Protective Orders in Virginia: What They Are and How to Get One
If you or your children are in immediate danger, call 911. The Virginia Sexual and Domestic Violence Hotline is also available any time, day or night: call 800-838-8238 or you can chat or text with someone.
You can get help leaving an abusive situation by calling the Hotline and asking to be connected with your local victim advocacy program. They might also be able to help you file a protective order. Local programs may have advocates who can go to court with you, support groups, and sometimes a shelter where you can stay temporarily to be safe.
If you are dealing with abuse, stalking, or threats, a protective order can help protect you. You do not need a lawyer to file and filing is free. Keep in mind: even if you have enough evidence to get a protective order, it may not be the right choice for you or your situation. That’s why you may want to contact the Virginia Sexual and Domestic Violence Hotline to be connected to an advocate who can help you decide what you want to do.
What can a protective order do?
A protective order is a legal document issued by a magistrate or judge. It has legal force. If the abuser violates certain parts of it, they can be arrested.
If a person is convicted of violating a protective order, the court must issue a new full protective order. There are also mandatory minimum jail sentences that increase with each additional violation.
A protective order can do many things. A judge may:
- Forbid the abuser from contacting you, your family members, or others in your household
- Order the abuser to leave your home, even if their name is on the lease or deed
- Set temporary custody and parenting time for your children
- Require the abuser to pay temporary child support while the order is in effect
- Prevent the abuser from shutting off utilities, including phone service
- Prevent the abuser from tracking your location or your children's location
- Beginning July 1, 2026: Order the abuser to help pay toward rent, the mortgage or other housing-related expenses
What if I need to leave or stay in the home?
If you want the abuser to leave
The court may order them out even if the home is in their name. But each case is different and depends on the dynamics between you and the person who is hurting you, the evidence, and the judge.
If you feel safer leaving
The court can help. If you need to go back for your belongings, you can ask the court to order that you have access to the home at a set time without the abuser being there. You may bring someone with you. You can also request a sheriff's deputy to go with you. Ask about this while you are in court.
If your name is on the lease and you want to end it
Virginia allows you to end the lease early if you follow certain rules.
If you moved out because of the abuse
You can ask the court to order the abuser to provide you with alternative housing.
If you need a car
If it is solely titled in your name, or jointly titled in both of your names, the judge may order temporary possession of it to you.
If you have pets
You may ask the judge to grant you possession of any pets in the home that you own or have cared for. Even if the abuser bought the pet, if you were the one who mainly cared for it, you may be able to keep the pet for at least the duration of the protective order.
Read more about leaving your home safely during domestic violence.
The three types of protective orders
Virginia has three types of protective orders. Each lasts a different amount of time.
Type 1: Emergency Protective Order (EPO)
An Emergency Protective Order, called an EPO, lasts up to 72 hours.
The EPO will show the exact date it expires. If you do not apply or miss your hearing, you will have no protective order in effect.
Type 2: Preliminary Protective Order (PPO)
A Preliminary Protective Order, called a PPO, lasts up to 15 days, or until a full protective order hearing is held. If you already have an EPO, apply for a PPO before your EPO expires. Otherwise, you can apply for a PPO directly from the court.
Type 3: Full Protective Order
A Full, or Final, Protective Order ordinarily lasts up to two years.
If your abuser opposes the protective order, they will have the chance to argue against it at the hearing. If the judge grants the order, you may later ask for it to be extended if you still have reason to fear the abuser and you file before the order expires.
Plan ahead. If your order is about to expire and you still need protection, you must ask the court for an extension and show why you still need it. Every court has different policies and practices. If you think you need to extend your protective order, check with your court about when you should file your motion to extend it.
How do I get a protective order?
Get an Emergency Protective Order, if you are in immediate danger and the court is closed.
If you are in immediate fear or have been subject to violence or stalking, go to your local magistrate's office and ask for an Emergency Protective Order (EPO). Magistrate's offices are open 24 hours a day, seven days a week. You do not need an appointment.
To find your local magistrate's office, visit the VA Courts website.
When you go, bring anything that supports your request. The magistrate needs enough evidence to find probable cause for all of the following:
- An act of violence, force, threat, or stalking happened.
- The situation is an emergency.
- You are the person who needs protection.
Useful evidence includes photos of injuries, threatening texts or messages, police reports, and witness information. Bring whatever you have. You do not need to have everything.
The EPO will show the date it expires.
Apply for a Preliminary Protective Order
Before your EPO expires, or, if you do not have an EPO, but want to take action to keep yourself safe, file for a Preliminary Protective Order. A PPO lasts up to 15 days, or until a full protective order hearing is held.
If you need to be protected from someone in your family or household, or a romantic partner: apply for this from the Court Services Unit of the Juvenile and Domestic Relations District Court.
If the person is not a member of your family or household, or a romantic partner: file in the General District Court.
I-CAN! Virginia is a free online program that can help you fill out your protective order form. It is available in both English and Spanish. You fill out the form online, and then, print it and bring it with you to court to file.
I-CAN! also provides a checklist of information you will need before you complete the form:
- Family Abuse Protective Order Information Checklist
- Lista de Informacion para I-CAN Orden de Protección (Español)
Note: A few courts will not accept the form created by this program and will ask you to fill out a form in person. Even so, having your printed version means you will have all the information you need in one place, which makes filling out a new form easier.
When you’re at court, the Court Services Unit will either put your paperwork in front of a judge or have you tell the judge directly why you need the PPO. At this hearing, you will need to explain why you need protection and show the judge any evidence you have of abuse or stalking, such as photos of injuries or text messages that are threatening or admit to acts of violence.
If the judge finds enough evidence from your testimony and your evidence that abuse exists, they will issue a PPO. The PPO will be in effect for up to 15 days. The PPO will include the date and time of your Full Protective Order hearing.
Whether or not you get the PPO, you will get a hearing date for the full protective order hearing. This hearing will take place within 15 days. During that time, the sheriff will try to serve the respondent (alleged abuser) with notice of the hearing date and the PPO if it's issued.
If you would like an advocate to come to court with you, find your local domestic violence program by contacting the Virginia Sexual and Domestic Violence Hotline: call 800-838-8238 or you can chat or text with someone.
Attend the hearing for the Full (Final) Protective Order
At the Full Protective Order hearing, you must show why you still need protection and ask for a Full Protective Order. Your abuser will also have the chance to tell their side of the story if they oppose the order.
Make sure you have all your evidence and witnesses ready for this hearing date. If a witness may be unwilling to attend or needs proof for an employer to take time off work, ask the clerk for a subpoena. A subpoena is a court order that requires the witness to appear. Request it when you file for the protective order or as soon as possible afterward.
If the judge grants a Full Protective Order, it will usually last up to two years. You may ask for an extension in the future if you still fear the abuser.
If the judge grants your request for a Full Protective Order, you may apply for a Hope Card. This is a wallet-sized card that summarizes what the court ordered. You can show it to police if the abuser violates the order. The police officer will check to see if the order is still in effect before taking any action against the abuser.
Can I appeal if my request is denied?
Yes. If your request is denied, you may appeal within 10 calendar days. The abuser also has 10 days to appeal a PPO or Full Protective Order after it is issued. If either side appeals, a new hearing will be held in the Circuit Court.
Other common questions
If you don’t understand English, or are deaf or hard of hearing, the court must provide an interpreter to help you complete the form. You should not have to bring your own interpreter, and a child should never be used as an interpreter in court.
Some courts might still ask you to bring your own interpreter or suggest using a child who is with you. If this happens, you can politely but firmly say: "I understand the court is required to provide an interpreter. I would like to request one." If no interpreter is available in person, ask for one by phone or use a translation app.
If you are not able to get an interpreter, you can report the issue:
- Report issues with foreign language services using the Interpretation Services Complaint Form. Send your complaint to flscoordinator@vacourts.gov. Unfortunately, the form is only available in English. If needed, you can fill it out with the help of an interpreter or someone you trust.
- Report issues with sign language services using the Interpreter for the Deaf Complaint Form. Send your complaint to ADACoordinator@vacourts.gov.
Yes. A protective order can be issued against anyone who has committed acts of violence, force, threats, or stalking. The person does not have to be a family or household member.
If the abuser is not considered a family or household member, you would go to General District Court instead of the Juvenile and Domestic Relations District Court. The process and what you need to prove are similar.
Yes. If the abuser is a minor, the case would be handled in Juvenile and Domestic Relations District Court, regardless of whether you have a family or household member relationship. The court may order the local department of social services to provide help to the minor and their family.
Yes. All states are required by the U.S. Constitution to honor protective orders issued by other states through a concept called “full faith and credit.”
You do not need to get a new order when you come to Virginia. Take a certified copy of your out-of-state order to the local police or sheriff's office so it can be registered in Virginia. Registration is optional. Virginia law enforcement can enforce a valid out-of-state protective order even if it has not been registered.
If you live near a state border and the abuser lives across the state line, make sure law enforcement on both sides have a copy of the order.
No. If your order includes a no-contact requirement, that means no contact at all, direct or indirect. Having another person reach out to you on their behalf is a violation of the order. The only exception is contact through a lawyer for legal matters you may have between you, such as a custody case.
No. A protective order is separate from a divorce or custody case. You would need to file those separately.
If you have children with the abuser and you are asking for temporary custody in your protective order, most judges will want to know at your hearing that you have already filed a custody and child support petition, or, at least, scheduled an appointment to do so.
Yes. If a full protective order is issued, the abuser cannot obtain, possess, transport, or use firearms. When the order is issued, the abuser must sign an affidavit stating what firearms they own and confirming they have transferred them. In some areas, the police department may store the firearms.
What happens after the protective order ends?
A protective order covers you while it is in effect. For longer-term arrangements, like ongoing child support, custody, or spousal support, you will need to file for changes to those separately with the Juvenile and Domestic Relations District Court.
Read more: Keeping Your Children Safe When Leaving an Abusive Situation
Do I need a lawyer?
You do not need a lawyer and there is no cost to file for a protective order. However, having a lawyer or advocate can help. Free and low-cost legal help is available:
- 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)