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EspañolWho can get a family abuse protective order?
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)
Can I get a protective order against a same-sex partner?
In Virginia, you may apply for a family abuse protective order against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get a family abuse protective order? You must also be the victim of an act of domestic violence, which is explained here What is the legal definition of domestic violence in Virginia?
You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.
What if I do not qualify for a family abuse protective order?
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.
