How to Get a Protective Order in Virginia

Protective Orders: Emergency, Preliminary, and Final

Protective orders are legal tools intended to provide immediate and ongoing safety to survivors of domestic violence. Understanding their types helps to navigate the filing process effectively.

Types of Protective Orders

• Emergency Protective Order (EPO): Issued quickly, usually by law enforcement or a judge, to provide immediate protection for a short period—often 72 hours—to prevent harm.
• Preliminary Protective Order (PPO): Granted after a brief court hearing. It offers temporary protection pending a full court hearing and can last weeks to months.
• Final Protective Order (FPO): Issued after a full hearing where evidence is presented. It provides longer-term protection, often up to a year or more, and may be extended.

Filing Basics

Filing for a protective order typically involves submitting an application or petition to the local court or courthouse. Most jurisdictions offer free forms and assistance. It is important to provide detailed information about the abuse or threat, including dates and incidents.

Service and Hearings

Once a protective order is requested, the respondent (the person the order is against) must be officially served with court documents. Service ensures they are notified of the proceedings and have an opportunity to respond. Hearings are scheduled to evaluate evidence and testimonies. Survivors can bring legal advocates for support during these hearings.

Common Protections Included

• No-contact orders preventing the respondent from contacting or approaching the survivor.
• Stay-away orders specifying physical distance from the survivor, home, workplace, or school.
• Temporary custody or visitation arrangements to protect children’s safety.
• Prohibition on firearm possession by the respondent.
• Exclusive use of shared residence or property granted to the survivor.

For detailed support navigating protective orders and related legal processes, visit dv.support.