Restraining Order Lawyer in Virginia
Former Prosecutors & Public Defenders Representing Both Sides of Protective Order Cases
Protective orders, also called “restraining orders,” are commonly issued in domestic violence cases, but they also arise in stalking, harassment, and threat situations between people without a family relationship. These orders prohibit contact with the protected person, may require the respondent to vacate a shared residence, and carry criminal consequences for any violation. They can reshape custody arrangements, restrict firearm rights, and affect security clearances, all before a full hearing takes place.
Whether you’ve been served with a protective order or you need one to protect yourself and your children, the stakes are high from day one.
At King, Campbell, Poretz, and Mitchell, we represent both sides of these matters.
- Protective Order Defense: We defend individuals accused of domestic violence in protective order hearings.
- Protective Orders for Victims: We also represent individuals who need protective orders to help protect their safety and that of their children.
If you need legal help with a protective order matter, contact our team to discuss your situation.
Virginia’s Three Types of Protective Orders
Virginia law establishes three protective orders, each with its own standard, duration, and conditions. Understanding how they work is the first step in knowing what you’re facing, or what you can seek.
Emergency Protective Orders
An emergency protective order (EPO) is issued ex parte, meaning the judge or magistrate hears only one side before deciding. It requires only a showing of probable cause, often arising at the time of a domestic violence arrest. EPOs typically prohibit contact, require the respondent to leave the shared residence, and grant temporary child custody to the petitioner. They expire at the end of the third day after issuance or at the close of the next court day if issued on a non-court day.
The respondent also loses the right to carry firearms, and the EPO can affect security clearances, a consequence that matters significantly for certain types of employment.
Preliminary Protective Orders
A preliminary protective order (PPO) is the next step. Issued by a judge ex parte on a showing of immediate and present danger or recent family abuse, it remains in effect for up to 15 days, at which point a full hearing must be held. That 15-day window is short, whether you’re building a petitioner’s case or preparing a defense.
Final Protective Orders
A final protective order follows a full hearing at which both parties may present evidence and testimony. These orders can last up to two years and may be extended for additional two-year periods with no cap on extensions.
Additional conditions a final order may include:
- Exclusive possession of the shared residence or alternative housing with utilities
- Temporary child custody and child support
- Possession of a shared vehicle
- Possession of a shared pet
- Use of a shared cell phone
- Any other relief the court deems necessary
Final protective orders are enforceable nationwide under the Full Faith and Credit clause.
Protective Order Cases in Alexandria
Family abuse protective orders in the City of Alexandria are filed in the Alexandria Juvenile and Domestic Relations District Court (JDR Court), located at the Franklin P. Backus Courthouse on King Street. The JDR Court is a court not of record: a judge decides all cases without a jury. A final protective order entered there may be appealed to the Circuit Court for the City of Alexandria, which conducts an entirely new trial as a court of record.
Adult protective order hearings in Alexandria JDR Court are scheduled at 9:00 a.m. on Mondays, Wednesdays, and Fridays. Ex parte hearings are held at 1:30 p.m. Monday through Friday. There is no filing fee for a family abuse protective order. The 15-day window between a PPO and the full hearing leaves little time to prepare, and individual judges in Alexandria JDR Court have their own expectations for how evidence is presented and hearings are conducted. Our attorneys have appeared before that court and understand how to prepare for it.
If you’re searching for a restraining order attorney in Alexandria or anywhere in Northern Virginia, King, Campbell, Poretz, and Mitchell represents both petitioners seeking protection and respondents contesting orders. Our team includes attorneys with former prosecutor and public defender backgrounds and over 100 combined years of experience across Virginia state and federal courts.
Protective Order Defense
Protective orders have saved lives, but they’re also sometimes sought to gain leverage in a divorce or custody dispute. Accusations built on exaggerations or falsehoods can result in a temporary order being issued before you have any opportunity to respond, and the damage begins immediately: you may be removed from your home, separated from your children, and prohibited from possessing firearms, all based on one side of the story.
If you believe the allegations against you are false or overstated and you’re facing a final hearing, or if you want to appeal a protective order that has already been entered, our firm can help.
One thing to understand about appeals: the final protective order is not stayed while you pursue one. Its terms remain in effect until the Circuit Court conducts a new trial. Given crowded dockets in Northern Virginia, months may pass before that hearing is scheduled, making it important to act quickly and with a clear strategy from the start.
Protective Order Violations in Virginia
A protective order becomes a criminal matter the moment it is violated. Under Virginia Code 18.2-60.4, a first violation is a Class 1 misdemeanor carrying up to 12 months in jail and a fine of up to $2,500. Penalties escalate from there: a second violation within five years of the first, when either offense involved an act or threat of violence, carries a mandatory minimum of 60 days of active confinement. A third or subsequent violation within 20 years of the first conviction, when any offense involved violence or a threat of violence, is charged as a Class 6 felony with a mandatory minimum of six months of confinement.
Firearm Surrender and Additional Consequences
Violations involving a firearm or deadly weapon, or that result in bodily injury from assault and battery, are Class 6 felonies regardless of prior record. Upon any conviction under Va. Code 18.2-60.4, the court must enter a new protective order for up to two years, and active confinement is required. Courts can’t suspend the entire sentence.
A person subject to a final protective order must sell, transfer, or surrender all firearms within 24 hours of service and file written certification of compliance with the court within 48 hours. Even indirect contact, such as a text message or a message passed through a third party, can constitute a violation. A violation charge is also a separate criminal offense from any underlying domestic violence charge, meaning a respondent can face prosecution on both simultaneously.
Because violations are prosecuted as criminal offenses, our team’s criminal defense background is directly relevant. King, Campbell, Poretz, and Mitchell defends individuals charged with protective order violations in addition to representing clients at the underlying protective order proceeding. If you need a restraining order lawyer in Alexandria or the surrounding Northern Virginia area, contact us as early as possible.
Arrange for a consultation with a Virginia restraining order lawyer by contacting a team member at (703) 468-8557.
Speak with King, Campbell, Poretz, and Mitchell About Your Case
King, Campbell, Poretz, and Mitchell has handled protective order matters on both sides since 2008. Our attorneys are recognized in Super Lawyers and Best Lawyers in America and hold AV Preeminent® ratings. When you work with us, you have direct access to your representing attorney rather than a rotating team of associates. Protective order proceedings move on a compressed timeline, and both petitioners and respondents can benefit from having counsel in place well before the full hearing.
Call (703) 468-8557 or reach us through our contact page to discuss your protective order matter with our team.
AWARDS & ASSOCIATIONS
WHAT PEOPLE SAY
At King, Campbell, Poretz, and Mitchell, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
-
"What all lawyers should be"
The best lawyers in the US are seemingly the fictional ones portrayed in TV series such as L.A. Law, Law and Order, and ...
- Former Client -
"I'd recommend him to anyone in need of help. Very patient and understanding. Walks you through the entire process step by step"
Mr. Ryan Campbell is The Great Lawyer! Very knowledgeable about the law and had my case dismissed!
- Eduardo O. -
"Ryan Campbell is an outstanding attorney."
Ryan showed he had an excellent command of the facts and the decisions I faced heading into trial.
- Jason F. -
"Besides marrying my wife, hiring Joe King as my attorney was the best decision of my life."
Right from the start, I felt like I was in good hands. I could tell Joe King really cared about my situation and believed me.
- Mark T. -
"I needed an attorney for a traffic related ticket, that could have been very bad, and was referred to Joe King"
Mr. King has the ability to really and truly listen, and then starts to strategize from a point of understanding.
- Meti L. -
"You cannot find a better attorney than Joe King."
From our initial meeting and throughout the process I had a 100% confidence I had made the right choice. Joe was easy to communicate with, very professional.
- J.G. -
"Mr. Ryan Campbell has been a great lawyer to me. He listened very carefully and very patiently to every detail of my case."
Mr. Campbell went above and beyond to defend me and I am great-full to have representing me.
- Habte Z. -
"Evelyn represented me for my very complex divorce case."
My case became so complex and Evelyn managed to be one step ahead each time. She kept me updated at every step.
- Rinku S.