Fairfax Domestic Violence Lawyer

Advice for Domestic Violence Victims in Northern Virginia

There is never an excuse for domestic violence. If domestic violence is a factor in the decision to end your marriage, you have unique issues to deal with in order to protect yourself and your family. Your first challenge is to ensure the personal safety and security of yourself and your children.

Domestic violence can include:

• Assault and battery
• Burglary and criminal trespass
• Child neglect
• Disorderly conduct
• Kidnapping
• Physical child abuse
• Psychological abuse
• Sexual assault and rape
• Sexual child abuse
• Spousal physical violence
• Spousal sexual violence
• Unlawful imprisonment
• Restraining order violations
• Stalking and harassment

To learn about the best ways to protect yourself and your family in situations involving a history of domestic violence or a real threat of continuing abuse, contact an experienced attorney at MacDowell & Associates P.C. in Fairfax. Our clients can count on us for reliable legal advice and practical solutions that fit the circumstances of your situation.

Call 703-763-0923 in Fairfax County, Loudoun County, Prince William County, and the City of Alexandria

The most important thing to do if you are a victim of domestic violence is to get protection. We can explain the process of obtaining and enforcing a protective order, which can provide the breathing space you need for making sound decisions for the long term.

Any history of family abuse is a factor in determining custody and visitation. When evidence of abusive behavior on the part of a parent is clearly established, a protective order may be issued to prohibit further acts of family abuse.

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.

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.

For specific advice about the ways domestic violence issues can shape the outcome of your divorce, and to learn about the range of options you have for protecting yourself and your children from further abuse, contact a knowledgeable lawyer at MacDowell & Associates P.C. in Fairfax.