Know the Laws: Virginia
UPDATED October 2, 2012
A family abuse protective order is a civil court order that is designed to stop violent behavior and keep your abuser away from you.
This section defines domestic violence for the purposes of getting a protective order.
In Virginia, domestic violence is referred to as family abuse. “Family abuse” is when a family or household member commits any act involving violence, force, or threat that results in physical injury or places you in reasonable fear of death, sexual assault, or bodily injury. Such acts include, but are not limited to, any forceful detention, stalking, criminal sexual assault or any criminal offense that results in bodily injury or places you in reasonable fear of death, sexual assault, or bodily injury.*
* VA ST § 16.1-228
A family abuse protective order is a civil court order that is designed to stop violent behavior and keep the abuser away from you. There are 3 types of protective orders for family abuse:
Emergency Protective Order: An emergency protective order is designed to give you immediate protection, and can be given on the weekends or after business hours when the courthouse is not open. It also can be given ex-parte by a judge, if s/he believes that you are in immediate danger. Ex-parte means the abuser does not have to be present or know that the order has been requested. However, the abuser will have to be served (given the order) before it takes effect.
You can petition for an emergency order with a magistrate at the Court Service Unit of a Juvenile and Domestic Relations Court, or at a General District Court or Circuit Court. A law enforcement official may also request that one be given to you.
An emergency order expires at the end of the third day following issuance. If it expires at a time when the court is not in session, the order will be extended until the end of the next business day the court is in session. An additional three days extension may also be granted, if you are hospitalized or otherwise incapacitated.*
The judge or magistrate should provide written information regarding protective orders that shall include the telephone numbers of domestic violence agencies and legal referral sources on a form prepared by the Supreme Court.*
Preliminary Protective Orders: A preliminary protective order is the first step in obtaining a (permanent) protective order. It is similar to an emergency order, but law enforcement officials cannot request a preliminary order for you. You must file a written petition yourself at the intake office of the Juvenile and Domestic Relations courthouse. To fill out the petition before you go to court, you can use the I-Can system.
Preliminary orders last up to 15 days, unless the court continues the case for longer.** If the respondent fails to appear at this hearing because the respondent was not personally served, the court may extend the protective order for a period not to exceed six months. The extended protective order shall be served as soon as possible on the respondent.**
Protective Orders: A (permanent) protective order can last up to 2 years.*** It can only be granted after a full court hearing where both you and the abuser have an opportunity to tell your own sides of the story to a judge. However, you can file to extend it before your order expires. See How do I change or extend the permanent order? for more information.
A permanent protective order takes effect after it has been served (given) to the abuser. You should be notified when the abuser is served.
* Va. Code § 16.1-253.4
** Va. Code § 16.1-253.1(B)
*** Va. Code § 16.1-279.1(B)
An emergency protective order can:
A preliminary protective order can:
A protective order can:
Whether a judge orders any or all of the above depends on the facts of your case.
Note: Federal law states that domestic violence abusers with protective orders against them are forbidden to own, purchase or transport firearms. Be sure to tell the judge if the abuser owns any weapons. Whether or not the judge in your case will require the abuser to give up his firearms is up to the judge.
* VA ST 16.1-279.1
Nothing. There is no filing fee to get a protective order.*
You do not need a lawyer to file for a protective order, but it may be helpful to have a lawyer, especially if the abuser has a lawyer. Even if the abuser does not have a lawyer, if you can, it is recommended that you contact a lawyer to make sure that your legal rights are protected.
If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence organizations on the VA Where to Find Help page. In addition, the domestic violence organizations in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms.
* VA ST 16.1-279.1
You can file a petition in the county where you live, in the county where the abuser lives, or in the county where the abuse took place. If there is already another protective order in effect that protects you or your family or household member(s), you have the option of filing your petition in that county.*
* VA ST § 16.1-243(3)