Drop protective order lawyer in Fairfax, Virginia
May Law LLP deals with a lot of criminal charges, whether it is a misdemeanor or a felony. A criminal conviction can affect your life in lasting ways, and can even affect your family members, so we take these matters very seriously. A criminal charge should never be taken lightly, as it can potentially have long-term or even permanent consequences. It not only affects your personal record, but can result in issues in your personal life. Many individuals accused of a crime are often not sure what to do once they learn about the charge against them. If this is the case for you, do not hesitate to consult with a lawyer about the critical steps you should take.
May Law LLP has been serving clients since 1995, in Fairfax, Virginia and practice across Northern Virginia. From dealing with civil litigation, contract law, criminal law, employment law, business law, alcohol beverage control law to family law, there is a lawyer at May Law LLP that can serve as your drop a protective order lawyer in Fairfax, VA. We have successfully provided the quality legal assistance our clients need and depend on to have positive case outcomes. We have skillfully fought for our clients, gathering evidence and presenting compelling arguments that have produced excellent results. Look no further if you are searching for a lawyer that you can depend on to keep your best interests in mind.
Understanding your legal rights when you are dealing with a protective order can be confusing, and it can be hard to comprehend. A lawyer can inform you of your rights in detail and how they can be protected. When attempting to get a claimant to drop a protective order in Fairfax, VA you should ensure that you are aware of your rights. These rights are:
- To receive a notification of the protective order (except in cases where emergency and preliminary court orders are issued).
- To receive a notice of the court hearing, regardless of the type of order issued and the charges in the order.
- The opportunity to be heard and to defend yourself with a lawyer against those charges.
Because protective orders are part of public record, they can damage your image and may cause you trouble when searching for an apartment to rent, buying a home, or even getting a job. These are just some of the reasons why it is necessary to have a robust defense when there is a restraining order against you. If a restraining order is based on exaggerated, misrepresented or misleading claims, it is even more important that you protect yourself and work with a lawyer who can help you navigate the situation. Seek a lawyer who has had adequate experience fighting for clients who have had a restraining order filed against them. They will be the most familiar with the specific legal strategies that can produce the best results for your case. As skilled lawyers, they can assess your side of the story and form an argument that fairly represents your explanation. Even if there is truth in the order, you have the right to defend yourself, and should court be something you want to avoid, you can try to get the claimant to drop the protective order.
To protect yourself and avoid further complications from developing, it is best to simply follow the order. Do not attempt to contact the person who requested the restraining order, regardless of your intentions. Any concerns about your case should first be raised to your lawyer so they can give you initial guidance. Every action you take should be carefully considered because it can impact your defense in a restraining order case.
When going before the court, you should always take your protective order seriously, even if you have proof that the order was filed under false circumstances. Do not dismiss the order or take it lightly, no matter what proof you have. How you respond to a restraining order will be heavily scrutinized by the court. These orders are taken seriously regardless of how true they are, and they are considered true until proven to be otherwise, so keep that in mind.
Make sure that you are prepared to go to court, and that you are prepared to defend yourself against any accusations that come your way–and go in expecting accusations, after all, you should have received a detailed notice that tells you the charges against you in the order. Anticipate any arguments or counter-arguments that the other party may bring against you. Work with your lawyer to develop a structured and detailed defense that addresses any points that the other party may raise.
The hearing is going to be your chance and your lawyer’s chance to prove inconsistencies or exaggerations in the other party’s story. Your argument should not have any gaps or unclear points that the other party may call attention to. Once you are certain you are on the other end of a protective order, start to gather evidence that will aid you and bring that evidence with you to the hearing. You want everything in your corner that you can possibly have.
Do not discard evidence, even if it looks like a bad mark against you. Do not delete any record of contact between you and the other party, such as text messages, emails, phone calls, notes, letters, and voicemails. It appears suspicious and can further skew the court against you and in the other party’s favor. Such actions can be incriminating, and can greatly diminish your argument. It is best to present all evidence and have explanations for anything that may tarnish you. If there are specific records that you are not sure how to approach, a lawyer will be able to review any questionable and challenging pieces of evidence so they can determine the best explanation for them. During a hearing, any actions that look remotely suspicious can tarnish your argument, so it is best to be up-front about “bad” evidence against you and provide an explanation for them early on.
The Cost of a Domestic Abuse Accusation
Nobody denies that domestic abuse is a serious crime, especially a lawyer that specializes in dropping protective orders in Fairfax, Virginia. Domestic violence can greatly affect everyone involved, not just the abusers and victims, but innocent bystanders, concerned relatives, and close friends.
Depending on your own legal history, a domestic violence accusation can lead to many different outcomes – and none of them are good. You might end up with additional charges on top of the domestic abuse that was first reported. If there were children present at the time of the alleged incident, they might be viewed by the court as additional victims, rather than witnesses or bystanders. The cards are stacked against you, and you may feel totally lost.
Domestic violence can tear families apart, but the scars run deeper than that. It causes long-lasting emotional trauma, and more often than not, there is a tragic history of abuse that runs back several generations. But what happens if you’ve been wrongfully accused of domestic violence? Every allegation deserves investigation, but that doesn’t mean you’ll be off the hook.
What if I was Wrongfully Accused of Domestic Violence?
A domestic violence accusation has the potential to completely ruin your life. Your family and friends may desert you, and it’s difficult to clear your name completely. You may even be struggling with a malicious protective order that prevents you from seeing your children – in which case you should reach out to a drop protective order lawyer in Fairfax, VA.
When you’re accused of domestic violence, it’s not just your personal life that suffers. Your professional life can also take a hit. You could lose your job, and if you have domestic violence on your record, you’ll definitely have problems finding a new job afterwards. You’ll have a criminal record, and of course there’s the possibility of legal punishment.
The Punishment for Domestic Violence
The price you pay for domestic violence varies depending on the state. You could be charged with assault and battery, which by itself is punishable by up to 25 years in jail. You could also be charged with child abuse, which only makes things worse for you from a legal perspective. Domestic violence means jail time, fines, and even court-mandated therapy or anger management. Do you think you should suffer through this because of a wrongful accusation?
Reach out to a Lawyer Today
At May Law, LLP, we know that domestic violence can tear families apart. We also know that you have a right to be heard. There are two sides to every story, and domestic violence accusations can go a long way to keeping your side of the events buried from public eye.
If you’ve been wrongfully accused of domestic violence, you don’t deserve to have your life thrown away because of someone else’s dishonesty. And if you’re struggling with a protective order, you may worry that you’ll never see your loved ones again. Reach out to May Law, LLP, and see how the right lawyer can drop your protective order in Fairfax, VA.
May Law LLP understands just how damaging a protective order can be, and we’re here to help you. Contact us today to work alongside one of our lawyers that specializes in dropping protective orders in Fairfax, VA.
Do You Have a Protective Order Against You? Here is What You Need to Know
A protective order, also known as a restraining order, is issued by the court when the person filing feels endangered or threatened by another. So, if someone has filed a protective order against you, they have reason to believe you to be a threat. Whether or not those fears are justified is up to the court to decide. In the meantime, having a protective order filed against you is like facing criminal charges. Although you may not go to jail (unless you violate the order), it’s still a black mark on your record unless a drop protective order lawyer in Fairfax VA gets it vacated, or withdrawn.
What are Protective Orders in Virginia?
Under Virginia state law, there are different types of protective orders.
- Emergency: An emergency protective order is used in cases of alleged domestic violence; it instructs the accused perpetrator to stay away from the property and have no contact with family members for 72 hours.
- Preliminary: At the time a person petitions the court for a permanent protective order, the court will issue a preliminary protective order that remains in force for 15 days.
- Permanent: During the initial 15-day period, the court decides whether or not to make the order “permanent,” meaning it will be in force for up to two years — and can be renewed an indefinite number of times.
At the same time, the defendant (the person against whom the order is filed) has the right to hire a drop protective order lawyer in Fairfax VA to ask for it to be vacated.
Who Issues the Order?
A protective order in Virginia may be ordered by a magistrate, a juvenile/domestic court, or a circuit court. An emergency protective order issued by a magistrate is the most serious, because it may involve criminal charges. Although a protective order hearing is separate from a criminal proceeding, a defendant runs the risk of self-incrimination if they testify at the former. On the other hand, a protective order hearing also gives the defense attorney an opportunity to hear potentially useful testimony from the complaining witness.
What Are My Rights?
With a drop protective order lawyer in Fairfax VA, a defendant can file an appeal. A protective order issued by a Virginia court can be modified or vacated at any time. Petitioning for modification or removal can take place in the court issuing the order, or a circuit court judge.