You might want to apply for one if you have been the victim of violence, force, threats, or stalking.
Learn more about what types of protective orders you can get at Step 1 of the guide.
Step 2
If you want to apply for a Protective Order, go to your local court in Virginia to start the process.
If courts are closed and you need immediate help, you will need to call the police to request an Emergency Protective Order.
Learn more about finding the right court or getting emergency help at Step 2 of our guide.
Step 3
You may also want to make a plan to keep yourself safe. Connect with a domestic and sexual violence advocate to get help with this.
Call the 24-hour Hotline at 1-800-838-8238 (toll free), or text an advocate at 804-793-9999. Learn more at Step 3 of our guide.
Step 4
When you're at court, you can ask for a preliminary order. It will last for 14 days -- until you have a court date for the full Protective Order.
Learn more about getting a preliminary order at Step 4 of our guide.
Step 5
You can get free legal advice or representation for your protective order case.
Call your local Virginia legal aid at 1-866-LEGLAID to request help. See Step 5 of our guide for more info.
Step 6
The court will tell you when the hearing for your protective order will be. This is when the 'respondent' (the abuser) may come and tell their side of the story. You can present your evidence, witnesses, and other information.
Learn more about the hearing at Step 6 of our guide.
Step 7
After the hearing, the judge may give you a Protective Order. If they do, the other person should obey it.
If they violate the order, you can call the police and who the order. The other person may face jail or fines. Learn more about your options at Step 7 of our guide.
You can ask the court to get a Protective Order if you are or were the victim of an act of violence, force, or threat (which includes stalking).
There are 3 types of protective orders in Virginia:
If you would like legal advice on whether to seek a protective order, you can call your local legal aid at 1-866-LEGLAID.
To talk to a domestic and sexual violence advocate, you can call the Family Violence and Sexual Assault 24-hour hotline at 1-800-838-8238 (toll-free). Or text an advocate at 804-793-9999.
You can go to court to start the Protective Order process.
If you need a Protective Order immediately, and the courts are closed, you will need to call the police. The police can request an Emergency Protective Order, or you can go to your local magistrate and request an Emergency Protective Order. This emergency order will last 3 days and allow you to have the time to access the courts when they are open.
When the courts are open, you can go to your local court to request a Protective Order. You will need to figure out which kind of court to go to. This will depend on whether you have a relationship with the abuser. You would go to either:
Find your local court's location at the Virginia court website: https://www.vacourts.gov/courts/home.html. Choose the J&DR court or Circuit court in your county.
You will need to fill out a Petition for a protective order. If you would like to fill out the forms before going to court, you can use the I-CAN! Virginia online program. It is available in English and Spanish. If you need an interpreter, let the clerk know when you submit your documents. If you would like to keep your address confidential, tell the clerk when you file your petition.
At many courthouses, when you file a petition for a protection order you will also get referrals for domestic and sexual violence advocates.
They can help you with creating a plan to stay safe from your abuser and can provide you with some resources that may help you.
To talk to a domestic and sexual violence advocate, you can call the Family Violence and Sexual Assault 24-hour Hotline at 1-800-838-8238 (toll free), or text an advocate at 804-793-9999.
When you file your petition for a protective order, you can ask the court for a preliminary protective order, which would last 14 days, and until the next court date.
In some courts, you may see a Judge and the Judge might ask you questions about why you are asking for a protective order.
In other courts, you may be asked to fill out a paper stating why you are asking for a protective order.
The court can give you a preliminary protective order if you have been subjected to family abuse, which is an act of violence, force or threat, within a reasonable period of time, in order to protect your health and safety or the health and safety of your family and household members.
If you would like legal advice or representation for your case protective order, you can call your local Virginia legal aid at 1-866-LEGLAID.
You should try to call an attorney as soon as possible because there is not much time between when you file your petition and your court date.
Your protective order hearing will be scheduled 14 days after you give your petition to the clerk.
At the hearing, you are considered the “Petitioner” and the abuser is considered the “Respondent.”
When you come to court, you should bring:
If the Respondent (the abuser) has not received a copy of the petition for a protective order from law enforcement, the Judge will set a new court date to give law enforcement more time to “serve” the abuser. In this situation, the Judge will continue the Preliminary Protective Order until the new date.
If the Respondent (the abuser) is present and wants a trial, each person will have the opportunity to tell the Judge what happened. You should tell the Judge if you have any evidence or witnesses.
The Judge will grant a Protective Order if it is proved by a preponderance of the evidence, meaning you have more evidence than the Respondent, that the Respondent committed an act of violence, force, or threat, and that a protective order is necessary to protect your health and safety.
The judge will let you know if you will be given a Protective Order and how long it will be for.
If the other person does not obey the Protective Order, call the police and show them a copy of the Protective Order.
A violation of a protective order is a crime. The police can arrest the other person. The other person may go to jail or pay a fine.
You should keep a certified copy of the Protective Order in a safe place. You should also carry a copy of the Protective Order at all times and have a picture of it on your phone.
You should consider providing a certified copy of the Protective Order to your employer, your child, or children’s schools or daycares.