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Spotsylvania Protective Order Lawyer

Protective orders can be done either civilly or it can be part of the criminal case. It allows an individual to be free from whoever they are accusing. They may have to say that they were either injured by that person, they were harmed by that person, or they are in fear of imminent bodily injury or harm or sexual assault or death from that other individual.

If you are currently in a case involving or revolving a protective order, contact an experienced attorney. A Spotsylvania protective order lawyer may be able to give you the proper legal counsel you deserve.

Violating a Protective Order

Every violation of a protective order is going to be charged with a separate offense in the state of Virginia. Violation of a protective order for a first offense is going to a misdemeanor offense but it does have mandatory jail time. The Virginia law actually does not define what violation of protective order must have as far as mandatory jail time. It could be an hour in jail, it could be a day in jail, it just depends on the facts of the case, but if a person is convicted of a violation, they have to have mandatory jail time.

Constituting Reasonable Fear of Imminent Serious Injury or Death

Reasonable fear of imminent bodily injury, death, or sexual assault is the standard for an assault charge and a protective order.  It may rely heavily on the credibility of the witness and their detailed account of what they saw.

Words alone are usually not going to be enough for reasonable fear of imminent bodily injury, death, or sexual assault. Words combined with actions can be enough. Menacing threats towards a person’s life could also constitute reasonable fear of injury and/or death.

Laws Regarding Child Custody and Visitation

A person does not automatically lose custody of their if they are charged with a protective order nor violating a protective order. There is no automatic loss of children’s rights so it depends on a case-by-case basis, but custody issues should be discussed by a  Spotsylvania Protective order lawyer.

If a situation where child custody is the main focus, that may be left up to CPS or a lawyer to handle. Sometimes it may be excluded or may be included as part of a protected order if there a legitimate reason to believe that the children are in harm’s way.

Importance of Hiring a Spotsylvania Protective Order Lawyer

Being charged with a protective order is not something to take lightly if charged. If you are charged with a protective order, this means that you may have to build a defense against the protective order. This process of building a defense requires extensive knowledge of the law as well as experience in this matter. If you believe that you may be involved in a situation regarding a protective order, do not hesitate to contact a Spotsylvania protective order lawyer to handle your case. An experienced attorney may be able to sit with you to go over the details of your case and provide you with the legal counsel you deserve.

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