Protective Order Lawyer in Virginia

At Scrofano Law PC, we defend people across Virginia who are facing protective order allegations. We understand how stressful this process can be. We also understand how much is at stake. Our goal is to protect your rights and help you move forward with a clear plan.

Attorneys Gretchen T. Pousson and Matthew Kensky handle emergency, preliminary, and full protective order hearings throughout Virginia. We take time to hear your side of the story. We review the evidence. We prepare you for court. Then we present a focused defense based on the facts of your case.

If you have been accused of abuse, threats, or violence, do not wait. The sooner you act, the more options you may have. Contact Scrofano Law PC today to schedule a confidential consultation and start protecting your future.

What Is a Protective Order in Virginia?

A protective order is a legal order issued by a judge or magistrate. Its purpose is to protect a person who claims to be in danger. It does this by limiting or stopping contact with another person.

This can include no phone calls, texts, emails, or in-person contact. In some cases, the order may also protect children or other family members who live in the same home.

Protective orders are often used in Virginia domestic violence cases. For example, a person may ask for one if they believe they have been threatened, hurt, or made to feel afraid. The court does not automatically grant these orders. A judge will review the information provided and decide if there is enough reason to put protections in place.

Types of Protective Orders

There are three types of protective orders under Virginia law. Each one serves a different purpose and lasts for a different amount of time.

• Emergency Protective Order (up to 72 hours):
  This is the fastest type of protection. It is usually issued by a magistrate, often after police respond to a situation or make an arrest. It is meant to provide immediate safety for a short time, usually until the court opens and can take a closer look at the case.
• Preliminary Protective Order (up to 15 days):
  This order is issued by a judge and stays in place until a full court hearing is held. Under Virginia Code § 16.1-253.1, a judge may grant it if there is evidence of family abuse. This includes physical harm, threats, or actions that make someone reasonably afraid of being hurt.
• Permanent Protective Order (up to 2 years):
  This order is issued after a full hearing at which both sides can present their cases. It can last up to two years and may be extended in some situations. These orders often include strict limits on contact and may restrict access to shared spaces such as a home, school, or workplace.

Additional Rules a Judge Can Add

Protective orders often include more than just “no contact.” Under Virginia Code § 16.1-279.1, judges may impose conditions based on the circumstances.

These may include:

• Ordering one person to move out of a shared home
• Setting temporary child custody or visitation rules
• Requiring no communication of any kind
• Giving one person use of a shared vehicle
• Requiring counseling or treatment programs

These conditions are meant to reduce conflict and help maintain safety while the case is ongoing.

Violating a Protective Order in Virginia

Violating a protective order is taken very seriously in Virginia. Even a small action, such as sending texts or making calls, can lead to criminal charges.

In most cases, a violation is charged as a Class 1 misdemeanor under Virginia Code § 18.2-60.4. This can result in:

• Up to 12 months in jail
• A fine of up to $2,500
• Or both jail time and a fine

The situation becomes more serious if there are repeated violations or if violence is involved. A third violation within 20 years may be charged as a Class 6 felony. Felony charges may also apply if the violation is connected to assault and battery charges.  A Class 6 felony may carry the following penalties:

• Up to 5 years in prison, or
• Up to 12 months in jail, depending on the case
• A fine of up to $2,500

A conviction can have lasting effects. It may appear on background checks and affect job opportunities, housing, and other parts of your life. Because of this, it is important to fully understand the terms of the order and follow them carefully. In many situations, speaking with a defense lawyer can help you understand your obligations, avoid accidental violations, and prepare for court.

At Scrofano Law PC, we take immediate steps to protect you:

• Carefully review the protective order petition and hearing notice
• Explain the terms of the order so you do not violate it by mistake
• Gather and organize key evidence such as text messages, call logs, photos, videos, GPS data, and receipts
• Identify and prepare witnesses who can support your side
• Represent you at the hearing and challenge unsupported allegations
• Advise you about related consequences, including firearm restrictions, background check issues, and security clearance concerns.

We focus on preparation. We help you understand what the judge will consider and how the process works in Virginia courts. When you know what to expect and have the right evidence ready, you are in a stronger position to protect your rights and your future.

Why Choose Scrofano Law PC for Your Protective Order Defense

When your reputation, your home, and your rights are at risk, the attorney you choose matters. At Scrofano Law PC, protective order defense is handled by seasoned trial lawyers who focus on criminal and high-stakes litigation throughout Northern Virginia.

Over 50 Years of Combined Courtroom Experience

Gretchen Taylor Pousson and Matthew Kensky bring more than 50 years of combined experience to clients facing serious allegations. Their backgrounds span prosecution, public defense, private criminal defense, and appellate litigation. That depth of experience shapes how they approach protective order hearings.

Gretchen began her career as a prosecutor. She understands how allegations are evaluated and how cases are presented from the other side. That perspective allows her to anticipate arguments and identify weaknesses early.

Matthew Kensky, known among peers as “The Professor,” built his career as a Senior Assistant Public Defender in Fairfax County before leading his own practice. He has handled cases across Fairfax, Prince William, Loudoun, and Arlington counties, as well as the City of Alexandria. His experience in trial courts and before Virginia’s appellate courts gives clients a lawyer who understands both strategy and procedure.

Deep Roots in Northern Virginia Courts

Protective order cases are decided by judges who each have their own expectations and courtroom style. Our attorneys regularly appear in courts throughout Fairfax, Prince William, Loudoun, Arlington, and Alexandria counties.

Knowing how local courts operate matters. It affects how evidence is presented, how witnesses are questioned, and how hearings are structured. Our familiarity with Northern Virginia courts allows us to prepare clients with clarity and confidence.

A Defense Built Around You

Some firms treat cases as files to process. At Scrofano Law PC, we treat each case personally.

Protective order allegations often involve family members, former partners, or people who share a home. We understand that the facts are rarely simple and emotions are involved. The outcome can affect custody, guns and firearm rights, employment, and security clearances.

We take time to:

• Review every detail of the petition
• Examine texts, emails, and digital records
• Identify inconsistencies
• Prepare witnesses carefully
• Develop a focused courtroom strategy.

You meet directly with your attorneys. You receive straight answers. You understand the risks and the options before stepping into court.

Trial-Ready Representation

Protective orders may be civil proceedings, but the consequences can be serious. Violations can lead to criminal charges. Final orders can last up to two years and appear on background checks.

Our firm is built on trial advocacy. We are comfortable in contested hearings. We prepare thoroughly and present arguments clearly. When your credibility and future are being evaluated by a judge, preparation and courtroom skills matter.

Committed to Protecting Your Future

Being accused of abuse or threats can feel isolating. You may feel that the system has already made assumptions about you. At Scrofano Law PC, we stand between our clients and the weight of the legal system.

From our Fairfax office, we represent individuals throughout Northern Virginia who are facing protective order allegations. Our focus is simple: protect your rights, present your side effectively, and guide you through the process with clarity.

When it feels like everything is on the line, you deserve experienced counsel who understands the stakes and is prepared to act.

Emergency Protective Orders

A judge or magistrate may issue an Emergency Protective Order without your presence. This usually lasts up to 72 hours or until the next court day.

Even though it is temporary, it can:

• Prohibit contact with the petitioner
• Require you to leave your home
• Restrict firearm possession

We move quickly during this stage. Early preparation can affect how the next hearing unfolds.

Preliminary Protective Orders

If the petitioner seeks longer protection, the court may issue a Preliminary Protective Order. This can last up to 15 days or until a full hearing.

You will be formally served with notice of the hearing date. That hearing is your opportunity to respond to the allegations.

At Scrofano Law PC, we begin building your defense right away. We help you gather text messages, call logs, photos, GPS records, receipts, and other relevant evidence. We identify witnesses and prepare them to testify clearly and calmly. Careful preparation is critical in Virginia protective order cases.

The Full Hearing

At the full hearing, both sides may present evidence and question witnesses. The judge decides whether family abuse occurred under Virginia law and whether a Final Protective Order should be entered.

If granted, a Final Protective Order can last up to two years. It may:

• Prohibit all direct (no-contact protective order) or indirect contact
• Address temporary custody or visitation
• Require you to leave a shared residence
• Restrict firearm possession
• Appear on background checks

Although protective orders are civil matters, violating one can lead to criminal charges.

Matthew Kensky and Gretchen T. Pousson prepare clients for what to expect in the courtroom. We explain how judges evaluate credibility, how evidence is presented, and what types of questions may arise. Our focus is on making sure your side of the story is presented clearly and effectively.

Contact Our Virginia Protective Order Attorneys

If you have been served with a protective order or are facing allegations in Virginia, you do not have to handle this process alone. The consequences can affect your firearm rights, your career, and your family. These issues are too important to leave to chance.

At Scrofano Law PC, attorneys Gretchen T. Pousson and Matthew Kensky bring decades of combined trial experience to protective order defense. They take time to understand your situation, explain your options clearly, and develop a strategy based on the facts of your case.

Your initial consultation is confidential and carries no obligation. We are available to answer your questions and help you understand what comes next.

Complete our confidential contact form to schedule your case evaluation. Protecting your rights starts with a single conversation.

Common Questions About Protective Orders in Virginia