Protective Orders in Virginia - A Guide for Victims

Protective Orders

in Virginia–

A Guide for Victims

Virginia Department of Criminal Justice Services

www.dcjs.virginia.gov

is brochure is intended to provide summary

information regarding family abuse protective orders

and protective orders covering other non-family abuse

circumstances.

What is a Protective Order?

It is a legal order issued by a magistrate or judge to protect the health

and safety of an abused person and his/her family or household

members. e

person ling for a protective order

is called the

“peti-

tioner”

and the

person the protective order is led against

is called the

“respondent”

Who is eligible to ask for a Protective Order?

In order to be eligible for a protective order, you must have been, within

a reasonable period of time, subjected to an act involving violence,

force, or threat that results in bodily injury or places you in reason-

able fear of death, sexual assault, or bodily injury. (See Code of Virginia

§19.2-152.10).

Is a Protective Order right for you?

Each situation is dierent. Protective orders can provide you with legal

protection, but they cannot necessarily protect you from violence. In

order to help protect yourself from a violent act, you can contact a

domestic and sexual violence advocate to assist you with guring out

what you need to stay safe and to develop a plan. It is important to

get further information from local resources, such as your local victim/

witness program, domestic violence service agency, sexual assault crisis

center, Juvenile and Domestic Relations District Court Intake Oce,

and/or the General District Court.

Where do I go to request a Protective Order?

It depends.

e type of relationship you have (or had) with the person who is

harming or threatening you determines where you can request a protec-

tive order. If that person is a family or household member (dened on

the following page) you can request a family abuse protective order

through your local intake oce for the

Juvenile and Domestic Relations

District Court

. You can also request a protective order via the

Juvenile

and Domestic Relations District Court

if either the petitioner (person

requesting the protective order) or the respondent (person committing

acts of violence or threatening behavior) is under the age of 18. Sta in

the intake oce can provide additional information.

All other requests for protective orders that do not meet the denition

of family or household member (including but not limited to dating

or same-sex partners who do not live together) are made through the

General District Court

. e

General District Court Clerk’s Oce

can

provide additional information about local procedures.

Denition of Family Abuse and

Family or Household Member (§16.1-228)

Family abuse

is any act involving violence, force or threat that results

in bodily injury or places one in reasonable fear of death, sexual assault,

or bodily injury and that is committed by a person against a family/

household member. is includes, but is not limited to, any forceful

detention, stalking, or criminal sexual assault.

Family or household members

include the following:

Spouse, ex-spouse, parents, children, step-parents and step-children,

siblings, half-siblings, grandparents, grandchildren, persons who have

a child in common, regardless of residence; in-laws, who live in the

same home; and co-habitants and those who have co-habited in the

past year and their children.

There are three types of Protective Orders

1. Emergency Protective Orders (EPO)

A law enforcement ocer or the abused person may petition for

(request) an

EPO

. is order will most likely be requested by a

law enforcement ocer if an arrest has been made or if the ocer

nds that there is probable danger of further acts of family abuse, or

violence, force or threat. An

EPO

can only be issued by a magistrate

or a judge. e person being abused can also petition for an

EPO

at the magistrate’s oce, even if an arrest has not been made. An

EPO

lasts for 72 hours or until the next session of court, whichever

is later. e date and time the

EPO

ends can be found on the order.

In order to protect your health and safety, an

EPO

, in all cases, can

impose the following conditions on the respondent (abuser):

✦ Prohibiting all contacts by the respondent with the victim or

the victim’s family or household members;

✦ Prohibiting acts of violence, force, or threat or criminal oenses

resulting in injury to person or property;

✦ Possession of a companion animal if the petitioner meets the

denition of owner (See Code of Virginia §3.2-6500) and;

✦ Other conditions the judge or magistrate deems necessary to

protect you and family/household members.

In cases of family abuse, an

EPO

can also:

✦ Grant temporary possession of the residence to family/

household members.

2. Preliminary Protective Orders (PPO)

Only a judge can issue a

PPO

. You must obtain a

PPO

within a short

time aer you have been the victim of family abuse or other acts

of violence, force or threat. A judge will decide if the

PPO

will be

granted, based on your sworn statement. You do not have to have

an EPO to get a

PPO

, and the respondent (abuser) does not have to

be at the hearing. If a

PPO

is granted, it will last 15 days, or until the

nal Protective Order hearing. e judge will give you the date for

the nal hearing and it will also be included on the

PPO

In order to protect your health and safety, a

PPO

, in all cases, can

impose the following conditions on the respondent (abuser):

✦ Prohibiting all contacts by the respondent with the victim or

the victim’s family or household members;

✦ Prohibiting acts of violence, force, or threat or criminal oenses

resulting in injury to person or property;

✦ Possession of a companion animal if the petitioner meets the

denition of owner (See Code of Virginia §3.2-6500) and;

✦ Other conditions the judge deems necessary to protect you and

family/household members.

In cases of family abuse, a

PPO

can also:

✦ Grant temporary possession of the residence to family/

household members.

✦ Require that the respondent maintain utility services for the

household, or if appropriate, order respondent to restore such

services.

✦ Grant temporary possession of a jointly owned vehicle.

✦ Require the respondent to provide suitable alternative housing

for the family/household members.

✦ Require any other relief necessary for the protection of the

victim and family/household members of the victim.

3. “Permanent” Protective Order (PO)

A judge can grant a

that lasts for up to two years. In order to

obtain this

, you must attend the nal Protective Order hearing,

which is scheduled at the time of your PPO hearing. e judge will

subpoena the respondent (abuser) to be at the

hearing. Both you

and the respondent will be asked to describe what happened. is

can also be extended for an additional two years, if the peti-

tioner requests an extension, and a judge nds that there is a need

to extend protection. ere is no limit to the number of protective

order extensions that can be granted by a judge.

In order to protect your health and safety, a

can impose all of the

same conditions on the respondent (abuser) as are detailed in the

PPO section, for a period of up to two years at a time.

In addition, in cases of family abuse, a

can:

✦ Require respondents to participate in treatment, counseling, or

other programs required by the court.

✦ Provide for temporary custody or visitation of a minor child.

Family Abuse Permanent Protective Order:

Firearm Possession Prohibition (§18.2-308.1:4)

A person subject to a permanent family abuse protective order, issued

since July 1, 2016, is

prohibited from possessing a rearm

. e Code

of Virginia does allow the person to possess and transport a rearm for

24-hours from the time the order is served, solely for the purpose of

transferring or selling the rearm to another person who is not prohib-

ited by law from possessing it. Virginia’s rearm possession prohibi-

tion applies only to family abuse permanent protective orders issued

pursuant to Code of Virginia §16.1-279.1. It does not apply to emer-

gency, preliminary, or other protective orders.

For more information, please see the DCJS Brochure: Family Abuse

Permanent Protective Order: New Firearm Prohibition at www.

dcjs.virginia.gov/sites/dcjs.virginia.gov/files/publications/victims/

brochure-family-abuse-permanent-protective-order-new-firearm-

prohibition.pdf.

Protective Orders are free

ere is no charge for petitioning for a protective order, ling copies of

a protective order, or having the order served on the respondent.

Do I need legal representation for a

Protective Order?

No. You do not need an attorney to le for a protective order. However,

there are oen free legal services available for low income victims who

would like to obtain a protective order. Many area domestic violence

service agencies have free attorneys and victim advocates available to

assist victims who would like a protective order. Local Legal Aid oces

also assist victims in obtaining protective orders. All local Juvenile and

Domestic Relations District Courts have court services units to assist

victims in obtaining protective orders. To nd out more about the

services available in your area, please call the toll-free Victim Assist

Virginia Helpline at 1-888-887-3418 or the toll-free Virginia Family

Violence and Sexual Assault Hotline at 1-800-838-8238.

Do I have to press charges to get a

Protective Order?

No. A protective order is a civil order, and is not the same as pressing

criminal charges. You may press criminal charges against the abuser,

in addition to petitioning for a protective order, but you do not have to

press charges in order to get a protective order.

Once a protective order has been served on the respondent (abuser)

it can be enforced. It is the respondent’s responsibility not to violate

the terms of the protective order. Violation of certain protective order

conditions by the respondent is a crime. If the respondent is convicted

of violating a protective order, he or she must serve some time in jail.

Additionally, the court must issue a new protective order.

Is a Protective Order from another

state valid in Virginia?

If I go to another state, will my Virginia

Protective Order be valid in that state?

e answer to both questions is yes. Federal law requires states to

enforce each other’s protective orders. To prevent confusion or delay

in enforcing the order by law enforcement, you can register a certied

copy of your order with the Juvenile and Domestic Relations District

Court or the General District Court in the city or county where you will

be visiting or residing.

How to make sure

Protective Orders work for you

✦ Follow all the conditions and terms stated in your protective

order.

✦ Go to all the scheduled hearings.

✦ Report any violations of the protective order to law

enforcement immediately.

✦ Carry a copy of the protective order with you at all times and

show it to law enforcement, if it is violated.

✦ Avoid deliberate contact with the respondent (abuser).

✦ Develop a safety plan with your victim/witness program or

domestic violence or sexual assault agency (if applicable).

Resources that may be helpful to you:

I-CAN! Virginia

Virginia has an Online Forms Completion Program for protective

orders called I-CAN! Virginia. It is a free online program that helps

individuals complete the forms necessary to ask the courts for protec-

tive orders. I-CAN! Virginia is available on Virginia’s Judicial System

Website at the following link:

www.courts.state.va.us/courtadmin/aoc/judpln/programs/afapo/

home.html

For additional information, assistance, and referrals you may

call the following statewide toll-free numbers and/or view the

listed websites:

Virginia Victim Assistance Network

www.vanetwork.org

Victim Assist Virginia Helpline

1-888-887-3418

Virginia Sexual and Domestic Violence Action Alliance

www.vsdvalliance.org

Statewide Hotline

1-800-838-8238

Virginia Legal Aid

www.valegalaid.org

1-866-534-5243

Virginia Poverty Law Center (Family & Sexual Violence)

www.vplc.org

1-800-868-8752

Virginia State Bar Lawyer Referral Service

www.vsb.org/vlrs/index.php/public/vlrs

1-800-552-7977

Virginia Victims Fund

(Oﬃcially the Criminal Injuries Compensation Fund)

www.virginiavictimsfund.org

1-800-552-4007

is project is supported by Grant #16-N3957VW15 awarded to the Virginia Department of Criminal Justice Services.

Virginia Department of Criminal Justice Services

www.dcjs.virginia.gov

January 2017

e information from this brochure is available on the internet. You

may download it from the Virginia Department of Criminal Justice

Services website at:

www.dcjs.virginia.gov/sites/dcjs.virginia.gov/les/publications/victims/

protective-orders-virginia-guide-victims-english.pdf