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Legal Information: Virginia

Restraining Orders

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December 13, 2020

What protections can I get in a substantial risk order?

In an emergency substantial risk order, the judge can order that the respondent not do any of the following with a firearm:

  • purchase
  • possess; or
  • transport.1

The order will also state that the respondent must give up any concealed handgun permit if s/he has one and give up any firearms in his/her custody to the law-enforcement agency that serves the order.1

If the judge orders a final substantial risk order, the judge will order that any firearms that the respondent gave up when the emergency substantial risk order was issued must continue to be held by the agency that has the firearms. If there was no emergency substantial risk order issued, the judge can still order the respondent to not purchase, possess, or transport a firearm if the judge issues a final order. The judge will also inform the respondent that a law-enforcement officer can get a search warrant to search for firearms if the officer has a reason to believe that the respondent has not given up all firearms in his/her possession.2

1 VA Code § 19.2-152.13(A)
2 VA Code § 19.2-152.14(B)