Can I Still Receive Spousal Support If I Have a Protective Order in Place?

Protective orders in Virginia are often requested during moments of real urgency, when safety and stability are at stake. Alongside those concerns, many spouses also wonder how a protective order might affect financial support. If you are separated or preparing for divorce, questions about spousal support can add another layer of stress.

This guide explains how Virginia courts handle protective orders and spousal support, and what those proceedings can mean for both petitioners and respondents. Randall, McClenney, Daniels & Dunn, PC provides clear, practical counsel in these situations so clients can move forward with confidence.

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What Is a Restraining or Protective Order in Virginia?

In Virginia, a protective order is a court order that directs the respondent not to contact the petitioner. Its purpose is to safeguard a family member, household member, or another individual from acts of family abuse, violence, stalking, or harassment. Depending on the circumstances, protective orders may be issued through the general district court, the juvenile and domestic relations district court, or the circuit court.

Types of Protective Orders

Virginia law provides for three types of protective orders:

• Emergency protective order (EPO): Authorized under Virginia Code § 16.1-253.4. It may be issued by a magistrate or law enforcement officer and remains in effect for up to 72 hours, or until the next day court is in session.
• Preliminary protective order (PPO): Authorized under Virginia Code § 16.1-253.1. It may be granted after a petition is filed and lasts up to 15 days, or until a full hearing is held.
• Permanent protective order (PO): Authorized under Virginia Code § 16.1-279.1. It may be issued after a final hearing and can last up to two years. In some cases, the court may extend it for an additional two years.

All protective orders are designed to address safety. They may restrict access to a residence, limit the use of vehicles or property, and prohibit certain forms of contact.

What Relief Can a Protective Order Provide?

Protective orders in Virginia may include relief such as:

• Temporary possession of the residence.
• Exclusive use of a vehicle, phone, or other property.
• Custody and visitation terms for children.
• Court-ordered treatment or counseling.
• No-contact provisions.

Spousal support is not part of protective order relief. Financial matters such as alimony are handled separately under Virginia Code § 20-107.1.

Who Can Request a Protective Order in Virginia?

Under Virginia Code § 16.1-253.1, a protective order may be requested by someone who has experienced family abuse, bodily injury, or an act of violence that causes fear of harm. Eligible petitioners include:

• Spouses and former spouses.
• Current or former cohabitants and household members.
• Family members, including those related by blood, marriage, or adoption.

A petition may be filed through the magistrate’s office, the clerk’s office, or the intake office of the appropriate district court.

Grounds for a Protective Order

A Virginia court may issue a protective order if there is evidence of:

• • Acts of family abuse.
  • Sexual assault or other sexual violence.
  • Threats of bodily injury.
  • Harassment, stalking, or repeated criminal offenses.

• Violations of an existing protective order.

Appealing a Protective Order in Virginia

Once a final protective order is issued, either party has 10 days to appeal from the juvenile and domestic relations district court to the circuit court. The appeal is filed with the district court clerk’s office. At the circuit court level, the case is heard anew, and both sides may present evidence and testimony.

Because appeals involve strict deadlines and require careful preparation, guidance from an attorney can be critical. The family law team at Randall, McClenney, Daniels & Dunn helps clients evaluate whether an appeal is appropriate and builds a strategy for presenting the strongest possible case in circuit court.

How Spousal Support Is Decided in Virginia

Spousal support in Virginia is governed by Virginia Code § 20-107.1. A court may award support when one spouse demonstrates financial need and the other has the ability to pay. Judges consider several statutory factors, including:

• The length of the marriage
• The standard of living during the marriage
• Monetary and non-monetary contributions of each spouse
• The age, health, and physical condition of the parties
• Property interests and financial resources

Protective orders do not remove the right to request support. However, the circumstances that led to the order, such as abuse or threats, may influence how the court weighs these statutory factors. For example, if abuse affected one spouse’s ability to work or maintain financial independence, that evidence may strengthen a request for support.

Randall, McClenney, Daniels & Dunn, PC works with clients to present both the financial picture and the underlying conduct so that the court has a complete view when ruling on support.

The Role of Fault in Spousal Support Decisions

Virginia courts may consider marital misconduct when deciding spousal support under Virginia law. Relevant conduct includes cruelty, desertion, and adultery.

• Adultery: Under § 20-107.1(B), adultery is a statutory bar to support unless denying it would create a manifest injustice.
• Cruelty or abuse: Acts of cruelty or abuse, often reflected in a protective order, are not an automatic bar. Instead, they are weighed as part of the statutory factors under § 20-107.1(E).

For spouses with a protective order in place, these findings can heavily influence the court’s analysis. Abuse that contributes to the breakdown of the marriage or affects financial independence may be a deciding factor in whether support is awarded.

Randall, McClenney, Daniels & Dunn helps clients address both the financial and factual elements of these cases, particularly where protective orders bring fault-based issues to the forefront.

The Impact of Abuse Findings on Spousal Support in Virginia

If a protective order contains findings of domestic violence or sexual assault, those facts may be weighed under Virginia law. Abuse can affect many of the statutory factors the court considers, including:

• A spouse’s ability to maintain employment or financial independence.
• Long-term earning capacity if the abuse caused physical or emotional harm.
• The overall circumstances that contributed to the end of the marriage.

In these cases, the existence of a protective order does not automatically decide support, but it often plays a significant role in how the court applies the law.

How Protective Orders Can Affect Your Spousal Support Case

Protective orders and spousal support are governed by different statutes, but they often overlap in practice. A protective order focuses on safety and restrictions, while Virginia Code § 20-107.1 directs how spousal support is evaluated. When both issues arise in the same case, courts review financial needs alongside the conduct that led to the order.

• For the protected party: A spouse who has obtained a protective order may still qualify for support if statutory factors are met. Courts often consider how abuse has affected the spouse’s health, employment, or ability to earn income.
• For the restrained party: A spouse subject to a protective order may face limited eligibility. Under Virginia Code § 20-107.1(E), misconduct such as cruelty, violence, or intimidation can weigh heavily against an award of support.
• Confidentiality and safety: Virginia law allows certain identifying information to be withheld from support orders to protect the petitioner. In cases where both parties allege abuse, the court may weigh each spouse’s actions and decide whether awarding support is equitable.

Why Clients Choose Randall, McClenney, Daniels & Dunn, PC

Randall, McClenney, Daniels & Dunn, PC, represents clients in cases involving protective orders, family abuse allegations, and spousal support disputes. Our law firm approaches these matters with careful preparation and a clear strategy, always grounded in Virginia law. By addressing both safety concerns and financial issues, the team works to protect clients’ rights and provide stability during challenging times.

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Frequently Asked Questions

Can a Protective Order Change Custody or Financial Responsibilities?

Yes. Courts prioritize safety, and protective orders can limit contact, require supervised visitation, or grant temporary custody. These changes often alter financial needs and child-care responsibilities, which the court may consider when evaluating spousal support.

Can I Modify Spousal Support if Circumstances Change After a Protective Order?

Yes. Either spouse may request a modification of spousal support if there is a material change in circumstances, such as a change in income, employment, or custody arrangements. When a protective order is in place, the court may also consider how ongoing safety concerns affect financial needs. It is important to file a proper motion with the court, since informal agreements between spouses do not alter existing court orders.

How Long Does a Protective Order Last?

A final protective order issued after a hearing may last up to two years under Virginia Code § 16.1-279.1. If needed, the petitioner may request an extension before it expires. The court can also end the order earlier if circumstances change.

Discuss Your Spousal Support Case With Our Virginia Lawyers

Protective orders and spousal support cases are complex, with safety and financial stability often at stake. Whether you are seeking support or responding to a protective order, timely legal guidance can make a significant difference in the outcome.

Randall, McClenney, Daniels & Dunn, PC, provides clear, focused representation in these matters. Our team helps clients prepare for hearings, present evidence, and navigate the intersection of protective orders and spousal support under Virginia law.

Call 757-742-6115 or contact us through our online form to schedule a confidential consultation.