Legal Question in Family Law in Virginia
Protective Order Appeals
I have a protective order in place for 1 year against my husband. Because of this he may lose his job because he needs to carry a gun. He has since retained a lawyer and is going to appeal it to have it modified so he can carry a gun. He wants to change it to just a no contact order. Can this be done?
2 Answers from Attorneys
Re: Protective Order Appeals
Sure, the court which put the CPO(civil protection order) in place could also, upon the defendant's motion, modify it to a simple stay away--no contact order.
However, a more important question is whether this modification would be a good idea from your particular perspective of the one whom the protective order was originally designed to protect. If you don't think so or have your doubts, then you should plan to attend the hearing on the defendant's motion to modify and let your opposition be known to the court.
Re: Protective Order Appeals
Yes, it is possible if he successfully raises a request to amend. In light of the fact that a decision has potentially serious consequences for you I would obtain legal counsel.