A protective order is a court-issued legal shield that keeps your abuser away from you — no contact, no showing up, no exceptions. Virginia offers different types depending on whether your abuser is a family or household member, or someone outside that circle. And you don’t have to wait for things to escalate: if you’ve experienced violence, force, or threats that caused injury — or left you in fear of injury, assault, or violence — you likely qualify.
When it comes to protective orders involving family or household members, there are three main types of protective orders:
Emergency Protective Order (EPO). An EPO is typically requested by a law enforcement officer following an arrest for domestic violence or if the officer finds that there is a danger of further acts of violence, force or threat. A magistrate grants the order, and it can last up to 72 hours. This time frame in intended to provide the victim with a window of time within which to seek a Preliminary Protective Order.
Preliminary Protective Order (PPO). A PPO is requested by the victim or, if the victim is a minor, an adult on behalf of the minor. If the judge grants the order, it lasts 15 days or until a full hearing can be scheduled.
Permanent Protective Order (PO). A PO follows a PPO and can only be granted following a full hearing where both parties can present evidence. If granted, a PO can last up to 2 years before it must be reheard by the court to be extended for an additional 2 years. There is no limit of how many times it can be extended by the court.
These types of protective orders are filed in the Juvenile and Domestic Relations District Court (JDR) in the county where you live or where the abuser lives. If you are looking to request a protective order yourself or your minor child, you’ll need to take the following steps:
Apply for a Preliminary Protective Order. Call the Clerk of the Juvenile and Domestic Relations District Court in the county in which you or your abusive lives to request an application for a family abuse protective order. Some courts also have information on their websites. There is no cost to apply for a PPO. You will need: your name and identification, the name and address of the abuser, and a full description of the event(s) that led you seek a PPO.
It is also helpful to have as much identifying and contact information as possible about the abuser, including nicknames and aliases, date of birth, phone number, work address, and other information such as age, height, weight, hair color, eye color and other distinguishing marks. Further, if you have any evidence of the events that happened, including photos, police reports, medical reports and videos, that is very helpful in starting the process.
After you submit the application, a judge will review your petition. They might ask you additional questions before granting or denying your PPO. If the PPO is granted, the judge will set a court date for a hearing for a Permanent Protective Order. This court date will be within 15 days of the entry of the PPO.
You can find additional information for filing a PPO at https://www.courts.state.va.us/courtadmin/aoc/djs/programs/afapo/home.
Serving the Abuser with the Order. After the PPO is granted, the court will send a copy to the Sheriff’s Department so they can serve the abuser with the order. The terms of the PPO will start to apply to the abuser once he/she has been served.
Attend the Hearing for the PO. On the day of the hearing, the Court gives both parties an opportunity to present evidence and be heard as to the events that caused the Preliminary Protective Order to be put in place. For this hearing, it can be helpful to have an attorney represent you as the hearing can move quickly, and it gives you your best shot at having the order granted. Following the hearing, the judge will either grant or deny the PO. If it is granted, it can last up to two years.
Any of these types of protective orders cannot guarantee your safety, but it does provide a safety mechanism if the abuser contacts you again. You can call law enforcement, and they can arrest the abuser for violating the terms of the protective order and can even face criminal charges.
Escaping an abusive situation is difficult for anyone. To make a safety plan, call: Virginia Family Violence and Sexual Assault Hotline 1-800-838-8238 or text an advocate at (804) 793-9999. You can also log onto https://vadata.org/chat/ (computer works best) to chat.
