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Legal Information: Virginia

Restraining Orders

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Updated: 
December 19, 2023

What protections can I get in a final protective order?

A protective order can:

  • order the abuser to stop abusing you;
  • order the abuser to stop contacting you or your family or household members;
  • order the abuser to leave your house, and give you temporary possession of the house (Note: This does not change who owns the house);
  • order the abuser to not shut off the utilities, and to restore utilities, if applicable;
  • require the abuser to provide suitable alternative housing for you and other family/household members, and to pay deposits to have utilities connected or restored in this housing;
  • give you temporary possession of any jointly owned motor vehicles, prevent the abuser from using the vehicle, and order the abuser to keep insurance policies, taxes, and registration current; (Note: Getting possession of the car does not affect the title/ownership of the car);
  • grant you and, where appropriate, any of your family or household members, exclusive use and possession of a cell phone number or electronic device, including the password to that device, and order that the abuser cannot turn off your cell phone or electronic device before the contract with the third-party provider ends;
  • prohibit the abuser from using a cell phone or other electronic device to locate or monitor (surveil) you by putting a tracking app on your phone, for example;
  • order the abuser to participate in treatment, counseling or other programs;
  • grant you temporary custody of your children or temporary visitation for any children you have in common with the abuser;
  • grant you a temporary child support order for the support of any children you have with the abuser;
  • grant you possession of a pet or companion animal if you are considered an owner of the pet; and
  • provide any other relief necessary to protect you and your family.1

Whether a judge orders any or all of the above depends on the facts of your case.

Note: Be sure to tell the judge if the abuser owns any weapons. However, even if it not written into the order, federal law states that someone with a protective order against him/her cannot own, purchase or transport firearms.

1 Va. Code § 16.1-279.1