Domestic Partner Violence Lawyer | Fairfax

Protecting Unmarried People Against Domestic Violence

While domestic violence and other forms of family abuse can represent major factors affecting the rights and responsibilities of divorcing spouses, you don't need to be married to benefit from legal protection from an abusive situation. If you're concerned about violence and abuse in a domestic relationship other than marriage, get the advice you need from an experienced lawyer. Contact MacDowell & Associates P.C. in Fairfax to learn about your legal options.

Call 703-763-0923 for Advice in Fairfax County and all of Northern Virginia

The first step is to determine whether Virginia law recognizes your eligibility for protection against domestic violence. The law covers spouses and former spouses, but you might be eligible for a protective order as well if you:

• Live now at the same residence or lived with the abuser within the last 12 months
• Have a child in common with the abuser
• Have a close blood, step or in-law relationship with the abuser

A local magistrate has the ability to enter an emergency protective order, which can last up to three days, in order to protect the safety and welfare of the victim and the family members. This order can be issued without the abuser being present, however, an emergency protective order is not valid until the abuser has been served with a copy or receives a copy of the order in person.

The juvenile court or circuit court can grant a preliminary protective order without the abuser's notice. This temporary order lasts for up to fifteen days, but it is not valid until it has been served on the abuser. The preliminary protective order can prevent the abuser from having access to a home that is shared with the victim, grant the victim exclusive use of a jointly owned vehicle, prevent contact with other family or household members, and prevent the abuser from terminating the utilities to the victim’s residence.

Upon notice to the abuser and a hearing, the court may issue a permanent protective order, which can last up to two years. The permanent protective order can prevent contact between the victim and the abuser, prevent contact between the abuser and other family or household members, grant temporary custody and temporary child support, provide suitable alternative housing for the victim, and require the abuser to obtain counseling.

Although people in current or terminated dating relationships may not be directly protected by Virginia's domestic violence laws, our lawyers can still explore ways to restrain an abuser from threatening or assaulting you. We have even successfully sued abusers for personal injury damages in domestic violence situations.

In the event that any protective order is violated by an abuser it can become a criminal matter. If the abuser is found guilty of violating a protective order, the abuser will serve some time in jail.

When dealing with issues of domestic violence or family abuse, it is imperative that you consult with an experience and knowledgeable attorney. MacDowell & Associates P.C. has the experience and knowledge. To learn more about the scope of our experience with domestic violence problems on behalf of unmarried victims and same-sex partners, contact MacDowell & Associates P.C. in Fairfax.