Divorce is emotionally painful, but it should never be physically dangerous. If you are experiencing threats, harassment, or violence from your spouse or partner, your immediate priority is to ensure your safety and the safety of your children. The legal system provides a powerful tool to help you do this: a protective order.
A protective order is not just a piece of paper; it’s a legally enforceable court order that can require your abuser to stay away from you, stop contacting you, and even leave your home. Understanding how protective orders work in Virginia is the first step toward breaking the cycle of abuse and reclaiming your safety.
What Is a Protective Order and What Can It Do?
A protective order is a civil order issued by a judge to protect the health and safety of a person who is a victim of family abuse. According to the Fairfax County Juvenile and Domestic Relations District Court, a protective order can provide a wide range of protections. It can order the abuser to stop all contact with you and your family, grant you temporary possession of your home, and even require the abuser to surrender any firearms they may have.
It is a critical tool for creating a safe space for you to begin to heal and plan your next steps.
The Three Types of Protective Orders in Virginia
Virginia has a three-tiered system of protective orders, designed to provide both immediate and long-term protection. Here’s how they work.
| Type of Order | How It’s Obtained | How Long It Lasts |
|---|---|---|
| Emergency Protective Order (EPO) | Issued by a magistrate or police officer when there is an immediate danger of family abuse. It can be obtained 24/7. | Lasts for 72 hours or until the next court business day, whichever is later. It is designed to provide immediate, short-term protection. |
| Preliminary Protective Order (PPO) | Issued by a judge after you file a petition with the court. A hearing is held where you present evidence of the abuse. | Lasts for up to 15 days, until a full hearing for a permanent protective order can be held. |
| Permanent Protective Order | Issued by a judge after a full hearing where both you and your abuser have the opportunity to present evidence and testimony. | Can last for up to two years and can be extended. |
Three Steps to Take if You Need a Protective Order
If you are in fear for your safety, it’s crucial to take action. Here are three steps you can take to get the protection you need.
1. Document Everything.
Keep a detailed record of all incidents of abuse, including dates, times, locations, and what happened. Save threatening text messages, emails, and voicemails. Take pictures of any injuries. This documentation will be critical evidence when you go to court to request a protective order.
2. Seek Immediate Help if You Are in Danger.
If you are in immediate danger, call 911. The police can help you get an Emergency Protective Order and connect you with local domestic violence resources. Your safety is the most important thing. Do not hesitate to reach out for help.
3. Consult with an Experienced Attorney.
Navigating the court system can be intimidating, especially when you are dealing with the trauma of abuse. An experienced family law attorney can help you file the necessary paperwork, gather evidence, and represent you in court. They can be your advocate and your voice, ensuring that your case is presented effectively and that you get the protection you need.
Our compassionate legal team is experienced in handling these sensitive matters and can guide you through the process with care and strength. For more information, visit our protective orders page.
You Have the Right to Be Safe
No one should have to live in fear. If you are a victim of family abuse, know that you have rights, and there is help available. A protective order can be a powerful first step toward a safer future for you and your children. You don’t have to go through this alone.
If you need help obtaining a protective order in Virginia, we are here to support you. Contact us or call our Fairfax Divorce Lawyer Now at 703-223-5295 to schedule a confidential consultation.
Frequently Asked Questions (Q&A)
Q: What constitutes “family abuse” in Virginia?
A: Under Virginia Code § 16.1-228, family abuse is defined as any act of violence, force, or threat that results in bodily injury or places a person in reasonable fear of serious bodily injury. It can include physical, sexual, and emotional abuse.
Q: What happens if my abuser violates the protective order?
A: Violating a protective order is a criminal offense. If your abuser violates the order, call the police immediately. They can be arrested and charged with a Class 1 misdemeanor, which carries penalties of up to a year in jail and a fine of up to $2,500.
Q: Can a protective order affect my divorce case?
A: Yes. A finding of family abuse can impact decisions about child custody and visitation. The court’s primary concern is the best interests of the child, and a history of abuse is a significant factor in that determination. For more information, visit our homepage or check our FAQ page.