New Virginia Laws: 2023 Protective Orders

People often come to our law firm looking for information about how to prevent someone from contacting them because they are being harassed or fear for their safety. One of the major ways the Court deals with these situations is through the issuance of a protective order. There are many different types of protective orders ranging from family abuse protective orders to criminal protective orders. The various types of protective orders are addressed in a separate post.

However, there have been some changes to protective orders that you need to be aware of if you are seeking protection through the court. So what are these new changes?

1. Electronic Passwords - Courts have traditionally been limited in protective order cases to granting no contact against someone else or allowing access to certain family property. This has caused problems for accessing bank accounts or social media to prevent financial abuse. A new law has been passed that allows someone seeking a protective order to obtain passwords for electronic accounts. The same law can prevent surveillance of electronic activity associated with these accounts.

2. Increased access to protective order extensions - Another new law that has been passed makes it easier to extend protective orders. Prior to the new law, there were a lot of requirements that you had to meet to extend a protective order. Protective orders would naturally expire after a period of time set by the Court.

   The new law allows for a written request to extend protective orders and serve the other party with that written request for extension. The court has new powers based upon how the request is received to extend the protective order longer.

3. Law Enforcement Filing - Law enforcement now has the ability to request the issuance or extension of a family abuse protective order on behalf of a child. This is a useful tool for law enforcement if they believe a parent is not properly extending a protective order.

These major three changes are just a short list of some of the new laws impacting protective orders. If you or a loved one are seeking court protection from a dangerous person, our firm would be happy to help you.

Virginia Divorce Law: The Improper Use of Protective Orders

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.

Virginia Department of Social Services: What You Need To Know

The Department of Social Services (“DSS”) is an organization created by the Virginia government. DSS was created to help people get state and federal benefits, protect children from abusive parents, prevent people from taking advantage of individuals with disabilities or special needs, and help with adoption proceedings.

If DSS has become involved in your life, it is because there is some concern about a friend or family member that needs help or protecting. Alternatively, you may be under investigation for some alleged wrongdoing. What do you need to know before you interact with DSS?

DSS Works With Law Enforcement

In order to provide people with the protection or services they need, DSS works closely with local law enforcement. Law enforcement may be notified about any information that DSS obtains during their investigations.

For example, if DSS is doing a family assessment on your family, and you admit to leaving drugs or alcohol in areas where children are located, that information could make its way to law enforcement. If you admit to using any controlled substances to DSS, that information may also make it to law enforcement. Be careful about what you admit to DSS.

There Are Several Types of DSS Workers

There are several different types of workers that are employed. During the time you are working with DSS, you may meet several different individuals. It is important to know who these individuals are and what their roles are. That way, if you have any questions about the status of your case, you will know who to talk to.

If you are dealing with a child that has been placed in foster care, you will likely have at least two (2) different workers. There will be a worker who does the initial investigation to determine placement options, and a worker that works directly with the foster care provider. If you have questions regarding how a child is adapting to foster care, the foster care worker is the better person to speak to.

DSS is Trying to Help

If you are the subject of an investigation, if you believe a child or an adult with disabilities is being abuse, or if your children have been taken away, keep in mind that DSS is trying to help your family. You should immediately report any possible family abuse. DSS’s goal is rarely to initially prevent someone from ever seeing their family again. DSS is there to try and identify safety and health issues that would make the home unfit.

If a family member has been taken away or placed under a protective order, DSS is required to work with you to identify services that can help return the child to your home. Some common types of services include substance abuse evaluations, mental health evaluations, in-home therapy, parent mentors, medication management, and family meetings at DSS’s office. The types of services that will be recommended depend largely on the needs of each individual family. You may have more or fewer services depending on why DSS is involved.

Why You Need a Lawyer if DSS Contacts You

As previously stated, DSS works closely with law enforcement. Additionally, DSS has a heavy caseload and may delay in getting you the services you need. If you say the wrong thing to DSS you could be subject to criminal proceedings. Alternatively, a delay caused by DSS may result in a significant period of time where you could have your child returned to you. A lawyer can help you understand what information could be dangerous to share, how best to receive the services your family needs, and how to interact properly with DSS. If DSS is involved in your family, make sure you consult a lawyer.

Virginia Domestic Relations: Family Abuse Protective Order

Domestic violence can happen to any family. If you or your children have been the subject of domestic violence, there are several protections under the law that are available to you. The court system has the power to protect you and your children from family members that are threatening or engaging in physical harm.

So what powers does the court have, and what do you need to know when requesting a protective order?

What is the Definition of Family Abuse?

A protective order can be granted by the court in circumstances in which you or your children have been the subject of family abuse. Family abuse is defined as “any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member.”

Family abuse can be as simple as a Father or Mother threatening to hit their children with an object of some kind. There does not need to be an actual physical attack to qualify as family abuse.

What Should You Do If You Were Subject to Family Abuse?

The first thing you need to do is to go to your local court and speak with the intake office about why you feel you have been the subject of family abuse. Documents will be sent to the judge and the judge will decide if the facts you have given are enough to prove family abuse. If you have established family abuse, the court then has a number of options. The first thing the court will do is enter an emergency protective order. If the court feels you were not subject to family abuse, then the court will deny your request. Either way, you also be given a court date in five (5) days for the court to determine whether a longer protective order is necessary.

What is in a Protective Order?

A protective order can have a number of different provisions. The court can require that the abuser vacate the home, turn over certain vehicles, let you keep telephones, prohibit contact, and much more. Protective orders can also vary in how long they are granted for. They can range from as much as two (2) years to as little as two (2) weeks. It depends on the severity of the case.

Why Hire a Lawyer?

Even if you file for a protective order and receive a preliminary one, it is important to hire an attorney to advocate for you in court. You must still meet your burden of proof for the judge to extend the protective order. Contact a lawyer if you have been the subject of family abuse.

What Are Removal Proceedings?

If you have found this article, it is likely that you are facing one of the most difficult times in a parent's life. Many states have proceedings that are known as "removal proceedings". This is a complicated, multi-step process that begins whenever the Government has concerns about the health and safety of your children. The purpose of this article is to dispel some of the unknown factors that go into these proceedings.

In the state of Virginia, these proceedings are initiated by the Department of Social Services. They can start a number of different ways, but typically are in the context of an Emergency Removal. Facts have come to the attention of DSS which leads them to believe that the children are no longer safe in your home. 

One of the first steps can be the initial removal of the children upon an "affidavit" filed with the Court. this document outlines to the Court why the Department thinks the children should be removed. Within a short period of time after this removal, you are entitled to an initial hearing to determine if the removal was appropriate. At that hearing, you can choose to participate with DSS or fight the removal. 

A few things can happen at that first hearing. The Court can decide to take up both the reasons for the removal and whether or not the children have been "abused or neglected". Alternatively, the Court may split these two issues up into two different hearings.

If it is split up, you will have another hearing called an "adjudicatory hearing" within 30 days unless all agree to push it out further. At this hearing, the Court will take evidence about whether the children were abused or neglected. After this hearing, you will get a "dispositional hearing". At that hearing, the Court will decide whether the children will be returned or will continue with their placement elsewhere.

If you are facing a removal proceeding, you need immediate counsel. Courts will typically appoint counsel for those who cannot afford counsel. However, if you can afford counsel, it is imperative that you begin looking for an attorney immediately upon receiving notice of the removal.