Restraining Orders

A final protective order can order the abuser to:

• stop abusing you;
• stop contacting you or your family or household members;
• leave your shared home;
• not shut off the utilities or to restore utilities to that home if they have already been shut off;
• provide suitable alternative housing for you and other family or household members, and to pay deposits to have utilities connected or restored in this housing if necessary;
• keep insurance policies, taxes, and registration current for any jointly owned motor vehicle;
• not turn off the cell phone or electronic device used by you or a family or household member before the contract with the third-party provider ends;
• not use a cell phone or other electronic device to locate or monitor (surveil) you by, for example, putting a tracking app on your phone; or
• participate in treatment, counseling, or other programs.¹

A final protective order can also give you:

• temporary possession of your shared home; Note: This does not change who owns the property;
• temporary possession and use of any jointly owned motor vehicles; Note: This does not affect the title or ownership of the car;
• exclusive use and possession of a cell phone number or electronic device, including the password to that device, for both you and any family or household members;
• temporary custody of your children or temporary visitation for any children you have in common with the abuser;
• a temporary child support order for any children you have with the abuser;
• possession of a pet or companion animal if you are considered an owner of the pet; and
• any other relief necessary to protect you and your family.¹

If the abuser is a minor, the judge can also order the local board of social services to provide services to the child and family.¹ Whether a judge orders any or all of the above depends on the facts of your case.

Note: Be sure to tell the judge if the abuser owns any weapons. However, even if the judge does not write it into the order, federal law states that someone with a protective order against him/her cannot own, purchase, or transport firearms. For more information on how protective orders affect someone’s ability to have a weapon, see Virginia State Gun Laws.

¹ Va. Code § 16.1-279.1(A)