Resource for a Recourse: Online Resource Center for Survivors of Abuse

VIRGINIA : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

In Virginia, domestic violence is referred to as "Family abuse." Family abuse is when your family or household member hurts you using:

violence
force
threats that result in bodily injury or place you in reasonable fear of bodily injury.

You can get a protective order if you have been abused by:

A current or former spouse
A parent, child, stepparent, stepchild, brother, sister, half-brother, half-sister, grandchild , or grandparent, regardless of whether or not you live together
Your mother-in-law, father-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law, if you live with that person.
Anyone you have had a child with, whether or not the two of you have been married or have ever lived together
Any individual (or their child) who lives with you or has lived with you (in an intimate relationship) within the past 12 months

Note: As a result of a 2006 Attorney General's opinion, it may now be possible to get a Protective Order against a same-sex partner. It is unclear how often orders are actually granted in same-sex situations, but the statute does allow it.

Types of protective orders:

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 he/she 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, your 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 lasts for 72 hours. If it expires at a time when the court is not in session, the order will be extended until 5pm of the next business day the court is in session. An additional 72 hour extension may also be granted, if you are hospitalized or otherwise incapacitated.

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.

Permanent Protective Orders

A permanent protective order offers more lasting protection against domestic abuse. The order will last up to 2 years. It can only be granted after a full court hearing where both you and your abuser have an opportunity to tell your own sides of the story to a judge. A permanent protective order takes effect after it has been served (given) to your abuser. You should be notified when your abuser is served.

BACK TO TOP

Benefits:

A protective order can:

Order your abuser to stop abusing you
Order your abuser to stop contacting you or your family or household members
Order your abuser to leave your house, and give you temporary possession of the house (This does not change who owns the house on paper)
Order your abuser to not shut off the utilities, and to restore utilities, if applicable
Give you temporary possession of any jointly owned motor vehicles and prevent your abuser from using the vehicle.
Require your 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
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.
Provide any other relief necessary to protect you and your family.

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 your abuser owns any weapons. Whether or not the judge in your case will require your abuser to give up his firearms is up to the judge.

BACK TO TOP

Costs:

There is no filing fee to get a Protective Order

BACK TO TOP

Violations:

Call the police, even if you think it is a minor violation. It is a crime and contempt of court if the abuser knowingly violates the order in any way. An abuser can be arrested, fined and jailed for violating the protective order. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. You should also make sure the police or sheriff writes a report on the incident even if the abuser is not arrested--- this is required under Virginia law: (19.2-81.3). The report will be a valuable piece of documentation if you try to modify or extend your order.

In addition to calling the police, if you want criminal charges to be pressed, you will most likely need to file the charges with the Magistrate's office (in a few counties, you can go through the Commonwealth Attorney's office).

BACK TO TOP