What is Considered Domestic Violence in Virginia?

If you want to ask a court for protection against someone who is hurting you, read about protective orders.

What counts as domestic violence?

Virginia uses the phrase, "act of violence, force, or threat" for domestic violence. If someone uses violence, force, or threats that cause injury or make you reasonably afraid of being hurt, this counts as domestic violence.

Family abuse is when an act of violence, force, or threat is committed by a family or household member.

Who counts as a family or household member? 

Virginia defines family or household members broadly. The following people qualify regardless of whether they currently live with you:

• A current or former spouse
• A child or stepchild
• A parent or stepparent
• A sibling or half-sibling
• A grandparent or grandchild
• Someone you have a child with, even if you were never married or never lived together
• Someone who has legal custody of a child in the home

These people qualify only if they live in the same home now, or did recently:

• An in-law, such as a mother-in-law, father-in-law, or sibling-in-law
• Someone you are in a romantic relationship with now, or in the past 12 months
• A child of someone you are in a current or former relationship with, if that child lives in the home

What if the abuser is not on this list? 

If the person who hurt you is not considered a family or household member, like a stranger, neighbor, or coworker, you may still be able to get a protective order. You would go to the General District Court instead.

The process works the same way. The standards for violence, force, threats, and stalking are the same. The main differences are the type of relationship involved and some of the specific protections available.

To learn more about how to get protection from the court from someone who is hurting you, read about protective orders.

What can I do if someone is hurting me? 

If the person who hurt or threatened you fits any of the descriptions above, you may be able to file for a protective order. You do not need a lawyer. There is no cost to file. Read more: How to Get a Protective Order in Virginia

If you need to leave your home to escape the abuser, the court can help make it safer. Read more: Leaving Your Home Safely During Domestic Violence

If you have children and you don’t already have a court order allowing you to take them out of Virginia, read more: Keeping Your Children Safe When Leaving an Abusive Situation

Find legal help

• Find your local legal aid office to see if you qualify for free help: Visit virginialawhelp.org/get-legal-help or call 866-534-5243
• Ask a lawyer a question for free online: virginia.freelegalanswers.org
• Get a low-cost lawyer consultation: vsb.org/Site/legal-help/vlrs
• Call the Virginia Sexual and Domestic Violence Hotline: 800-838-8238 (text: 804-793-9999)