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Emergency Protective Orders

Home/Divorce & Family Law/Emergency Protective Orders
Emergency Protective Ordersbeharris2020-04-18T14:29:05-04:00

What is an Emergency Protective Order?

An Emergency Protective Order can be issued 24 hours a day/365 days a year by any Judge of a Circuit Court, General District Court, or Juvenile & Domestic Relations Court. It can also he issued by a Magistrate. Because of the urgency of a situation, such as a family abuse situation, an Emergency Protective Order can be issued without the accused party present (ex-parte) with no notice to the alleged abuser. For such an order to be entered there must be reasonable grounds to believe that the alleged abuser has committed family abuse against a family or household member, and that there is a probable danger of more family abuse by the alleged abuser. This can be shown to the Judge or Magistrate through testimony, under oath, by the abused person, or by a law enforcement officer.

An Emergency Protective Order can also be issued when a Judge or Magistrate issues a warrant charging Assault & Battery against the family or household member, or finds that such a warrant has been issued, and there is a probable danger of additional acts of family abuse against family or household members by the alleged abuser. If an individual believes they have been a victim of family abuse, they should proceed to one of the above-mentioned courts or to a Magistrate to get an Emergency Protective Order. After that, they should call an attorney to help make sure that the necessary conditions are imposed under a more permanent Order for an extended period of time.

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    1403 Greenbrier Pkwy, Suite 150 Chesapeake, VA 23320

    Nichols Law, Attorneys & Lawyers, Chesapeake, VA

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    Ralph E. Nichols, Jr., Esquire
    Law Offices of Ralph E. Nichols, Jr., P.C.
    1403 Greenbrier Parkway, Suite 150
    Chesapeake, VA 23320
    Phone: (757) 548-0232
    E-mail: ralphnicholspc@cox.net

    Visa, Discover, and MasterCard accepted.

    SERVICES AND SERVICE AREAS

    The Law Offices of Ralph Nichols, Jr. P.C. provides family law, divorce and separation services, child custody representation, business formation and operating agreements, Wills, Trusts, Estate Lawyer services and more to the Hampton Roads areas of Chesapeake, Suffolk, Norfolk, Isle of Wight, Portsmouth, Newport News, Hampton, Poquoson, Williamsburg and surrounding areas.

    Disclaimer
    I cannot answer e-mail questions due to a possible conflict of interest. For example, e-mails can come from various sources and to give advice in a dispute is a conflict of interest if conflicting parties contact me.
    The answers to these questions do not constitute legal advice, nor do they constitute the formation of a client-lawyer relationship, but are provided for general information purposes only and should not be understood as a substitute for personal legal advice. Therefore, until an attorney-client relationship is formed through a Retainer Agreement, visitors’ information may not be kept confidential, or prevent representation of an adverse party.
    Ralph E. Nichols, Jr., Esquire, a professional corporation. All rights reserved.
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