Fairfax Circuit Court opinions can be persuasive but are not binding

Fairfax Circuit Court (FCC) judges sometimes decide to issue and publish written opinions to explain their rulings. As a Fairfax criminal lawyer, I know that not all other Virginia circuit courts make their judges’ opinion letters available online, which often are nonetheless available on such subscription legal research services as Westlaw. In that regard, in March 2025, FCC Judge Stephen C. Shannon issued an opinion letter in J.D.B. v. Commonwealth of Virgina,  No. CL2025-15091 (May 18, 2025). that emergency protective orders are not eligible for expungement. Curiously, Judge Shannon’s two-page opinion letter makes no reference to the much more in-depth and helpful two opinion letters by FCC Judge David Oblon on the matter, in A.M.Z.P. v. Commonwealth of Virginia, 2024 WL 5454768 (Feb. 5, 2024) and R.T. v. Commonwealth of Virginia, No. CL 2024-5072 (Aug. 30, 2024).

Are Fairfax Circuit Court opinions binding upon remaining circuit court judges?

Fairfax Circuit Court opinions — and all written opinions by Virginia Circuit Court judges — are not binding upon other Circuit Court judges. Consequently, why do judges issue such opinions for public dissemination? For one thing, that provides the judicial reasoning for any appellate court to consider if the matter is appealed. For another thing, the opinion gives guidance to future litigants. Also, some such opinions may be written so persuasively as to be fully or partially adopted by other members of the bench. Finally, if a Circuit Court judge wishes to join an appellate court, such written opinions can be considered by the legislative members deciding upon filling judicial vacancies.

What makes a Virginia protective order expungable?

Fairfax Circuit Court judge Shannon’s above-referenced opinion letter conveys that emergency protective orders are not expungable. However, Juge Oblon’s above two-referenced opinion letters seem to make more sense, which is that when a criminal charge is expunged, any related protective order also needs to be expunged: “Protective orders often relate to criminal charges. A protective order, and its liminal counterparts, may issue in connection with a warrant for any criminal offense resulting from the commission of an act of violence, force, or threat. Va. Code Ann. § 19.2–152.10(A) (‘The court may issue a protective order … upon … the issuance of a petition or warrant for … any criminal offense ….’); Va. Code Ann. § 19.2–152.9(A) (‘Upon the filing of a petition alleging that … a petition or warrant has been issued for the arrest of the alleged perpetrator for any criminal offense … the court may issue a preliminary protective order …’); Va. Code Ann. § 19.2–152.8(B) (‘When a law enforcement officer or an alleged victim asserts under oath to a judge or magistrate that such person is being or has been subjected to an act of violence, force, or threat, and … the judge … finds that … a petition or warrant for the arrest of the respondent has been issued for any criminal offense … the judge or magistrate shall issue an ex parte [EPO] ….’).” A.M.Z.P. v. Commonwealth of Virginia. In the foregoing regard, and as a Fairfax criminal lawyer, for domestic assault prosecutions I often see the court megistrate issue an emergency protective order along with an assault-related criminal charge.

What do I do if issued an emergency, preliminary or final protective order?

A violation of a Virginia protective order (whether issued by a Fairfax Circuit Court judge or a judge elsewhere in the Commonwealth) allows for the alleged violator to be prosecuted, and, if convicted, to face up to a year in jail for each count (and worse under certain circumstances.) Therefore, it is essential to scrupulously follow any such orders, even if that means not responding to the complainant who claims to want to communicate with you, anyway. I would go as far as to urge people to remove from their cellphone speeddialing the protective order petitioner, to reverse any automatic callback feature on their cellphone, and to remove all their social media connections to the petitioner. Moreover, the respondent in a protective order proceeding should obtain a qualified attorney and fully fight the matter.

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your best defense against Virginia felony, misdemeanor, and DUI prosecutions. Call 703-383-1100, Info@KatzJustice.com, and (text) 571-406-2768, for your free in-person initial confidential consultation with Jon Katz about your court-pending prosecution.