MILITARY DIVORCE

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If you are facing domestic violence from a spouse, significant other, or someone else in your household, then obtaining a protective order from a Virginia court may be the most important step you can take in protecting yourself and your family from the abuser. Protective orders – which are often referred to as “restraining orders” – give you the ability to not only prevent your abuser from approaching you and your family but also to protect your possessions and seek safe housing.

How a Protective Order Protects You and Your Family

When you are granted a protective order against an abuser, you can achieve the following benefits, based on the type of protective order and the terms that a judge includes in the order:

When you are granted a protective order against an abuser, you can achieve the following benefits, based on the type of protective order and the terms that a judge includes in the order:

  • Prohibiting the abuser from visiting or contacting you or others
  • Prohibiting the abuser from taking or damaging family property
  • Granting you possession of your home while excluding the abuser from the home
  • Granting you possession of vehicles
  • Granting you possession of pets
  • Prohibiting an abuser from turning off utilities
  • Requiring an abuser to pay child support
  • Requiring an abuser to provide you with alternative housing

If a protective order is granted, and the abuser fails to comply with it, you can call the police to enforce the order and the abuser will face arrest for non-compliance.

 

Types of Protective Orders and How to Obtain Them

There are three types of protective orders available in Virginia, and each requires that a person seeking the order to go to court to request that a judge issue the order:

Emergency Protective Order: An emergency protective order can be granted immediately at any time, even on nights and weekends (in that instance, the person would go to a magistrate and not the court). The order can be issued without the abuser’s knowledge, and will become effective once it is served. This order will only last for a matter of days, however, and a preliminary protective order should then be sought.

Preliminary Protective Order: This order can last up to 15 days, and it is important to obtain this order as part of the longer process of seeking a final protective order. To obtain this order, you or your lawyer will need to present facts to the court justifying the order. The judge can issue this order without the abuser’s knowledge or input, and it will be effective once served.

Protective Order: Once your preliminary protective order is issued, the judge will set a hearing date to determine whether to convert the order into a final protective order which can stay in effect for up to two years. At your hearing, you or your lawyer will present arguments to the court for why the order should be issued, and the abuser or his or her lawyer will respond with their own arguments. The judge will then decide whether to issue the protective order.

Work with Experienced, Compassionate Family Law Attorneys

At Kurylo Gold & Josey, PLC in Fredericksburg, we will take your matters seriously and help you navigate all aspects of the protective order process in Virginia. To schedule a consultation with one of our Virginia family law attorneys, contact Kurylo Gold & Josey, PLC at 540.642.1766.

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OUR FAMILY LAW PROCESS

Divorce

Child Issues

  • Custody
  • Visitation
  • Child Support

Other Matters

  • Enforcement of Court Orders,
  • Show Cause
  • Drafting and Submission of
  • Qualified Domestic Relations Orders
  • Protective Orders

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OUR ATTORNEYS

KURYLO GOLD & JOSEY

Virginia Divorce Attorney Matt Kurylo

MATT KURYLO

Matt Kurylo began his legal career as a legal services specialist in the U.S. Marine Corps in 1998, then as an attorney in Fredericksburg in 2007. He is the founding partner of Kurylo Gold & Josey. In addition to providing assistance to clients, Matt serves as the firm’s managing partner.

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Virginia Divorce Attorney Emily E. Gold

EMILY E. GOLD

Emily Gold focuses on matters of criminal and traffic defense, as well as family law, including divorce and child issues such as custody and visitation. She grew up in Virginia Beach, Virginia, and attended the University of Virginia and George Mason University School of Law.

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Virginia Divorce Attorney Sara S. Josey

SARA S. JOSEY

Sara is a native of Kentucky but grew up primarily in Raleigh, North Carolina. After graduating in three years summa cum laude, Sara attended Campbell Law School, in North Carolina. Sara practices primarily family law and estate planning matters.

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