Protective orders serve a critical role in Virginia family law: to protect. They are not meant to be weaponized against an ex or an individual who you believe deserves punishment. These orders keep you safe by ensuring that an individual is barred from being near you, your home, your family, and potentially other locations you frequent after genuine allegations of violence or other alarming behaviors.
While essential for safety in genuinely threatening situations, protective orders can be misused, often after contentious Virginia divorces. This misuse can unjustly restrict a person’s freedoms and limit their time with their children. In Virginia, obtaining a protective order isn’t particularly difficult, yetthe fallout from a false accusation can be devastating. Protect yourself by being cautious and ensuring you have the necessary support and documentation to defend against unjust claims.
When Protective Orders are Weaponized
In some cases, individuals falsely claim to be victims to gain an advantage in a dispute, using the protective order process as a means of punishment. The legal system, however, is not designed to resolve minor relationship or familial disputes rooted in personal grudges.
Weaponizing a protective order not only limits a person’s freedom of movement and ability to live freely but also has lasting effects on their reputation and relationships. The misuse of these orders can have long-term impacts, and it’s essential to address them with the seriousness they deserve.
When protective orders are weaponized in this way, they distort the purpose of the legal system and consume valuable legal resources. Our state allows either party in a protective order case to pursue legal fees, meaning if you are falsely accused you may be able to have the accuser pay for all legal fees from the failed case.
Defending Yourself from Unnecessary Protective Orders
The consequences of a protective order, whether civil or criminal, can be profound. Though the burden of proof for a civil protective order is different from that of a criminal prosecution, the stakes remain high. An unjust protective order on your record can affect your ability to see your children or even impact custody. Beyond immediate family implications, these orders can serve as precursors to criminal cases, where the evidence used in the protective order hearing may later be leveraged by a criminal prosecutor.
It is crucial to mount a strong defense against unwarranted protective orders to protect your rights and your future. Our approach involves thorough preparation and strategic defense to ensure that our clients are not unjustly burdened.
Ensuring Virginia’s Protective Orders Aren’t MisusedAt Rinehart Bryant, we believe in the true purpose of protective orders which is protection. We stand with individuals and families who need legal protection from dangerous or violent situations. However, when protective orders are misused, it wastes legal resources and disrupts innocent lives. If you need to obtain a protective order or require a civil defense against one, contact Your Virginia Family Law Firm. We’re here to ensure that justice is served and that protective orders remain a shield, not a sword.
Rinehart Bryant, PLLC
