Protective Orders & Family Abuse

Domestic abuse is a serious problem that frequently leads to tragic consequences. Experienced family law practitioners know this, as do law enforcement officers, prosecutors, magistrates, judges and other individuals whose work involves the family, juvenile or criminal justice systems of Northern Virginia.

False accusations of domestic violence are an equally serious and unfortunately all-too-common issue in family law practice as well. What every party to a domestic violence case has in common (whether the allegations are true or not) is the need to speak with a lawyer as soon as possible.

Experienced Help Protecting Your Family And Your Rights

With decades of family law experience to draw from, attorneys at Duff Kronfeld & Marquardt P.C. are well prepared to help clients address the problems posed by an incident or allegation of abuse in any context or circumstance. Various types of court orders are available in Virginia, including:

  • Emergency protective orders (also known as restraining orders) can be sought at any time, without notice to the alleged abuser. If a request for an emergency protective order is granted, law enforcement will serve the alleged abuser with a written copy of the order as soon as possible, and the alleged abuser will be excluded from the residence and prohibited from making contact or engaging in further acts of abuse. Once notified, however, he or she can also petition the issuing judge or magistrate to dissolve the protective order. Emergency protective orders last for 72 hours, but you can file for an extension that adds another 72 hours. To extend the protection beyond this time frame, you must seek a preliminary protective order or full protective order.
  • Preliminary protective orders offer additional protections and are issued for a 15-day period, during which a hearing will be scheduled. The alleged abuser will be notified of the hearing and have the opportunity to dispute the allegations and explain why a full protective order should not be issued.
  • Full protective orders offer the highest level of protection and stay in effect for two years, after which they can also be renewed. Because these orders severely impact the rights and liberty of alleged abusers, they may be granted only after the alleged abuser has been duly served, notified of the hearing and given an opportunity to refute the allegations against him or her.

Confidential And Understanding Legal Assistance

If you have been a victim of abuse, we will promptly seek the order or orders needed to protect you and/or your child. Conversely, if you have been falsely accused by your spouse or significant other, we will spare no effort or resource to refute the allegations and protect your rights in any subsequent criminal proceedings.

To schedule a confidential appointment, call our Fairfax law office at 703-591-7475 or contact us online.