Virginia Restraining Orders Attorneys

Protective or restraining orders are usually issued when someone feels unsafe because of another person’s words or actions, often in domestic violence situations. The standard of proof for protective orders is low, which means they are easy to get. Unfortunately, protective orders can also be a major impediment to your life. You can lose your right to own guns, struggle to find employment or pass background checks, risk losing access to your children, and more.

At Randall, McClenney, Daniels & Dunn, our Virginia protective order / restraining order attorneys understand the laws surrounding these issues and are ready to help. We work to help you by restricting the terms of the protective order or getting the order dismissed so your life is not completely derailed. Our family lawyers regularly assist clients in the Southampton, Emporia, Brunswick, Virginia Beach, and Suffolk areas, so do not hesitate to call us today for a consultation.

Types of Restraining Orders in Virginia

Virginia courts can issue three types of restraining orders: Emergency, preliminary, and final protective orders.

• Emergency protective orders are short-term orders issued by a magistrate or judge.
• Preliminary protective orders protect against domestic violence and can include no-contact orders. They last for 15 days or until a full hearing on a permanent protective order.
• Permanent protective orders are issued after a court hearing and can last for up to two years. They can be extended if necessary.

How a Restraining Order Disrupts Your Life in Virginia

A protective order in Virginia issued against you can disrupt your life in many ways, including:

• If you live with the person requesting the protective order, you might be required to move out of your residence.
• You may be unable to contact the petitioner directly or indirectly, affecting communication and personal relationships.
• Access to your children may be limited, especially if the order includes your children as protected parties.
• A protective order can negatively impact you in divorce and custody proceedings.
• A protective order in Virginia could negatively impact your current employment or cause issues with obtaining future employment, especially if a position requires a background check.
• A court can order you to surrender firearms, which can affect your personal protection and employment if your job requires you to carry them.
• A protective order can harm your reputation, which could lead to social stigma and strained relationships with your friends, family, and the community.
• Violating a protective order can lead to your arrest, criminal offenses, and jail time.
• You may have financial burdens, such as legal fees and the cost of finding another place to live.

What is a Family Abuse Protective Order?

As mentioned, Virginia courts can issue three types of restraining or protective orders: emergency, preliminary, and regular. While protective orders can be issued to protect any victim from threats or acts of violence, they are often issued in family law cases where one parent verbally or physically abuses the other parent or the children. Virginia Code §16.1-228 defines what a family abuse protective order can protect against. Victims could include:

• Spouses
• Former spouses
• Parents and stepparents
• Children and stepchildren
• Siblings and half-siblings
• Grandparents
• In-laws

How Long Does a Family Abuse Protective Order Last in Virginia?

In cases involving family abuse, the court may issue a protective order to protect the health and safety of the petitioner, the petitioner’s family, or their household members. The court can issue protective orders for a specific period of time, but not more than two years in total. Before the expiration of a protective order in Virginia, the petitioner may file a motion requesting an extension.

Emergency Protective Orders Overview

Because emergency issues can happen at any time, a victim of family abuse can obtain an emergency protective order 24 hours per day on any day of the week. Any court, including a circuit court, general district court, juvenile and domestic relations district court, and any magistrate, can issue a protective order.

How Long Does an Emergency Protective Order Last?

An emergency protective order can be based on statements you make to law enforcement or a magistrate. However, they expire at 11:59 p.m. on the third day following the day it was issued. If the court is not in session on the third day, the protective order lasts until the following day. To continue a protective order in Virginia, the victim must file a petition in the juvenile and domestic relations court.

Preliminary Protective Orders Overview

A preliminary protective order in Virginia protects victims from their alleged abusers while waiting for a court date. The hearing must be held within 15 days of the preliminary protective order. A court is allowed to issue a preliminary protective order without notice to the defendant if:

• The victim states under oath that they face “immediate and present danger.”
  OR
• The victim has “evidence sufficient to establish probable cause that family abuse has recently occurred.”

The court can issue a full protective order if the allegations are proven through evidence at the hearing.

What Does a Preliminary Protective Order Prevent?

A preliminary protective order has the full power of a final protective order, just a shorter duration. A preliminary protective order can prevent a range of actions based on the terms of the specific order. Preliminary protective orders can prevent:

• Abuse against a child, family, or household member
• Visitation as dictated by the court
• Acts that may tend to endanger the child’s life, health, or normal development
• Contact as the court deems appropriate if the petitioner can prove “by a preponderance of the evidence” that the respondent will most likely engage in actions barred by the protective order

Preliminary protective orders can be issued ex parte — without the defendant’s knowledge or permission or when the petitioner or court motions it.

What Violates a Protective Order in Virginia?

Violations of a protective order in Virginia can include:

• Contacting the petitioner
• Coming too close to the petitioner physically
• Committing any acts of violence, threats, or harassment toward the petitioner
• Failing to surrender firearms

Violations can result in criminal charges, including fines and imprisonment. Do not call the alleged victim if you have been served a protective order. Too often, the respondent calls the victim immediately, which makes their attorney’s job harder.

How to Get an Order of Protection Dismissed in Virginia

If a protective order in Virginia is entered without good cause, you must follow the legal process to get the order dismissed. You must:

1. File a written motion with the court requesting a hearing to dissolve or modify the order.
2. Set a hearing date for the motion.
3. Gather evidence, including witness testimony, documentation, and other information that shows the protective order was entered without good cause or for other reasons you no longer require the order to be in place.
4. Attend the hearing. Both parties must attend and can argue whether the order should be dismissed.

The court will consider the evidence and decide whether to dismiss the order. Without a lawyer, it can be extremely difficult to contest a protective order. The standard of evidence is very low, meaning there is a high chance of getting stuck with a two-year order.

Always follow up and obtain a copy of the new court order to show it to relevant parties, such as law enforcement or employers.

Always seek legal counsel to help you get a protective order dismissed, as the process can be complex.

Frequently Asked Questions

What is the Difference Between a Protective Order and a Restraining Order?

Virginia has protective orders, but “protective order” and “restraining order” are often used interchangeably. Virginia grants protective orders in both non-domestic and domestic situations to protect the health and safety of alleged abuse victims.

Does a Protective Order Show Up on a Background Check in Virginia?

Yes, a Virginia protective order can appear on a background check. The court enters the protective order into the Virginia Criminal Information Network and National Crimes Information Center databases. Law enforcement officers, employers, and others who conduct background checks can access this information.

Can You Appeal a Protective Order in Virginia?

Virginia law allows you to appeal a protective order if you believe the order was issued in error or the court erred in procedural issues during the hearing. The appeals process is complicated, so you may need an attorney to help file the appeal.

You only have 10 days to appeal to the circuit court after a protective order is issued in Virginia. We are ready to help you, so contact us as soon as possible to exercise your right to appeal.

What kinds of protective orders can I get in Virginia Beach?

There are three main types: Emergency Protective Order (EPO) (short-term, often issued by a magistrate or after an arrest), Preliminary Protective Order (PPO) (lasts until the full hearing—usually within 15 days), and a Final Protective Order (can last up to 2 years and be extended). Which court you use depends on the relationship and facts.

Where do I file for a protective order in Virginia Beach?

Most family-related cases start in the Virginia Beach Juvenile & Domestic Relations District (J&DR) Court. If the parties aren’t family/household members, the General District Court handles it. After-hours EPOs can be requested through a magistrate (law enforcement can guide you).

What proof do I need to get a restraining order?

You must show recent violence, force, threats, or stalking that puts you in reasonable fear of harm. Evidence can include texts, call logs, social media messages, photos, medical records, witness statements, and police reports. Bring anything that supports your account and timeline.

Can a restraining order make someone move out or give me temporary custody?

Yes. Judges can order a respondent to vacate the home, grant temporary custody/visitation terms, set no-contact and stay-away distances, and address temporary support and firearm restrictions. Tell the court exactly what you need for safety and stability.

Are firearms affected by a restraining order?

Protective orders can prohibit possession of firearms and require surrender during the order’s term. Violations can lead to criminal charges. If guns are involved, tell the court and law enforcement right away.

What happens if the restraining order is violated?

Call 911. Violating a protective order is a crime in Virginia. Police can arrest the respondent, and the court may impose jail, fines, or additional protective terms. Keep copies of the order with you and document any violation (dates, messages, witnesses).

Can we have limited contact for child exchanges or emergencies?

Yes. Orders can include carve-outs like peaceful contact for parenting exchanges or communication through a specific app. Be precise about locations, times, and methods to avoid accidental violations and reduce conflict.

I was served with a protective order—what should I do?

Read it carefully and obey it. Do not contact the petitioner, even to “explain.” Gather evidence, save messages, identify witnesses, and talk to a lawyer immediately. You’ll have a full hearing soon—this is your chance to challenge the allegations and propose safer, workable terms.

Can a restraining order affect my custody or divorce case?

Yes. Judges consider family abuse and safety when deciding custody, visitation, and even spousal support. A protective order on your record can influence parenting schedules and exchanges. If you have a pending divorce or custody case, tell your attorney right away.

How long does a final restraining order last, and can it be extended or ended early?

A final PO can last up to 2 years and may be extended before it expires if the risk remains. Either party can ask to modify or dissolve it if circumstances change, but you must file and appear in court to request changes.

Will a restraining order show up on my background check?

While protective orders are civil, related criminal charges (like assault or PO violations) do appear on background checks. Some civil records may be publicly accessible. Ask your lawyer how an order could affect employment, housing, or security clearances.

Are out-of-state protective orders valid in Virginia Beach?

Yes. Under full faith and credit, Virginia enforces valid out-of-state protective orders. Keep a copy with you and consider filing it with local law enforcement or the court for easier enforcement.

How much does it cost to file for a protective order?

There’s no filing fee for requesting a protective order. If you hire an attorney, fees vary by case complexity. Many firms offer quick consults to map your options and next steps.

Do I need a lawyer to get or defend against a protective order?

You’re not required to have one, but counsel helps with evidence, procedure, and advocacy—especially when custody, housing, or employment could be affected. An attorney can also coordinate with any related criminal or family law cases.

What if the other party keeps contacting me through friends or social media?

Keep records and don’t respond. Indirect contact (through friends, DMs, new accounts) can still violate the order. Save screenshots, note dates/times, and report violations to police and your attorney.

I’m active-duty or a military spouse—anything different I should know?

Protective orders can impact base access, housing, and command notifications. If deployment or PCS affects hearing dates, your lawyer can discuss options under applicable protections. Tell your attorney about your status so orders and schedules fit military realities.

How do I prepare for my protective order hearing?

Write a timeline of events, gather evidence (messages, photos, medical/police records), list witnesses, and plan child care so you can focus in court. Arrive early with copies of everything. Your lawyer will help you present a clear, credible case.

Why Partner with Randall, McClenney, Daniels & Dunn, PC

Randall, McClenney, Daniels & Dunn is ready to help you with complex legal issues, including defending against protective orders, filing appeals on your behalf, and representing you in a contentious divorce.

Our attorneys have experience with domestic violence issues and restraining orders, including those that may result in a Virginia criminal case. Our goal is to help you, whether that means rebutting false accusations in court or seeking the least restrictive restraining order if the order is inevitable. We take a proactive approach to these cases, helping clients get sober and get help so they can show the court a willingness to change, which can make all the difference when the judge is deciding your fate.

Contact a Virginia restraining order lawyer at Randall, McClenney, Daniels & Dunn for help defending against protective orders and other contentious family law issues.

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Protect Yourself & Your Family. Get Immediate Help.

At Randall, McClenney, Daniels & Dunn, our Virginia protective order lawyers thoroughly understand the laws regarding these issues, and we are ready to get to work helping you today. We regularly assist clients in the Southampton, Emporia, Brunswick, and Suffolk areas. You can contact us for a consultation by filling out our convenient online contact form or calling 757-742-6115.