Restraining Orders

Here are some things you may want to consider doing. However, you will have to evaluate each one to see if it works for your situation:

• Review the order before you leave the courtroom. If something is wrong or missing, ask the clerk to correct the order before you leave.
• Make several copies of the protective order as soon as possible.
• Keep a copy of the order with you at all times.
• Leave copies of the order at your workplace, your home, the children’s school or daycare, your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and work.
• Give a copy of the order to anyone who is named in and protected by the order.
• The court should file a copy of your order with the local law enforcement agency. Make sure a copy has been filed. Take one of your extra copies and deliver it to the police if necessary.
• You may wish to consider changing your locks, if permitted by law, and your phone number, as well as taking other security precautions.

You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many abusers obey protective orders, but some do not, and it is important to build on the things you have already been doing to keep yourself safe. You can find more suggestions on our Safety Planning page. Also, advocates at local domestic violence organizations can assist you in designing a safety plan and can provide other forms of support. To find a shelter or advocate in your area, please visit our Virginia Advocates and Shelters page.

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 the abuser in civil contempt. Another option is that you can call the police to report the violation, and the abuser can be arrested, fined, or 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.

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 writes a report on the incident, even if the abuser is not arrested, because this is required under Virginia law.¹ The report could be valuable documentation if you try to modify or extend your order.

It can be a Class 1 misdemeanor when the abuser violates the part of the order that prohibits him/her from:

• going to or remaining on land, buildings, or premises;
• committing family abuse;
• committing a criminal offense; or
• contacting you or your family or household members.²

It can be a Class 6 felony if the abuser:

• secretly enters your home while you are there;
• secretly enters your home while you are not there, but stays until you arrive;
• commits an assault and battery that results in bodily injury against you or anyone else protected by the order;
• stalks you or anyone else protected by the order;
• violates any provision of the protective order while knowingly armed with a firearm or other deadly weapon;³ 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.²

The abuser can be prosecuted in any of the counties where:

• the protective order was issued;
• the violation took place; or
• you lived when the violation took place.⁴

When any criminal offense is committed by an abuser against a family or household member, the court has the option to put conditions and limitations on the abuser that can include treatment and counseling for the abuser and requiring that the abuser pay for crisis shelter care for the victim.⁵

If there is a Military Protective Order against the abuser issued by a commanding officer in the U.S. Armed Forces or National Guard of any state that is registered in the National Crime Information Center, law enforcement must notify the commanding officer or military law enforcement officer or agency of the abuser’s violation.⁶

¹ See Va. Code § 19.2-81.3(D)
² Va. Code § 16.1-253.2(A)
³ Va. Code § 16.1-253.2(B), (C)
⁴ Va. Code §§ 16.1-253.2(E); 18.2–60.4(F)
⁵ Va. Code §§ 16.1-278.14
⁶ Va. Code §§ 16.1-253.2(F); 18.2-60.4(G)

Your order is valid and enforceable wherever you go throughout Virginia.

Additionally, the federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. territories and tribal lands.  Different states have different rules for enforcing out-of-state protection orders.  

If you are moving out of state, please check the Restraining Orders pages for that state on this website for information on how to have your order enforced there.

Please see our Moving to Another State with a Protective Order section for more information about moving out of Virginia with your protective order.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.