In Virginia, what most people call a restraining order is officially known as a protective order. You can request one for free, often the same day, by going to a courthouse during business hours or to a magistrate at any time, including nights and weekends. Which court you use depends on your relationship with the person you need protection from, and the order itself moves through three stages: an emergency order lasting a few days, a preliminary order lasting up to 15 days, and a final order that can last up to two years or, in some cases, longer.
Which Court You File In
Your first decision is which type of protective order fits your situation, because it sends you to a different courthouse.
If the person you need protection from is a family or household member, you file for a family abuse protective order in the Juvenile and Domestic Relations District Court. Virginia defines “family or household member” broadly: current or former spouses, parents, stepparents, children, stepchildren, siblings, half-siblings, grandparents, and grandchildren count regardless of whether you live together. In-laws count only if they live in the same home. The definition also covers anyone you share a child with, even if you never married or lived together, and anyone you have lived with as a couple within the past 12 months.1Virginia Code Commission. Virginia Code 16.1-228 – Definitions
If the person threatening you is a neighbor, coworker, acquaintance, or stranger, you file for a non-family abuse protective order in the General District Court.2Virginia Judicial System Court Self-Help. Protective Orders The protections available are similar, though the specific conditions a judge can impose differ slightly between the two types.
The Three Stages of a Protective Order
Emergency Protective Order
An emergency protective order gives you immediate protection, usually when law enforcement responds to an incident or when you go directly to a magistrate’s office. Either an officer or you can request one by swearing under oath that you are being subjected to violence, force, or threats.3Virginia Code Commission. Virginia Code 19.2-152.8 – Emergency Protective Orders Authorized A judge or magistrate can issue it at any hour.
The order expires at 11:59 p.m. on the third day after it is issued. If that day falls on a day the court is closed, it automatically extends until the end of the next business day.3Virginia Code Commission. Virginia Code 19.2-152.8 – Emergency Protective Orders Authorized That short window is meant to give you time to file for a longer-lasting preliminary order.
Preliminary Protective Order
You request a preliminary protective order by filing a petition with the court clerk. A judge reviews it ex parte, meaning the other person is not there. If the judge finds reasonable grounds to be concerned for your safety, the preliminary order is issued and a full hearing is set within 15 days.4Virginia Code Commission. Virginia Code 19.2-152.9 – Preliminary Protective Orders
The order is not enforceable against the respondent until the sheriff’s office serves them with it. Once served, the order is entered into the Virginia Criminal Information Network so any officer in the state can confirm it is active.3Virginia Code Commission. Virginia Code 19.2-152.8 – Emergency Protective Orders Authorized
Final Protective Order
At the final hearing, both sides can call witnesses, present evidence, and testify under oath. If the respondent was properly served but does not show up, the judge can still issue the order.
A final protective order can last up to two years.5Virginia Code Commission. Virginia Code 19.2-152.10 – Protective Order For family abuse orders, if the respondent has been subject to a previous protective order within the past 10 years, the new order can run up to four years.6Virginia Code Commission. Virginia Code 16.1-279.1 – Protective Order in Cases of Family Abuse When a protective order follows a conviction for an act of violence, a judge can issue it for any reasonable period, including the respondent’s lifetime.7Virginia Code Commission. Virginia Code 19.2-152.10 – Protective Order
How to File
Filing costs nothing. Virginia law specifically prohibits charging victims any fees for filing, issuing, registering, or serving a protective order, including subpoenas for witnesses.8Virginia Code Commission. Virginia Code 17.1-272 – Process and Service Fees Generally
You can prepare your petition online through the court system’s free I-CAN! program, which walks you through the required forms.9Virginia Court System. Assistance With Protective Orders Paper forms are available at any clerk’s office. If you need protection outside of business hours, go directly to a magistrate.
The petition asks for detailed information about both you and the respondent: full legal names, addresses, and a physical description of the respondent including height, weight, and identifying features like tattoos or scars. You also need to list where the respondent works or can otherwise be found, because the sheriff has to serve them. If children or other household members are also at risk, list their names and dates of birth.
The most important part of the petition is your written statement describing what happened. Include specific dates, times, and locations. Mention any weapons involved and any injuries you suffered. The more specific and factual the statement, the easier it is for a judge to act on it. Incomplete forms get returned for corrections, which delays protection you may urgently need.
What the Order Can Require
Judges have broad authority to tailor conditions to your situation. Common provisions include:
- No contact of any kind, including by phone, text, email, social media, or through a third party.
- A stay-away order requiring the respondent to keep a set distance from your home, workplace, or school.
- Exclusive possession of a shared residence in family abuse cases, regardless of whose name is on the lease or deed.
- Possession of a companion animal, if you meet the legal definition of the animal’s owner.5Virginia Code Commission. Virginia Code 19.2-152.10 – Protective Order
- Court-ordered counseling or domestic violence treatment for the respondent.
Non-family abuse orders can prohibit violence or threats, prohibit contact, grant companion animal possession, and include any other relief necessary to prevent further harm.5Virginia Code Commission. Virginia Code 19.2-152.10 – Protective Order Family abuse orders add options like exclusive possession of a shared home and mandatory treatment programs.
Firearm Restrictions
Anyone subject to a protective order cannot purchase, transport, or possess a firearm for the entire duration of the order. After being served with a final protective order, the respondent must transfer all firearms to a local law enforcement agency, a licensed dealer, or another person who can legally possess them, and must file a certification form with the court clerk within 48 hours confirming they did so.10Virginia Court System. Protective Order Firearm Certification The respondent should call the local law enforcement agency ahead of time about the transfer procedure rather than arriving unannounced with weapons.
If the Order Is Violated
A first violation of any protective order provision is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500.11Virginia Code Commission. Virginia Code 18.2-60.4 – Violation of Protective Orders; Penalty12Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor
Certain violations escalate to a Class 6 felony:
- A third or subsequent conviction within 20 years, where at least one offense involved violence or a threat of violence, which carries a mandatory minimum of six months in prison.
- Knowingly violating the order while carrying a firearm or other deadly weapon.
- Committing assault and battery against a protected person that results in bodily injury.
- Stalking a protected person in violation of the order.
- Entering a protected person’s home while they are present, or entering and waiting for them to arrive.
These felony provisions all appear in the same statute and can be charged on top of any other applicable criminal charges.11Virginia Code Commission. Virginia Code 18.2-60.4 – Violation of Protective Orders; Penalty Family abuse protective order violations carry parallel penalties under a separate statute.13Virginia Code Commission. Virginia Code 16.1-253.2 – Violation of Provisions of Protective Orders; Penalties
If a violation happens, call 911 immediately and tell the dispatcher you have a protective order. If the contact was in person, note what the respondent was wearing, their vehicle, the license plate, and which direction they went. If the contact came by phone, record the time, the caller ID number if available, and what was said. Save text messages and emails to show police and the court, but do not respond to them.
If police do not arrest the respondent at the scene, you can go to the magistrate’s office with a copy of your order and request a warrant for a criminal violation. Not every violation is criminal. If the respondent skips court-ordered counseling, for example, that is enforced through a show cause motion filed with the court rather than through criminal charges.
Extending, Changing, or Appealing the Order
Before your order expires, you can file a written motion asking the court for a hearing to extend it. The court can extend the order for up to two more years, with no cap on the number of extensions you can request.7Virginia Code Commission. Virginia Code 19.2-152.10 – Protective Order While the extension hearing is pending, the court can issue a temporary ex parte order to keep protections in place, with a hearing to follow within 15 days. File before the current order lapses. If you wait too long, you have to start the whole process over.
Either party can also ask the court to dissolve or change the terms of a protective order. You file a motion with the court that issued the order and appear at a hearing to explain the request. Any change is forwarded to law enforcement to update the Virginia Criminal Information Network.5Virginia Code Commission. Virginia Code 19.2-152.10 – Protective Order
Either party can appeal a final protective order to the circuit court within 10 days of entry. The appeal is heard de novo, meaning the circuit court conducts a completely new hearing rather than reviewing the lower court’s decision. Protective order appeals get priority on the circuit court’s civil docket.14Virginia Code Commission. Virginia Code Title 16.1 Chapter 11 Article 11 – Jurisdiction of Appeals; Procedure The notice of appeal must be on a form prescribed by the Office of the Executive Secretary.
Keeping Your Address Private
Filing for a protective order does not require you to publish your home address. For family abuse cases, Virginia law prohibits the court, the clerk’s office, the Commonwealth’s Attorney, and law enforcement from disclosing your residential address, phone number, or workplace to anyone outside those agencies, except when required by law, needed for law enforcement purposes, or permitted by the court for good cause.15Virginia Code Commission. Virginia Code 16.1-253.1 – Preliminary Protective Orders in Cases of Family Abuse
Virginia also runs an Address Confidentiality Program through the Attorney General’s office for victims of domestic violence, stalking, sexual violence, or child abduction. Once you enroll, the Attorney General’s office provides a substitute address you can use on state and local government records. Mail sent to that address is forwarded to your actual location, which is kept known only to Attorney General’s staff and law enforcement.16Virginia Code Commission. Virginia Code 2.2-515.2 – Address Confidentiality Program Established To apply, you submit a sworn statement to the Attorney General’s office declaring that you are a victim and that you fear further violence or intimidation.