One of the more nefarious strategies that people use during a divorce proceeding is reporting you to the magistrate and asking for a “protective order.” These protective orders can have serious consequences for your employment and the success of your divorce case. It is important to know what a protective order is, why they are granted, how to combat them and what to do if you were the subject of a bad protective order.

Virginia Law: What is a Protective Order?

A protective order is a document that says you are not allowed to have contact with a certain individual. A protective order can also include provisions for temporary custody and visitation of children. If you are not careful, a protective order can even require you to pay for certain things like phone bills and housing.

These protective orders are normally granted on an emergency or temporary basis. A hearing must be held within a certain period of time to give you an opportunity to fight a protective order.

When Should You Get a Protective Order?

A protective order is designed to protect people from immediate threats or danger of harm. They are supposed to be used to protect a spouse from a physically abusive or dangerous person. For example, if someone threatens to take another person’s life, that would be a good reason to have a protective order. If a former spouse is stalking you, that is also a good reason to have a protective order.

It is not, however, a good enough reason to seek a protective order just because someone does not “feel safe” without an immediate threat. They are also not supposed to be used to obtain temporary custody without fear of danger.

How Do You Fight a Protective Order?

Combating a protective order can be tricky. While protective orders are not criminal cases, they are often accompanied by criminal charges. You certainly have a right to appear in court and fight a protective order. However, if you have been charged with a crime such as domestic abuse, then it may not be a good idea to appear in court without a lawyer. The best way of fighting a protective order is to keep clear records of what happened.

Can You Get in Trouble for Filing a Bad Protective Order?

Yes, absolutely. The other side can seek their legal fees if you used a protective order for your own personal gain but did not actually fear for your own safety.

Why You Need a Divorce Lawyer.

You should hire a divorce lawyer if you are going through a difficult separation or are facing a protective order proceeding. Protective orders can hurt your employment and have impacts on the outcome of your divorce case. It is also important to have a lawyer if you want to seek a protective order to make sure you are doing the right thing and do not have to pay the other side their legal fees.