If you are subject to a Virginia protective order, then you have two choices. You can wait until the protective order expires, or you can take action to end the protective order early.
Virginia courts can issue full protective orders for up to two years. Your protective order may have a specific date when it expires. If it does, then the protective order ends at 11:59 p.m. on that date. If it does not, then it ends at 11:59 p.m. two years from the date it was issued.
How to End a Protective Order Early
You may have good reason to want to end the full protective order early. Virginia Code § 19.2-152.10(G) allows either party to a protection order to file a written motion with the court to dissolve (or modify) the protection order. Although the statute allows either party to file a written motion, the court will only make a decision after listening to evidence.
If you wish to try to end the protective order early, then you should do so carefully. You must go to court and the person who initially requested the protective order will also need to be noticed and attend court as well. However, you could violate the protective order just by contacting that person. Therefore, you should consult with an experienced Virginia protective order before taking any action.
Your attorney will advise you of all of your rights and options. If the person who requested the protection order is not in agreement, then the court will look very carefully at all of the facts, including your recent behavior, compliance with the protective order, and compliance with any other court or probation matters.
Some of the evidence you should be prepared to provide to the court include:
- Probation records
- Any relevant information about child custody or visitation
- Statements from relatives and other people in your life
- Documentation about any rehabilitation you’ve undergone since the protective order was issued
- Documentation from your employer about whether you are showing up for work, your attitude on the job, and other relevant information
Protective orders have significant consequences, and we are here to help you navigate the legal system before and after a protective order is issued. Please call our experienced Fairfax protective order defense lawyers today to learn more.