Restraining Orders

Only a judge can change (modify) a protective order. To change the terms of the order, either you or the abuser can file a motion to modify. If you wish to cancel (dismiss) the order, you can file a motion to dismiss.¹

To extend your order, you must file a motion before your protective order expires. Motions 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 given a copy of the motion and a request to be present. You must attend this hearing and tell the judge why the change, extension, or cancellation is necessary.

¹ Va. Code § 19.2-152.10(G)
² Va. Code § 19.2-152.10(B)