Benefits of Finding a Protective Orders Lawyer in Arlington VA
If an individual commits any act that puts another individual in danger, then such person can be restrained by the court by imposing protective orders. These protective orders are generally entered in domestic violence and family abuse cases. The different restraints a protective order can impose include restricting you from contacting a family member which may include even your spouse or partner or restricting you from entering a particular place or restricting you from conducting a specific form of business. Through protective restrictions, the law intends to protect vulnerable people, assert Arlington VA lawyers. Traditionally, when there were no restraining orders, individuals abused by spouses had no remedy except silently suffering or proceeding with a divorce.
Can a parent be prevented from contacting the children?
When an alleged victim proceeds to obtain a protective order, there may be several reasons for the request. The Arlington VA lawyers assert that in most cases, protective orders are sought as a means of legal protection from abuse. When the court orders the alleged perpetrator from having no contact with the victim, the goal is to protect the victim from further abuse, emphasize Arlington VA lawyers. There are cases where clients approach the Arlington VA lawyers to prepare a strong defense in cases involving restraints against contacting his/her children. This can be an emotionally traumatic situation where the parent is prohibited from speaking to the children. The Arlington VA lawyers explain that in these cases, the conditions imposed may include restrictions on contacting the children on phone or meeting the children. If you are trapped in a situation where a protective order is issued forbidding you to have any kind of contact with your children, your first step should be speaking to an experienced Arlington VA lawyer. It is important to disclose all events that have led to the request for restraining your contract with your children. Being honest is vital. You should understand that your Arlington VA lawyer will not judge you. To frame a perfect winning defense, and for your good, you should be transparent and provide complete disclosure of all facts to your Arlington VA lawyer.
Ex Parte - Issues connected to such proceedings
Most clients express shock to the Arlington VA lawyer that protective orders have been granted without hearing their version of the story. Due process requires that both parties to a case be provided an effective hearing before the final order is entered, assert Arlington VA lawyers. In serious situations, the court may proceed ex parte. In these situations, the alleged perpetrator is not properly served notice of the hearing and does not attend the hearing, assert Arlington VA lawyer. However, you should understand that the moving party should establish that a higher degree of harm has been caused or will be caused by the alleged perpetrator. A higher degree of harm indicates a situation where the victim has the fear and belief that imminent injury or grave injury may be caused. This high degree of harm should be effectively proved in court. The court should be persuaded into believing that there is a risk of danger to the life of the victim from the respondent. In these cases, the ex parte order is entered and notice of the same is provided to the victim. If you are ever imposed with a protective order, do not be frustrated. Your Arlington VA lawyer will tell you that protective orders are valid for legally specified periods. After the ex parte hearing, the court conducts a hearing to decide whether permanent restraint should be imposed to restrict the actions of the respondent. At this hearing, the court decides based on the merits of the case and the arguments of your Arlington VA lawyer and determines whether the restrictions should continue or be terminated. For further clarifications on how to defend the restraining conditions, you should speak to your Arlington VA lawyer.
Why is it important to never violate the restraining terms?
You should never violate the terms of your protective order. If a divorce or child custody case is pending in your case, then your act of violating the terms of your protective order can go against you. Most clients innocently violate the terms by contacting their alleged victims. Speak to your Arlington VA lawyer to understand the consequences of your actions. This act of contacting the victim can intensify the terms of the restriction and can bring other criminal penalties. These cases are complex, and you should never proceed without the guidance of an Arlington VA lawyer. Given the emotionally distressing situation you are going through, you should never represent your Arlington VA case by yourself.
Take the Adept Guidance of your Attorney
Individuals slapped with a protective order are mostly shocked and are unable to make any decisions, assert Arlington VA lawyers. You will be surprised to know that there are no court-appointed lawyers for a protective order. However, protective order defense is complex and you cannot successfully dismiss the protective order without the assistance of your skilled Arlington VA lawyers. Defending the protective order does not end with simply denying the allegations. It is important to represent your defense according to the due process of law with the guidance of your Arlington VA lawyer. You may battle your interests in the court with adequate proof but attempting to fight the system baselessly can cast you in a poor light in court. In most cases, a temporary protective order is granted. Regardless of whether you are guilty of the act and have been wrongfully imposed with the protective order, you should remember to abide by the restrictions imposed by the court. Not abiding by the court’s initial direction can result in other charges, warn Arlington VA lawyers. Also, the proceedings are complex and your Arlington VA lawyers will make a thorough analysis of the evidence that may be photos, videos, and objects. Fix an appointment with the attorneys at The Law Offices Of SRIS, P.C. for quick and easy solutions.