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Domestic Violence and Protective Orders in Virginia

Author: Susheela Varky

If you or your children are in immediate danger, call 911. The Virginia Sexual and Domestic Violence Hotline is also available any time, day or night: call 800-838-8238 or you can chat or text with someone.

If you are dealing with abuse or threats from someone in your household, you have legal options. A court can order the abuser to stay away from you, leave your home, and stop contacting you. You do not need a lawyer to get help, and there is no cost to file for a protective order.

This guide explains what your options are and how to get started.

What counts as domestic violence?

Virginia uses the phrase, "act of violence, force, or threat" for domestic violence. If someone uses violence, force, or threats that cause injury or make you reasonably afraid of being hurt, this counts as domestic violence.

Family abuse is when an act of violence, force, or threat is committed by a family or household member.

You usually have to show physical injury and fear of further physical injury to get a protective order. But depending on your situation and your judge, it may count if someone threatens to seriously harm or kill you in a way that makes you genuinely afraid.

What is a protective order?

A protective order is a legal document the court issues to protect you. It can order the abuser to stop contacting you, leave your home, and stay away from your children and pets.

You do not need a lawyer to file for a protective order. There is no cost to file.

Virginia has three types:

  • An Emergency Protective Order (EPO) lasts up to 72 hours. A magistrate can issue one at any hour of the day or night. You or a police officer may ask for it to protect you.
  • A Preliminary Protective Order (PPO) lasts up to 15 days.
  • Most Full or “Final” Protective Orders (PO) last up to two years. A judge decides this at a hearing.

You apply for each type of protective order separately. If you need to have your protective order extended or get one that lasts longer, you have to request that before the one you have expires.

You do not have to begin with an Emergency Protective Order, but Emergency Protective Orders are available anytime, 24 hours/day, 7 days/week. Go to the Magistrate to request an Emergency Protective Order, especially if it is outside of regular court hours.

Either way, you will have to request a Preliminary Protective Order from a judge before the hearing for the Full Protective Order.

Read more: What Are the Types of Protective Orders in Virginia?

How do you get a protective order?

You can start the process at any time, even in the middle of the night.

  • If it's outside of regular court hours, go to your local magistrate's office to request an Emergency Protective Order.
  • If it’s during normal court hours, go directly to court to request a Preliminary Protective Order and a Full Protective Order.

If you need longer protection than the 72 hours provided by the Emergency Protective Order, and if the person who hurt you is a family or household member, you can apply for a Preliminary Protective Order at the Court Services Unit of the Juvenile and Domestic Relations District Court.

If you don’t have a family or household member relationship to your abuser, request the Preliminary Protective Order from the General District Court Clerk’s office.

The judge will hear your request for a Preliminary Protective Order when you come to court to request it. Whether or not the judge gives you a Preliminary Protective Order, they should still schedule a hearing within 15 days. After the person who hurt you gets paperwork from the court, a judge will hear from you and the person who hurt you and decide whether to give you a Full Protective Order.

Read more: How to Get a Protective Order in Virginia

What can a protective order actually do?

A protective order can do more than many people realize. While the protective order is in effect, it can:

  • Order the abuser to stop contacting you or your family or household members
  • Order the abuser to leave your shared home, even if their name is on the lease or deed
  • Set temporary custody and parenting time for your children
  • Require the abuser to pay temporary child support
  • Prevent the abuser from shutting off utilities or tracking your location or your children's location
  • Protect family pets that may be in danger

Read more: What Can a Protective Order Do in Virginia?

What if I need to leave my home?

Leaving can be complicated, especially if you share a lease or mortgage, have children, or have property in the home. The court can help make it safer for you to leave. A judge can order the abuser to give you access to the home to collect your belongings, or give you temporary possession of a car you both own or other property.

If you rent and your name is on the lease and you need to end it, Virginia allows you to terminate early with 30 days' notice to your landlord once you have a protective order or the person who hurt you has been convicted of certain crimes.

Read more: Leaving Your Home Safely During Domestic Violence

What about my children?

If you are scared that your abuser will hurt your children or use them to manipulate you, you may want to take them with you when leaving. 

If you are thinking of leaving Virginia: If you believe that you or your children are in serious danger and a protective order is the right choice for you, try to get a protective order that allows you to leave Virginia with your children. If you take them out of Virginia without a court order, you can hurt your chances of being granted custody later.

A protective order can address temporary custody and parenting time while it is in effect. For longer-term arrangements, you will need to file for those separately with the Juvenile and Domestic Relations District Court.

These decisions are extremely difficult and depend on your unique situation. If you can, try to talk to a lawyer first.

Read more: Keeping Your Children Safe When Leaving an Abusive Situation

My situation is complicated. What can I do?

Some situations need extra help. Talk to a legal aid lawyer or advocate if:

  • You have immigration concerns
  • You are worried about your address being found
  • If your landlord is threatening to evict you because of the abuse
  • You think it would be more dangerous for you to leave or get a protective order

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