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When asked for a comment, Paulding said, "Anytime you have a fight and either you or neighbors call because they hear things getting out of control, the police will respond and check it out. And if they see some evidence that somebody has been injured or the home has been disrupted in some way, they're going to investigate that to determine if there's been an incident of domestic violence."
The police’s determination could lead to an arrest which, according to Paulding, will set in motion a series of events including an automatic protective order and eventual court hearings.
“What a lot of people don’t realize is that when their loved one is arrested for domestic violence, there’s an emergency three-day protective order that is put in place automatically where they can’t have contact with that loved one who’s been arrested,” she said.
Adhering to this protective order is particularly challenging in light of strict measures such as stay-at-home orders taken to stem the spread of COVID-19.
"Normally, one spouse would go to a friend's or neighbor's house for those three days. But with everyone in quarantine, that's a bit different right now, and it might not be as easy for him or her to find another place to stay," she added.
With that in mind, Paulding said that it’s crucial to closely follow the terms set out in a protective order.
“If you violate a protective order in Virginia, a first offense is a class one misdemeanor, and you can go to jail for up to 12 months,” she commented.
According to Paulding, courts in Virginia Beach are not currently hearing domestic violence trials but are holding emergency hearings for bonds and protective orders. She further added that the arraignment process for many held in jail is less than 48 hours.
“If you are in custody and you go down with the police, you don’t get a bond, and they hold you in jail, then the judge is going to see you in the next day usually. If you’re released and then not held, then it could be a couple of days before you’re asked to come back to court.”
When asked what advice she would give to someone facing a domestic violence charge, she said, “You need to know the rules right away and get ahead of the process. You need to call an attorney who handles domestic violence cases, and we can help anybody who is in this type of situation if they give us a call.”
Source: http://RecommendedExperts.biz
Contact Info:
Name: Kristin Paulding
Email: Send Email
Organization: 7 Cities Law
Address: Building 4, #423, 291 Independence Blvd, Virginia Beach, VA 23462, United States
Phone: 757-716-7494
Website: https://7citieslaw.com
Source URL: http://RecommendedExperts.biz
Release ID: 88962632