Fairfax Restraining Order Attorneys

Skilled Representation In Cases Involving Domestic Violence and Protective Orders

A protective order, commonly known as “restraining order”, can throw every part of your life out of balance. Your home, work, and family can all be effectively taken away from you. It is important to take the process seriously and put up a strong defense if someone is petitioning for a protective order against you.

At Lawrence, Smith and Gardner, our attorneys help clients address the issues presented in a protective order petition. Our firm handles all aspects of criminal defense, including cases involving domestic violence allegations and claims of household or family abuse. 

If you are facing criminal charges or have had a petition for a protective order filed against you, you need to act quickly to protect your rights. We have the experience you need.

Time is the most critical factor in these cases. For a free consultation and an immediate review of your petition or the order served against you, call (703) 382-5840 or message us through our contact form. Let our experience be your guide.

What is a Protective Order in Virginia

Commonly referred to as a “restraining order”, a protective order is a civil order issued by a judge or magistrate to protect the health and safety of an individual who has been subjected to violence, force, or threats. While it is a civil matter, violating a protective order is a Class 1 Misdemeanor criminal offense in Virginia.

The Three Stages of Protection

• Emergency Protective Order (EPO): Usually issued by a magistrate immediately following an arrest or an allegation of danger. It lasts for 72 hours (or until the next court session).
• Preliminary Protective Order (PPO): If you require longer protection, you must petition the court for a PPO. This lasts for 15 days or until a full hearing can be held.
• Permanent (Final) Protective Order: Issued after a full evidentiary hearing where both parties can testify. In 2026, these generally last up to two years, but can be extended to four years if the respondent has a prior history of protective orders within the last 10 years.

In Fairfax County, these different types of orders are usually handled in the Juvenile and Domestic Relations District Court or the General District Court, depending on the relationship between the parties. Each order has its own procedures for how it is requested, how the court reviews it, and when you have a chance to appear and be heard. 

We help clients understand which court will hear their case, how much time they have before a hearing, and what documents or witnesses can make the most difference.

How to Get a Protective Order in Fairfax County

The process for obtaining protection depends on your relationship with the person you are filing against. As your Fairfax protective order lawyer, we ensure your petition is filed in the correct jurisdiction to avoid administrative delays.

• Family or Household Members: If the dispute involves a spouse, ex-spouse, co-parent, or family member, the case is handled in the Fairfax County Juvenile and Domestic Relations (J&DR) District Court.
• Non-Family Members: If the dispute is with a neighbor, co-worker, or someone you have never lived with, the case is handled in the Fairfax County General District Court.

What to bring to your filing:

• A detailed written statement (affidavit) of the specific acts of violence or threats.
• The respondent's full name and a reliable address for service by the Sheriff.
• Any evidence of recent threats, such as printed text messages, photos of injuries, or police report numbers.

Consequences Of Violating A Fairfax Protective Order

Violating a protective order in Fairfax can have serious and immediate consequences, even when the contact seems minor or unintentional, so it is important to understand how violations occur and how they are handled by the courts.

• Any violation of a Fairfax protective order can result in new criminal charges, possible jail time, and a permanent record that may affect employment and background checks.
• Fairfax judges take protective order violations seriously, especially repeat allegations, which are typically heard in General District Court or Juvenile and Domestic Relations District Court.
• Seemingly harmless actions—such as responding to a text, relaying a message through a third party, or attending a child’s event without permission—can be treated as violations.
• Social media posts or online references to the protected person may be used as evidence of noncompliance.
• How you respond to an alleged violation can affect both the violation charge and the underlying protective order.
• A defense may involve showing unclear order terms, improper service, unavoidable contact, or lack of proof of a willful violation.

Defending Against a Protective Order in Fairfax

Being served with a protective order can turn your life upside down in an instant. A PPO can force you out of your home, prevent you from seeing your children, and require you to surrender all firearms to law enforcement.

As a restraining order attorney in Fairfax, we defend respondents by challenging the "preponderance of the evidence."

• Lack of Recent Acts: Virginia law requires that the alleged violence or threat occurred within a "reasonable period of time." We often successfully argue that stale allegations do not meet the legal threshold for a permanent order.
• False Allegations for Leverage: Unfortunately, protective orders are sometimes used as "sword rather than a shield" in messy divorce or custody battles. We expose these motives through aggressive cross-examination and the introduction of contradictory evidence.
• Due Process Violations: If you were not properly served or if the petitioner failed to meet the strict filing requirements, we move to have the preliminary order dissolved.

You Need A Restraining Order Lawyer To Protect Your Rights—Contact Us

Protective orders are often underestimated, even though they can have serious and immediate consequences. Whether or not criminal charges are involved, a protective order can affect your home, family, and future. Having legal representation is critical to ensure you can present a defense and protect your rights before life-altering restrictions are imposed.

A strong defense from the beginning matters because protective orders can lead to additional legal problems later. Courts may rely on early findings in future proceedings, making it vital to challenge allegations properly. Defending against a protective order is not just about the present hearing, but about preventing long-term consequences that can follow you in Fairfax courts.

An effective defense involves careful preparation and strategic planning. This includes reviewing police reports, court records, and communications, understanding your history with the other party, and preparing for court testimony. Because protective orders often overlap with criminal cases, legal guidance helps avoid harmful statements, manage risks, and prevent accidental violations that could lead to new charges.

Use our contact form or call us at (703) 382-5840 to discuss your situation today with our restraining order lawyers in Fairfax.