English
EspañolHow do I change or extend the final protective order?
Only a judge can modify a protective order. If you or the abuser wish to change the terms of the order, a motion to modify can be filed. If you wish to cancel the order, a motion to dismiss can be filed.1
If you want to extend the order, you can file a motion to extend. This must be filed before your protective order expires. Proceedings to extend a protective order are supposed to be given high priority by the court. The judge can extend your protective order for a period of up to two years to protect the health and safety of you or your current family or household member(s). You can file to extend your order more than once. The judge can issue an ex parte preliminary protective order for the period between when you file and when the hearing will be held on whether to extend your order. If the hearing is delayed, this ex parte order can be extended until the final hearing is held.2
For any of the above motions that are filed, the court will set a date for a hearing and the abuser will be served with a copy of the motion and a request to be present. You must attend this hearing and present evidence to convince the judge why the change, extension, or dissolution (cancellation) is necessary.
1 Va. Code § 19.2-152.10(G)
2 Va. Code § 19.2-152.10(B)
What happens if the abuser violates the order?
If the abuser violates the protective order, there are two general options. You can file a violation petition in the court that issued the order and ask the judge to hold him/her in civil contempt. Another option is that you can call the police and the abuser can be arrested, fined, and even jailed for violating the protective order. Even if you think it is a minor violation, it can be a crime and contempt of court if the abuser knowingly violates the order in any way. However, the law says that if a person is criminally prosecuted for violation of a protective order for an act of violence, force, or threat, s/he cannot also be found guilty of contempt for the same act.1
It can be a Class 1 misdemeanor if the abuser knowingly violates any provision of the order.1
Additionally, it can be a Class 6 felony crime if the abuser:
- secretly enters your home while you are there;
- secretly enters your home while you are not there but remains until you arrive;
- commits an assault and battery against you, which results in bodily injury;
- stalks you;
- violates any provision of the protective order while knowingly armed with a firearm or other deadly weapon;2 or
- is convicted of a third or subsequent offense of violating the protective order within 20 years of the first conviction, and any of the offenses are based on an act or threat of violence.1
The abuser can be prosecuted in the county where the protective order was issued, where the violation took place, or where you lived when the violation took place.3
It is a good idea to write down the names of the responding officers and their badge numbers in case you want to follow up on your case. You should also make sure the police or sheriff write a report on the incident even if the abuser is not arrested — this is required under Virginia law.4 The report could be valuable documentation if you try to modify or extend your order.
1 Va. Code § 18.2-60.4(A)
2 Va. Code § 18.2-60.4(B), (C)
3 Va. Code § 18.2-60.4(F)
4 See Va. Code § 19.2-81.3(D)
If I get a protection order, will it show up in an internet search?
According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:
- the petition you file;
- the protection order, restraining order, or injunction that was issued by the court; or
- the registration of an order in a different state.1
1 18 USC § 2265(d)(3)
