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, and can be given on the weekends or after business hours when the courthouse is not open. It also can be given ex parte by a judge, if s/he believes 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 served (given the order) before it takes effect.

You can petition for an emergency order with a magistrate at the Court Service Unit of a Juvenile and Domestic Relations Court, or at a 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 following issuance. If it expires at a time 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 additional three days extension may also be granted, if you are hospitalized or otherwise incapacitated.¹

The judge or magistrate should provide written information regarding protective orders that shall include 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 in obtaining 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 order lasts up to 15 days until the court hearing for a final protective order. If the court is closed 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 the respondent was 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.²

Protective Orders: A (final) protective order can last up to two years.³ It 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. However, 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 served (given) to 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(B)
³ Va. Code § 16.1-279.1(B)

A preliminary protective order can:

• prohibit acts of family abuse or criminal offenses that result in injury to a person or to property;
• prohibit any contact by the abuser with you or your family or household members that the judge believes is necessary to protect your/their safety;
• grant 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 s/he terminated them;
• require that the abuser provide suitable alternative housing for you and any other family or household member and possibly require the abuser to pay deposits to connect or restore necessary utility services in the alternative housing provided;
• grant you temporary possession/use of vehicle that you own by yourself or that you jointly own with the abuser;
• grant 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 putting a tracking app on your phone, for example; 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 to make sure that your legal rights are protected if you can.

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 the VA Places that Help page. In addition, the domestic violence organizations in your area or 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

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.

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;
• a parent, child, stepparent, stepchild, brother, sister, half-brother, half-sister, 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; or
• any individual who lives with you (“cohabits”) or has lived with you within the past 12 months or his/her child who also lives in the home.¹  Note: The law uses the word “cohabit” and the definition of “cohabit” generally implies there is an intimate or sexual relationship.

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 on your behalf as what is called your “next friend.” This petition must be filed while that emergency order is in effect or within the 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/were not family or household members.

However, assault, stalking, and harassment are against the law. 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 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 in your area. They can help you figure out your options and offer you support. See: VA Places that Help.

You can file a petition for a protective order at a juvenile and domestic relations court or circuit court.  Go to the clerk of court and tell him/her you want an application for a protective order. You can also find links to these forms online by going to our VA 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 VA 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. If you are issued this order, it will only be good for 72 hours, or until the court is open again.

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 fits 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 that can assist you. Another option is to find help through one of the domestic violence organizations listed on our VA Advocates and Shelters page.

Note:  Remember to bring some form of personal identification (a driver’s license or other identification that includes your picture).  Be sure to sign the forms in front of the court clerk when you have completed the paperwork.

The court will send a copy of your preliminary protective order (if the judge granted you one) 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. Be sure to have your preliminary order extended, if this is the case.

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?

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 court room.  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 work place, at your home, at the childrens school or daycare, in 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/or 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.  Check and 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.  Click on the following link for suggestions on Staying Safe.  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 the VA 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 him/her in civil contempt. Another option is that you can call the police and the abuser can be arrested, fined, and 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 can be a Class 1 misdemeanor when s/he violates the part of the order that prohibits the abuser from:

• going or remaining upon land, buildings, or premises;
• committing family abuse;
• committing a criminal offense; or
• contacting you or your family or household members.¹

It can be a Class 6 felony crime if the abuser:

• secretly enters your home while you are there;
• secretly enters your home while you are not there but remains until you arrive;
• commits an assault and battery against you, which results in bodily injury;
• stalks you;
• violates any provision of the protective order while knowingly armed with a firearm or other deadly weapon;² 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.¹

The abuser can be prosecuted in the county where the protective order was issued, where the violation took place, or where you lived when the violation took place.³

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 write a report on the incident even if the abuser is not arrested — this is required under Virginia law.⁴ The report could be valuable documentation if you try to modify or extend your order.

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

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.

For the purposes of getting this protective order, an act of violence, force or threat means any act that involves violence, force, or threat; and

• results in physical injury; or
• reasonably makes you fear death, sexual assault, or physical injury.¹

Some examples of acts that could qualify as acts of violence, force or threat are:

• forceful detention;
• stalking;
• any criminal sexual assault crime (including, rape, sexual battery, sodomy, and more - all are listed here in Article 7); or
• any criminal offense that results in physical injury to the body or reasonably makes you fear death, sexual assault, or physical injury.¹

¹ Va. Code § 19.2-152.7:1

Emergency, preliminary and final protective orders can order the abuser to:

• not commit acts of violence, force, or threat, or crimes resulting in injury to a person or damage to property;
• prohibit any contact by the abuser with you or your family or household members (and, for emergency orders only, this can include prohibiting the abuser from being in your/their “physical presence,” which includes intentionally maintaining eye contact with you/them or unreasonably being within 100 feet from your/their home or work);
• grant you possession of a pet or companion animal (if you are considered an owner of the pet); and/or
• follow any other orders the judge decides are necessary to prevent:
  • acts of violence, force, or threat,
  • crimes resulting in injury to a person or damage to property, or
  • communication or other contact of any kind by the abuser.¹

¹ Va. Code §§ 19.2-152.8(B),(J); 19.2-152.9(A); 19.2-152.10(A)

The court officials (as well as police officers) are not allowed to tell anyone the residential address, phone number, or place of employment of you or your family members if they are included in the order.¹

¹ Va. Code §§ 19.2-152.8(H); 19.2-152.9(F); 19.2-152.10(H)

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 him/her in civil contempt. Another option is that you can call the police and the abuser can be arrested, fined, and 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. However, the law says that if a person is criminally prosecuted for violation of a protective order for an act of violence, force, or threat, s/he cannot also be found guilty of contempt for the same act.¹

It can be a Class 1 misdemeanor if the abuser knowingly violates any provision of the order.¹

Additionally, it can be a Class 6 felony crime if the abuser:

• secretly enters your home while you are there;
• secretly enters your home while you are not there but remains until you arrive;
• commits an assault and battery against you, which results in bodily injury;
• stalks you;
• violates any provision of the protective order while knowingly armed with a firearm or other deadly weapon;² 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.¹

The abuser can be prosecuted in the county where the protective order was issued, where the violation took place, or where you lived when the violation took place.³ 

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 write a report on the incident even if the abuser is not arrested — this is required under Virginia law.⁴ The report could be valuable documentation if you try to modify or extend your order.

¹ Va. Code § 18.2-60.4(A)
² Va. Code § 18.2-60.4(B), (C)
³ Va. Code § 18.2-60.4(F)
⁴ See Va. Code § 19.2-81.3(D)

A substantial risk order is a civil court order prohibiting an individual (called the respondent) from purchasing, possessing, or transporting a firearm while the order is in effect.¹

1 VA Code § 19.2-152.14(A)

There are two types of substantial risk orders: emergency substantial risk orders and final substantial risk orders.

Emergency substantial risk orders – A judge or a magistrate can issue an emergency substantial risk order if s/he finds that the respondent poses a significant risk of causing personal injury to himself/herself or another person by having or getting a firearm. Emergency substantial risk orders are issued ex parte, which means the respondent does not have notice of the case or appear at the hearing. The emergency order lasts until the hearing for the final order, which must be scheduled within 14 days.¹

Final substantial risk orders – A final substantial risk order can be issued after the respondent has received notice and had the opportunity to participate in a hearing. A final substantial risk order can be issued for up to 180 days.²

¹ VA Code §§ 19.2-152.13(A), 19.2-152.14(A)
² VA Code § 19.2-152.14(A), (C)

When deciding whether to grant a substantial risk order, the judge must consider any relevant evidence, including any recent act of violence, force, or threat towards the respondent or another person.¹ An act of violence force or threat is any act that:

• involves violence, force, or threat that results in bodily injury; or
• places a person in reasonable fear of death, sexual assault, or bodily injury.2

¹ VA Code § 19.2-152.14(A)
² VA Code § 19.2-152.7:1

If you have a valid Virginia protective order that meets federal standards, it can be enforced in another state.  The Violence Against Women Act (VAWA), which is a federal law, states that all valid protective orders granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories.  See How do I know if my protective order is good under federal law? to find out if your protective order qualifies.

Each state must enforce out-of-state protective orders in the same way it enforces its own orders.  Meaning, if the abuser violates your out-of-state protective order, s/he will be punished according to the laws of whatever state you are in when the order is violated.  This is what is meant by “full faith and credit.”

An ex parte preliminary order can be enforced in other states as long as it meets the requirements listed in How do I know if my protective order is good under federal law?¹

Note: The state where you are going generally cannot extend your ex parte preliminary order or issue you a permanent order when the temporary one expires. If you need to extend your preliminary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

Federal law does not require you to take any special steps to get your protective order enforced in another state.

Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid protective order is enforceable regardless of whether it has been registered or filed in the new state.¹ Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

Note: It is important to keep a copy of your protective order with you at all times. It is also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.

 ¹ 18 U.S.C. § 2265(d)(2)

You do not need a lawyer to get your protective order enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your protective order, and help you through the process if you decide to do so.

To find a domestic violence advocate, go to our Advocates and Shelters page.  To find an attorney in the state you are moving to, go to our Finding a Lawyer page.

Custody, visitation, and child support provisions that are included in a protective order can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.¹

¹ 18 USC § 2266

Only the state that issued your protection order can change, extend, or cancel the order.  You cannot have this done by a court in Virginia.

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued.  You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living.  To find out more information about how to modify a restraining order, see the Restraining Orders page on our website for the state where your order was issued by entering your state in the drop-down menu. 

If your order does expire while you are living in Virginia, you may be able to get a new one issued in Virginia but this may be difficult to do if no new incidents of abuse have occurred in Virginia. To find out more information on how to get a protective order in Virginia, visit our VA Protective Orders (for Family Abuse) page.

To register your protection order in Virginia, you will need to fill out the appropriate forms at the family courthouse in your county or online on the Virginia Judicial System website.

You will need to attach a certified copy of your order to the form, and take it to any juvenile and domestic relations district court in Virginia.  See our VA Courthouse Locations page to find a court near you.  The court staff will index your protection order in their system, issue a certificate of filing, and forward a copy to the local law enforcement agency, which will put your protection order into the Virginia Crime Information Network (VCIN), which is a statewide registry that keeps records of all protective orders issued in (or registered in) Virginia.¹

Your order may also be entered into the National Crime Information Center Registry (NCIC), which is a nationwide database of criminal records and protection orders.

If you need help registering your protection order, you can contact a local domestic violence organization in Virginia for assistance. You can find contact information for organizations in your area here on our VA Advocates and Shelters page.

¹Virginia Judicial System website

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.¹  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Planning page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our VA Advocates and Shelters page.

¹ 18 USC § 2265(d)