Protective Orders In Virginia

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Protective Orders in Virginia

What is a Protective Order?

It is a court order issued by a magistrate or judge to guarantee an abused person’s health and safety, as well as the health and safety of his or her family or household members. The individual who requests for a protective order is referred to as the “petitioner,” and the person against whom the protective order is filed is referred to as the “respondent.”

How can I obtain a Protective Order in Virginia?

It is situational. Where you can seek a protective order is determined by what kind of relationship you have (or previously had) with the person who is harming or threatening you. If that person is a relative or household member (as specified on the following page), you may seek a protective order against family abuse through your local Juvenile and Domestic Relations District Court intake office. You may also petition the Juvenile and Domestic Relations District Court for a protective order if either the petitioner (one seeking the protective order) or the respondent (individual committing acts of violence or threatening behavior) is under the age of 18. Additional information can be obtained through the intake office staff.

All other applications for protection orders that do not fall under the category of family or household member (including, but not limited to, dating or same-sex partners who do not live together) are made in the General District Court. If you live in any of the counties listed in the state of Virginia and want additional information, it’s available by contacting David A.C. Long’s attorneys for a consultation that can answer any questions you may have.

Protective Orders are classified into three categories.

1. Emergency Protective Orders (EPO)

An officer of the law or the victim of abuse may petition for (request) an EPO. This order is most likely to be obtained by a law enforcement officer following an arrest or if the officer determines that future acts of family abuse, violence, force, or threat are expected. A magistrate or a judge may issue an EPO. Even if no arrest has been made, the victim of abuse may petition for an EPO at the magistrate’s office. An EPO is valid for 72 hours or until the next court session, whichever occurs later. The order specifies the day and hour of the EPO’s expiration.

To ensure your health and safety, an EPO may impose the following conditions on the respondent (abuser) in all cases:

  • Prohibiting the offender from having any contact with the victim, the victim’s relatives, or household members;
  • Prohibiting acts of violence, force, or threat, as well as criminal actions that result in bodily harm or property damage;
  • Possession of a companion animal if the petitioner satisfies the definition of an owner (see Virginia Code 3.2-6500);
  • Other conditions as determined essential by the judge or magistrate to protect you and your family/household members.

Additionally, in circumstances of family abuse, an EPO can:

Allow family/household members to take temporary possession of the residence.

2. Protective Orders in the Preliminary Stage (PPO)

A PPO may be issued only by a judge. You must get a PPO shortly upon becoming a victim of family abuse or other acts of violence, force, or threat. A judge will determine whether to grant the PPO based on your sworn statement. You are not required to have an EPO in order to obtain a PPO, and the respondent (abuser) is not required to attend the hearing. If a PPO is approved, it will remain in effect for 15 days, or until the final hearing on the Protective Order. The judge will notify you of the final hearing date, which will be placed on the PPO.

To safeguard your health and safety, a PPO may impose the following conditions on the respondent (abuser) in all cases:

  • Prohibiting the offender from having any contact with the victim, the victim’s relatives, or household members;
  • Prohibiting acts of violence, force, or threat, as well as criminal actions that result in bodily harm or property damage;
  • Possession of a companion animal if the petitioner satisfies the definition of an owner (see Virginia Code 3.2-6500);
  • Other requirements deemed necessary by the judge to protect you and your family/household members.

Additionally, in instances of family abuse, a PPO can:

  • Allow family/household members to take temporary possession of the residence.
  • Require the respondent to maintain household utility services, or, if necessary, require the respondent to restore such services.
  • Temporarily transfer ownership of a jointly owned vehicle.
  • Obtain from the respondent suitable alternative housing for the family/household members.
  • Require any more relief necessary to safeguard the victim and the victim’s family/household members

 

3. Protective Order “Permanent” (PO)

A judge may issue a PO for a period of up to two years. To receive this PO, you must appear at the final Protective Order hearing, which will take place simultaneously with your PPO hearing. The court will serve a subpoena on the respondent (abuser) requiring him or her to appear at the PO hearing. Both you and the respondent will be questioned about what occurred. This PO may also be extended for an additional two years if the petitioner seeks it and the judge determines that more protection is necessary. A judge may give an unlimited number of protection order extensions.

To safeguard your health and safety, a PO may impose all of the conditions mentioned in the PPO section on the respondent (abuser) for up to two years at a time.

Additionally, in instances of family abuse, a PO may:

  • Require respondents to attend treatment, counseling, or other court-ordered services.
  • Provide for a minor child’s temporary custody or visitation.

Additional Frequently Asked Questions About the Process of Obtaining a Protective Order in Virginia

1. What is the cost of filing for a protective order?

There is no fee for petitioning for a protective order, filing copies of the order, or serving the order on the individual who is the subject of the order.

2. Do I seek the services of an attorney?

Yes. A protection order does not require the assistance of an attorney. Additionally, you do not need a counsel to dispute a protective order filed against you. Having said that, engaging an attorney can generally be extremely beneficial when dealing with significant legal concerns, so if you’re interested in finding out if David A.C. Long can help you with your case, contact us. Domestic abuse victims can get protective orders through local Legal Aid offices and the court services units of Juvenile and Domestic Relations District Courts. The Central Virginia Legal Aid Society can be contacted for additional information, assistance, and referrals via their website (cvlas.org) or by calling 1-800-868-1012.

3. Is a protective order a criminal charge?

No. A protection order is a civil order, not a criminal charge. However, after a protection order has been granted (EPO, PPO, or PO), violating its terms is a crime. In Virginia, judges and prosecutors treat this type of criminal offense quite severely. A conviction for breaking the terms of a protective order automatically results in a period of active detention.

To learn more about protective orders, see the Virginia Court System’s District Court Protective Order Information Sheet or the Virginia Department of Criminal Justice Services’ Guide for Victims to Virginia Protective Orders.