How to Get a Restraining Order in Virginia
In Virginia these are called Protective order (Family Abuse Protective Order and Non-Family Abuse Protective Order; emergency, preliminary and full orders). A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for Virginia
- Cost
- No fee is charged for filing or serving a petition or order for a preliminary or full family abuse protective order. The court may assess costs and attorney fees against either party. Va. Code §§ 16.1-253.1(H), 16.1-279.1(E), (J)
- Emergency / temporary orders
- A judge or magistrate can issue an emergency protective order when there is probable danger of further family abuse; it expires at 11:59 p.m. on the third day after issuance (extended to the next day court is in session if needed). Va. Code §§ 16.1-253.4(B)-(C), 16.1-253.1(A)
- How long an order lasts
- A full protective order can last up to 2 years, or up to 4 years if the respondent was subject to a previous protective order within 10 years. Before it expires, you can file a written motion to extend it; Va. Code § 16.1-279.1(B)
- Where to ask
- Family abuse petitions are filed in the Juvenile and Domestic Relations District Court; non-family petitions in the General District Court. A free court-approved online program, I-CAN! Virginia, helps prepare the forms. Virginia Courts Self-Help; Va. Code § 16.1-253.4(A)-(B)
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Virginia has two kinds of protective orders: the Family Abuse Protective Order (heard in Juvenile and Domestic Relations District Court) and the Non-Family Abuse Protective Order (heard in General District Court). Each has three stages: an emergency protective order (EPO), a preliminary protective order, and a full protective order. |
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| Who can ask for an order | A family abuse order protects a 'family or household member': a spouse or former spouse; parents, stepparents, children, stepchildren, siblings, half-siblings, grandparents and grandchildren (whether or not living together); in-laws who live in the same home; anyone you have a child with; anyone you live with or lived with in the past 12 months (and their children living in the home); a legal custodian of a juvenile; or an intimate partner. People without these relationships can seek a non-family abuse protective order in General District Court. |
| Where to ask | Family abuse petitions are filed in the Juvenile and Domestic Relations District Court; non-family petitions in the General District Court. A free court-approved online program, I-CAN! Virginia, helps prepare the forms. Emergency protective orders can be issued at any time by a judge or magistrate, including at the request of a police officer. |
| Cost | No fee is charged for filing or serving a petition or order for a preliminary or full family abuse protective order. The court may assess costs and attorney fees against either party. |
Emergency orders and the hearing
| Emergency / temporary orders | A judge or magistrate can issue an emergency protective order when there is probable danger of further family abuse; it expires at 11:59 p.m. on the third day after issuance (extended to the next day court is in session if needed). When you file a petition, the court can also issue a preliminary protective order ex parte, without the respondent present, on good cause such as immediate and present danger. |
|---|---|
| Serving the order | A copy of the order is served on the respondent as soon as possible, and the court sends it to law enforcement and the Virginia Criminal Information Network the same business day. No fee is charged for serving family abuse petitions or orders. An order is not effective against the respondent until served. |
| The court hearing | The preliminary protective order sets a date for the full hearing, which must be held within 15 days of issuance unless continued or the court is closed. At the full hearing you must prove family abuse by a preponderance of the evidence. Source: Va. Code § 16.1-253.1 |
| How long an order lasts | A full protective order can last up to 2 years, or up to 4 years if the respondent was subject to a previous protective order within 10 years. Before it expires, you can file a written motion to extend it; extensions can be for up to 2 years at a time. Source: Va. Code § 16.1-279.1(B) |
What the order does
| What an order can require | A full order can prohibit abuse and contact; give you the home (and require rent or mortgage payments or alternative housing); keep utilities on; give you exclusive use of a cell phone number or device and bar using devices to track you; give you use of a vehicle; order treatment or counseling; give you possession of a companion animal; set temporary custody or visitation; order temporary child support; and other relief needed for protection. Source: Va. Code § 16.1-279.1(A), (A1) |
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| Firearms | Anyone subject to a protective order cannot buy or transport firearms, and a concealed handgun permit must be surrendered. A person subject to a full family abuse (or non-family) protective order cannot possess firearms; within 24 hours of service they must surrender firearms to law enforcement or sell or transfer them to a dealer or an eligible person 21 or older who does not live with them, and within 48 hours certify this in writing to the court. Source: Va. Code § 18.2-308.1:4 |
| If the order is violated | Violating key provisions of a family abuse protective order (stay away, no abuse, no crimes, no contact) is a Class 1 misdemeanor, with higher penalties and mandatory jail for repeat offenses; some violations (such as while armed or causing injury) are felonies. Violations can also be contempt of court. |
Children and privacy
| Minors and children | A family abuse order can protect the petitioner's family or household members, including children. If an emergency protective order protects a minor and the respondent is the minor's parent or guardian, a prosecutor or police officer can file the petition for the minor. Whether a minor may petition on their own was not confirmed. |
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| Keeping your address private | The Virginia Office of the Attorney General runs the Address Confidentiality Program (ACP), a free mail-forwarding service with a substitute address for survivors of domestic violence, stalking, sexual violence, child abduction or human trafficking who have recently moved to a location unknown to the abuser. Certification lasts 3 years and can be renewed. For help applying, contact the statewide hotline at 1-800-838-8238. |
Forms and help in Virginia
- Virginia courts: protective order help
- Official Virginia protective order forms
- Virginia Sexual and Domestic Violence Action Alliance (Virginia Family Violence & Sexual Assault Hotline) — 1-800-838-8238
- Free legal aid in Virginia
Virginia protective order FAQ
What kinds of protective orders are available in Virginia?
Virginia has two kinds of protective orders: the Family Abuse Protective Order (heard in Juvenile and Domestic Relations District Court) and the Non-Family Abuse Protective Order (heard in General District Court). Each has three stages: an emergency protective order (EPO), a preliminary protective order, and a full protective order.
Who can get a restraining order in Virginia?
A family abuse order protects a 'family or household member': a spouse or former spouse; parents, stepparents, children, stepchildren, siblings, half-siblings, grandparents and grandchildren (whether or not living together); in-laws who live in the same home; anyone you have a child with; anyone you live with or lived with in the past 12 months (and their children living in the home); a legal custodian of a juvenile; or an intimate partner. People without these relationships can seek a non-family abuse protective order in General District Court.
Where do I file for a restraining order in Virginia?
Family abuse petitions are filed in the Juvenile and Domestic Relations District Court; non-family petitions in the General District Court. A free court-approved online program, I-CAN! Virginia, helps prepare the forms. Emergency protective orders can be issued at any time by a judge or magistrate, including at the request of a police officer.
Does it cost money to get a restraining order in Virginia?
No fee is charged for filing or serving a petition or order for a preliminary or full family abuse protective order. The court may assess costs and attorney fees against either party.
How fast can I get an emergency protective order in Virginia?
A judge or magistrate can issue an emergency protective order when there is probable danger of further family abuse; it expires at 11:59 p.m. on the third day after issuance (extended to the next day court is in session if needed). When you file a petition, the court can also issue a preliminary protective order ex parte, without the respondent present, on good cause such as immediate and present danger.
What happens at the restraining order hearing in Virginia?
The preliminary protective order sets a date for the full hearing, which must be held within 15 days of issuance unless continued or the court is closed. At the full hearing you must prove family abuse by a preponderance of the evidence.
How long does a restraining order last in Virginia?
A full protective order can last up to 2 years, or up to 4 years if the respondent was subject to a previous protective order within 10 years. Before it expires, you can file a written motion to extend it; extensions can be for up to 2 years at a time.
What can a protective order do in Virginia?
A full order can prohibit abuse and contact; give you the home (and require rent or mortgage payments or alternative housing); keep utilities on; give you exclusive use of a cell phone number or device and bar using devices to track you; give you use of a vehicle; order treatment or counseling; give you possession of a companion animal; set temporary custody or visitation; order temporary child support; and other relief needed for protection.
Does a protective order affect firearms in Virginia?
Anyone subject to a protective order cannot buy or transport firearms, and a concealed handgun permit must be surrendered. A person subject to a full family abuse (or non-family) protective order cannot possess firearms; within 24 hours of service they must surrender firearms to law enforcement or sell or transfer them to a dealer or an eligible person 21 or older who does not live with them, and within 48 hours certify this in writing to the court.
How is a restraining order served in Virginia?
A copy of the order is served on the respondent as soon as possible, and the court sends it to law enforcement and the Virginia Criminal Information Network the same business day. No fee is charged for serving family abuse petitions or orders. An order is not effective against the respondent until served.
What happens if someone violates a protective order in Virginia?
Violating key provisions of a family abuse protective order (stay away, no abuse, no crimes, no contact) is a Class 1 misdemeanor, with higher penalties and mandatory jail for repeat offenses; some violations (such as while armed or causing injury) are felonies. Violations can also be contempt of court.
Can a minor get a restraining order in Virginia?
A family abuse order can protect the petitioner's family or household members, including children. If an emergency protective order protects a minor and the respondent is the minor's parent or guardian, a prosecutor or police officer can file the petition for the minor.
Can I keep my address confidential in Virginia?
The Virginia Office of the Attorney General runs the Address Confidentiality Program (ACP), a free mail-forwarding service with a substitute address for survivors of domestic violence, stalking, sexual violence, child abduction or human trafficking who have recently moved to a location unknown to the abuser. Certification lasts 3 years and can be renewed. For help applying, contact the statewide hotline at 1-800-838-8238.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.