Legal Information: Virginia

Restraining Orders

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November 18, 2016

I was granted temporary custody with my protective order. Can I take my kids out of the state?

Maybe.  It may depend on the wording of the custody provision in your protective order (if there is a custody provision).  You may have to first seek the permission of the court before leaving.  If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children.  You can find contact information for local domestic violence organizations and legal assistance in the Virginia area on our VA Finding a Lawyer page.