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Who 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)
