we received the honor of being listed in Attorney and Practice Magazine’s Top 10 Family Law Firms in Virginia.

The attorney-client relationship is very important to our family law attorneys. We pride ourselves on providing every client with excellent customer service while applying our experience and knowledge of Virginia law to each case.

Testimonials

“When I called and spoke with Katy, she right of way made me feel comfortable and not so scared about the process. Thank you so very much. I’m supposed to talk to Tyler today hopefully some good news. Even if it’s not good news. I still recommend this firm.” — Elena F.

“Mr. Montagna helped me with my divorce. I couldn’t be happier to have him on my side. I got the best advice, and it ended with my son in mind. 10/10 would recommend for any woman in a similar situation. Thank you, Mr. Montagna, for getting my family’s needs met.” — Sarah O.

You Don’t Have to Fight Alone

Family abuse is a difficult situation. At Montagna Law, we understand your safety is paramount, and protective orders are sometimes necessary. You do not have to fight your abuser alone. The Norfolk protective order attorneys at Montagna Law understand your fear and want to help. To schedule an appointment, contact our law office. Our phone number is 877-622-8100. If preferable, you can fill out our online contact form.

Visit Our Office

Address:
Montagna Law
425 Monticello Avenue Suite B
Norfolk, Virginia 23510-2408
Phone:
+1 (757) 622-8100
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Frequent Answered Questions

How Much Does a Protective Order Cost in Norfolk?

Free. There is no cost to file for a protective order in Norfolk against an abuser (respondent).

What is the Difference Between a Restraining Order and a Protective Order in Virginia?

Virginia uses the terms “restraining order” and “protective order” interchangeably.

Can Your Address Be Withheld on Divorce Papers With Protective Orders in Virginia?

Yes, following Va. Code 20-60.3(4), if a protective order is in place, or you are at risk of physical or emotional harm, you can withhold your address by filing a request with the court.

Will I Need a New Protective Order if I Move Out of Virginia?

Your current order remains in effect as per federal law stipulating all states uphold protective orders issued in other states. Contact the local court in your new home state to discuss your case and notify local law enforcement you have a restraining order in place.

Written By Jon Montagna

Attorney

Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads Virginia area.