How to Get a Restraining Order in Virginia

Data demonstrates that 33.6% of women and 28.6% of men in Virginia will experience physical violence, rape, or stalking by an intimate partner at some point during their lifetime, as noted by the National Coalition Against Domestic Violence. Many people who suffer this abuse and do not seek immediate help suffer ongoing, long-term from ongoing abuse, increasing violence, and deep emotional scars.

A protective order may be just what you need for safety and peace of mind.

Take the first step toward safety by scheduling a consultation with Randall, McClenney, Daniels & Dunn, PC, where your well-being is our priority.

“Gave great guidance, was quick to respond to all my questions and made everything run smoothly as possible. Hopefully I’m never in a situation that I need legal service again but if I were they would be my first choice.” – Vince K.

What are Protective Orders in Virginia?

Protective orders are court orders restricting the contact between two or more people. There are several types of protective orders, each accomplishing different goals.

1. Emergency Protective Orders (EPO)

Emergency Protective Orders – EPOs are temporary measures issued by law enforcement or a judge. They provide immediate protection for a person under threat of immediate harm. These orders remain in place for only 72 hours.

2. Preliminary Protective Orders (PPO)

A PPO provides temporary protection from issuance through a court hearing, during which a judge will determine next steps. Most of these temporary orders last up to 15 days. It allows victims to seek legal recourse for threats.

3. Permanent Protective Orders (PO)

The court issues a PO after a court hearing. It provides protection for the named parties for up to two years. This provides long-term protection for those who are facing a threat of violence from a documented incident of abuse or reasonable belief of some level of threat.

Who Can Petition for a Restraining Order in Virginia?

A person must demonstrate a reason for requesting a protective order. Showing good cause for this legal action is essential. Seek legal advice if you are unsure if your situation qualifies. There are various reasons to do so, including evidence of:

• Domestic violence
• Stalking
• Harassment
• Sexual assault
• Child abuse
• Elder abuse

How Do I Get a Protective Order in Virginia?

To request a Virginia protective order, you must follow these steps as required under Virginia law:

• Determine the type of protective order required based on the seriousness of the threat.
• Gather necessary information, including evidence, the name and address, and any details of what occurred. Provide witness accounts, notes, text messages, or photographs available.
• Go to the courthouse in your area to file a request. The Juvenile and Domestic Relations District Court or the General District Court may be able to help you.
• Complete a petition available from the court. Submit it to the court clerk providing documentation of who you are. There is no filing fee for protective orders in Virginia.
• Go to the initial hearing. A judge will hear your case and determine if imminent danger exists.
• Serve the abuser. The person named in the protective order must be formally served by law enforcement officials with documentation of the protective order.
• Complete the hearing. A hearing occurs within 15 days and will require that you demonstrate a reason for a long-term PO.

What Proof Do You Need for a Restraining Order in Virginia?

Proof is critical in a petition to the court. The type of proof depends on the type of restraining order. For those seeking a PO, that typically means you need some evidence of abuse or violence. Those who are seeking a PPO will need some evidence that there is an immediate danger, such as threatening text messages. For EPOs, proof that there is immediate danger, such as a law enforcement officer providing testimony.

How Long Does a Protective Order Last in Virginia?

The length of a PO in Virginia is dependent on the circumstances:

• Protective orders put in place by the court (PO) can last up to two years. It may be possible for a judge to extend this timeframe if there is a need to do so.
• PPOs will last up to 15 days or until the initial hearing occurs.
• EPOs will last just 72 hours but could be extended.

What Do Restraining Orders Protect You From?

The protections from a restraining order can be very specific or broad. They could include:

• Prohibiting any further acts of abuse or violence, including bodily injury
• Prohibiting the abuser from contacting the victim or the victim’s family
• Provide a temporary possession of the residence shared or suitable alternative housing
• Provide the victim with exclusive use of a vehicle
• Provide temporary custody of a child
• Require abusers to enter into treatment
• Provide the victim with a companion animal

Do I Need an Attorney to File for a Protective Order?

The law does not require an attorney to provide legal advice. However, doing so is critical in many situations. A protective order hearing, petition, or decision could warrant a number of legal steps. Having legal representation with significant experience may help you navigate this process with confidence.

From filling out court forms to getting a family abuse protective order for your child, there is quite a bit on the line. Having an attorney help you petition the court and navigate the process through the clerk’s office could minimize the risk of mistakes that could cost you later.

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

When a household member or family member causes you pain and abuses you, it can be terrifying to have to go to a Circuit Court and request protection. Yet, doing this is critical. With the representation of our highly experienced team at Randall, McClenney, Daniels & Dunn you gain the legal guidance you need to find protection.

Testimonials

“I would highly recommend this law firm to anyone in need of legal services. From calling to inquire and set up an appointment, to meeting with the staff to assist me — it was all a very smooth process. They are true professionals that understand their clients, and extremely knowledgeable. They make sure you receive the best service, and I am truly grateful for everyone at this law firm that assisted helping me get the best outcome.” – Anna R.

Need Legal Advice on a Restraining Order? We Can Help.

Do not stand for an act of violence against you or your family. Instead, seek a final protective order that keeps that person out of your life. If you are the victim of acts of family abuse, call Randall, McClenney, Daniels & Dunn, PC now at 757-742-6115, or fill out our contact form now.