Restraining Orders

You can get a protective order if you have been abused by a family or household member, which is defined as:

• a current or former spouse, regardless of whether or not you live together;
• a parent, child, stepparent, stepchild, sibling, half-sibling, grandchild, or grandparent, regardless of whether or not you live together;
• your mother-in-law, father-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law, but only if you live with that person;
• anyone you have had a child with, whether or not the two of you have been married or have ever lived together;
• someone who is the legal guardian of a child; or
• someone who lives with you (“cohabits”) or has lived with you within the past 12 months, or their child who also lives in the home; Note: Legally speaking, “cohabit” usually implies there is an intimate or sexual relationship.¹ 

If you are a minor and an emergency protective order is issued to protect you against your parent, a guardian, or someone acting as your parent (“in loco parentis”), a state attorney or a law-enforcement officer may file a petition for a final protective order on your behalf as what is called your “next friend.” This petition must be filed while that emergency order is in effect or within 24 hours after it expires.²

¹ Va. Code § 16.1-228
² Va. Code § 16.1-253.1(D)

In Virginia, family abuse protective orders generally do not cover people who are or were not family or household members.

However, assault, stalking, and harassment are against the law. You can see the definition of these and other crimes on our Virginia Crimes page. If one of these crimes is being committed against you, you may want to consider calling the police. If criminal charges are pressed against the abuser and a warrant is issued for the abuser’s arrest, a judge may be able to order him/her to stay away from you. You can also visit our Safety Planning page for ways to increase your safety.

If you do not qualify for a protective order based on domestic violence, you may be able to file for a Protective Order for an Act of Violence, Force, or Threat.

If you are being stalked or harassed, go to the Stalking Prevention, Awareness, and Resource Center website for more resources related to stalking and harassment, as well as safety planning information.

Protective orders also do not cover many types of emotional or mental abuse. If you’re being mentally or emotionally abused, please contact a domestic violence organization. They can help you figure out your options and offer you support. You can find domestic violence organizations in your area on our Virginia Places that Help page.