There are some things that an attorney can do that an individual would either not know to do or would not do properly potentially hurting their case. However, a skilled spousal abuse lawyer who is familiar with the legal process and the steps that are involved can assist the person prepare for their case and during the actual court hearings. To learn more about the benefits an experienced attorney can provide or discuss your case, consult with an experienced attorney today.
Legal counsel can help a person prepare for a full protective order hearing. Unless it will go to those without realizing that the consequences are a two-year permanent protective order and that they can lose their house and access to their car for two years at the order of the judge because they did not bring an attorney.
Their statements are also taken under oath. These statements can then be used against them at a later point in time and potentially be used for criminal charges pending. It is almost as though they are waiving their right to silence in some of these situations because they are giving these statements in the context of these quick protective order hearings before their criminal case even comes to fruition, and then those things could be used against them in their criminal case.
In addition to that, if there is a protective order against a person and he or she is kicked out of his or her home, they are usually required to maintain utilities and to maintain the home. An individual continues to have to pay for things like power, cable, telephone bills, and rent or mortgage payment on a place that an individual cannot even stay at.
It is a significant financial drain. Sometimes, it is devastating on an individual’s ability to even have enough money to live. Then, certainly, if the individual is in violation of that protective order, that is something that can be a separate offense that can be brought against the person.
It escalates extremely quickly and it is important to have a criminal defense attorney step in and limit the damage, number one, but then start working toward getting some of these immediate losses of rights back and also laying the groundwork for a possible defense later on.
An attorney cannot slow down the consequences from a full protective order hearing. Since these hearings happen so quickly and an attorney can prevent it from getting worse but cannot slow it. An individual does not get time. A person gets 72 hours where they are kicked out and then are going to have a two-week period where it is probably going to be maintained.
Potentially, attorneys can file motions during that period to have a temporary protective order dropped but the problem is they are not going to be able to change that first 72-hour timeline. But what they are going to be able to do is to file motions as soon as possible to help stop the damage.
But slowing it down is not something that an attorney can necessarily do in this type of 72-hour situation. Even for a temporary protective order, they cannot slow down a temporary protective order because it is going to be put in place immediately upon the emergency protective order being finishing.
The temporary protective order determinations are made without the defendant there and without the defendant’s attorney there. They do not have the right to be there for those. What that means is the only thing an attorney can do is file a proactive motion after the temporary protective order comes in to try to undo it or to try to change the terms of it.
A point they are trying to limit the damage that happens and certainly guard against the permanent protective order, but they cannot slow it down. It will be instituted pretty much right away.
Hiring a Virginia spousal abuse lawyer can be beneficial because the person has legal representation in court. This attorney understands the local policies, can file necessary motions, and provide sound legal advice. The attorney can prevent significant financial damages, and file proactive motions. When you are preparing for a full protective order hearing and could be facing criminal charges as well, you should seek a knowledgeable and dedicated spousal abuse attorney.