Family Law Practices
Domestic Violence and Divorce in VirginiaThe accusation of domestic violence is significant in a divorce. Physical, emotional, or sexual abuse between two people in a marriage may form the grounds for divorce in the Commonwealth of Virginia. Whether you or your children have been the victim of abuse or have been accused of domestic violence you must seek immediate legal advice.
Protecting Yourself from Domestic Abuse in VirginiaThe worst thing you can do when you are the victim of domestic violence is to stay silent. Physical violence and threats to your safety can warrant the issuing of a protective order. We at Curran Moher Weis are well versed in the legal proceedings regarding protective orders and will help you navigate the complicated decisions you need to make.
Protective Orders in the Commonwealth of Virginia and Legal Counsel:A magistrate or judge can issue an order to protect a person from violence or threatening behavior by another person within the same household. There are three different types of protective orders in the Commonwealth of Virginia. The primary goal of any Virginia protective order is to administer a legal means of stopping the abuse and provide protection for the victim(s) in terms of limiting contact with the alleged abuser. Each order escalates both the amount of time the order is in place and the magnitude of legal refuge for the victim(s). Understanding your legal rights as a victim of abuse is vital to obtaining the most appropriate court ordered protection. The information below is a brief overview of protective orders. The penalties of domestic violence will have a direct impact on any divorce proceedings in Virginia.
- Emergency Protective Order: An emergency protective order is issued when the abuse is first reported and is in effect for 72 hours.
- Preliminary Protective Order: A preliminary protective order may give the victim temporary child custody and exclusive possession of a home and jointly owned vehicle. This order is typically requested by a party before the Emergency Order expires. The court hearing to receive this is done ex parte, meaning the accused is not present. This protective order may be in effect for up to 14 days, or until the hearing on the final protective order.
- Final Protective Order: A final protective order is comprised of essentially the same elements of an emergency or preliminary protective order. However, at this protective order hearing, the accused has the right to be present and to defend him or herself. This most comprehensive protective order may be in effect for up to two years.