Restraining Orders

A family abuse protective order is a civil court order that is designed to stop violent behavior and keep the abuser away from you. There are three types of protective orders for family abuse:

Emergency Protective Order: An emergency protective order is designed to give you immediate protection. It can be given on the weekends or after business hours when the courthouse is not open. It can also be given “ex parte” by a judge if they believe that you are in immediate danger. Ex parte means the abuser does not have to be present or know that the order has been requested. However, the abuser will have to be given the order (served) before it takes effect.

You can file a petition for an emergency order with a magistrate or any judge at the Court Service Unit of a Juvenile and Domestic Relations Court, General District Court, or Circuit Court. A law enforcement official may also request that one be given to you.

An emergency order expires at the end of the third day after it is given. If it expires on a day when the court is not in session, the order will be extended until the end of the next business day the court is in session. An extension of three more days may also be granted if you are hospitalized or otherwise incapacitated.¹

The judge or magistrate should provide written information regarding protective orders that includes the telephone numbers of domestic violence agencies and legal referral sources on a form prepared by the Supreme Court.¹

Preliminary Protective Orders: A preliminary protective order is the first step to getting a permanent protective order. It is similar to an emergency order, but law enforcement officials cannot request a preliminary order for you. You must file a written petition yourself at the intake office of the Juvenile and Domestic Relations courthouse. You can fill out the forms through the courthouse website system called I-CAN!.

A preliminary protective order can be issued ex parte if you can show good cause for the order and your petition is supported by:

• a sworn statement or affidavit;
• testimony under oath in front of the judge or intake officer;
• a Military Protective Order that was issued to protect you or your family member by a commanding officer in the U.S. Armed Forces or National Guard of any state; or
• a written motion asking to extend a family abuse protective order that already exists.²

A preliminary order lasts up to 15 days until the court hearing for a final protective order. If the court is not in session on the 15^th day, it would last until the next day that the court is open. If the respondent fails to appear at this hearing because  they were not personally served, the court may extend the protective order for a period not to exceed six months. The extended protective order shall be served as soon as possible on the respondent.³

Protective Orders: A permanent or final protective order can only be granted after a full court hearing where both you and the abuser have an opportunity to tell your own sides of the story to a judge. This order can last up to two years. However, if you present evidence that the abuser has had another protective order against him/her within the past 10 years, the judge can make the protective order last up to four years. If the judge does not include a specific expiration date on the order, it will expire at the end of the last day of the two- or four-year period.⁴ You can file to extend it before your order expires. See How do I change or extend the permanent order? for more information.

A permanent protective order takes effect after it has been given to (“served on”) the abuser. You should be notified when the abuser is served.

¹ Va. Code § 16.1-253.4
² Va. Code § 16.1-253.1(A)
³ Va. Code § 16.1-253.1(B)
⁴ Va. Code § 16.1-279.1(B)(1)

A preliminary protective order can:

• prohibit acts of family abuse or criminal offenses that result in injury to you or your property;
• prohibit any contact by the abuser with you or your family or household members that the judge believes is necessary to protect your safety;
• give you possession of the home that you and the abuser share;
• remove (exclude) the abuser from a home you share and order that the abuser cannot turn off any necessary utility services to the home, or order him/her to get them turned back on if they already turned them off;
• require that the abuser provide suitable alternative housing for you and any other family or household member, as well as to pay deposits to connect or restore necessary utility services in the alternative housing provided if necessary;
• give you temporary possession and use of a vehicle that you own by yourself or that you jointly own with the abuser;
• give you possession of a pet or companion animal if you are considered an owner of the pet;
• grant you and, where appropriate, any of your family or household members exclusive use and possession of a cell phone number or electronic device, including the password to that device, and order that the abuser cannot turn off your cell phone or electronic device before the contract with the third-party provider ends;
• prohibit the abuser from using a cell phone or other electronic device to locate or monitor (surveil) you by, for example, putting a tracking app on your phone;
• if the abuser is a minor, order the local board of social services to provide services to the child and family; and
• give you anything else that is necessary for the protection of you and your family or household members.¹

¹ Va. Code § 16.1-253.1(A)

There is no filing fee to get a protective order.¹

You do not need a lawyer to file for a protective order, but it may be helpful to have one, especially if the abuser does. Even if the abuser does not have a lawyer, it is recommended that you contact a lawyer if you can to make sure that your legal rights are protected.

If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence organizations on our Virginia Places that Help page. In addition, the domestic violence organizations in your area or the court staff may be able to answer some of your questions or help you fill out the necessary court forms.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

 ¹ Va. Code § 16.1-279.1(J)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.