English
EspañolStep 1: Go to court to file a petition.
You can file a petition for a protective order at a Juvenile and Domestic Relations District Court, unless you are filing for an emergency protective order or another type of order that is not against a family or household member. Go to the clerk of court and tell him/her you want an application for a family abuse protective order. You can also find links to these forms online by going to our Virginia Download Court Forms page. You can complete the form online and take it with you to the court. For the location of a court near you, go to our Virginia Courthouse Locations page. If you are in immediate danger of abuse and the court is closed, you may get an emergency order by going to the nearest police department. To read more about this type of order, including how long it can last, see What types of protective orders are there? How long to they last?
On the complaint for protective order form, you will be the “petitioner” and the abuser will be the “respondent.” Write about the most recent incidents of violence, using descriptive language - words like “slapping,” hitting,” “grabbing,” threatening,” “choking,” etc. - that fit your situation. Include details and dates, if possible. Be specific.
If you need assistance filling out the form, ask the clerk for help. Some courts may have an advocate who can assist you. Another option is to find help through one of the domestic violence organizations listed on our Virginia Advocates and Shelters page.
Note: Remember to bring some form of personal identification, like a driver’s license or other identification that includes your picture. Do not sign the forms until you are in front of the court clerk when you have completed the paperwork so that they can notarize the forms.
Step 2: A judge will review your petition and may grant a preliminary order.
After you finish filling out your application, bring it back to the court clerk. The clerk will forward it to a judge. The judge may wish to ask you questions as he or she reviews your application. The judge will decide whether or not to issue the preliminary order, and will set a date for a hearing for the final protective order.
Step 3: Service of process
If the judge granted you a preliminary protective order, the court will send a copy and a notice of hearing to the sheriff or police so that they can serve the abuser with these papers. The abuser must be served with the notice of hearing before the hearing can take place. If the sheriff cannot find the abuser to serve him/her with this notice, then the judge may wish to postpone the hearing. If this is the case, be sure to ask for your preliminary order to be extended.
You may wish to stay in touch with the sheriff or police to see if they received your paperwork from the court, and to see if the abuser has been served or not.
You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?
Step 4: The hearing
Your hearing will generally take place within 15 days from the time you file the petition. You must go to the hearing. If you do not go to the hearing, your preliminary order will expire, and you will have to start the process over. It may also be harder for you to get a protective order in the future.
If the abuser has received notice of the hearing, but does not show up, the judge will most likely hold the hearing without the abuser present. The judge may, however, decide to reissue the preliminary protective order and schedule a new hearing.
We strongly suggest getting an attorney to represent you at the hearing, especially if you think the abuser will have one. If you show up to court and the abuser has a lawyer and you do not, you may ask the judge for a delay (continuance) to set a later court date so you can have time to find a lawyer for yourself. For legal referrals, see our Virginia Finding a Lawyer page. See our At the Hearing page for ways to show the judge that you were abused.
You have the right to give medical records to the judge to show the type and severity of any injury that is part of the family abuse that you described in your petition. To do this, you must give the abuser a copy of the records along with a written notice of your plan to use them at least 10 days before your trial for a final order is scheduled. If you are scheduled for a preliminary protective order hearing, this notice only needs to be given 24 hours before the hearing.1
To be accepted by the court, this evidence must include a sworn statement from either:
- the person in charge of managing the medical records (the “custodian of the record”), confirming that the records provided are a true and accurate copy of the original; or
- a sworn statement from your doctor confirming that:
- the doctor treated you; and
- the records are true, accurate, and include a full description of the type and severity of the injury.1
If it becomes necessary for the doctor or the custodian of the record to testify in person, the court will determine whether you or the abuser needs to pay the costs of that person’s appearance. If appropriate, the judge may split the cost between you.1
1 Va. Code § 16.1-245.1
