Restraining Orders

Only a judge can modify a protective order. If you or the abuser wish to change the terms of the order, a motion to modify can be filed. If you wish to cancel the order, a motion to dismiss can be filed.

If you want to extend the order, you can file a motion to extend. This must be filed before your protective order expires. Proceedings to extend a protective order are supposed to be given high priority by the court. If you were a member of the respondent’s family or household at the time the initial protective order was issued, the court may extend your protective order for a period of up to two years to protect the health and safety of you or your current family or household member(s). You can file to extend your order more than once.¹

For any of the above motions that are filed, the court will set a date for a hearing and the abuser will be served with a copy of the motion and a request to be present. The judge can issue an ex parte preliminary protective order for the period between when you file and when the hearing will be held on whether to extend your order. If the hearing is delayed, this ex parte order can be extended until the final hearing is held.¹ You must attend this hearing and tell the judge why the change, extension, or dismissal (cancellation) is necessary.

¹ Va. Code § 16.1-279.1(B)