Protective Orders in Virginia

The Emergency Protective Order: up to 72 hours

Under Va. Code 16.1-253.4, a judge or magistrate can issue a written or oral ex parte emergency protective order. The order protects a person's health or safety. It requires a law enforcement officer or the allegedly abused person to swear under oath that a warrant has issued for family abuse. The order can also rest on reasonable grounds to believe family abuse occurred, with probable danger of a further offense.

This order can prohibit acts of abuse and prohibit contact. It can grant the victim possession of the shared residence and possession of a companion animal. It expires at 11:59 p.m. on the third day after issuance. That deadline moves to the next day the court is in session if it falls on a day the court is closed.

The Preliminary Protective Order and the 15-day hearing

Under Va. Code 16.1-253.1, the court can issue a preliminary protective order when a petition alleges family abuse, including in an ex parte proceeding for good cause shown. Good cause can be an affidavit or sworn testimony showing immediate and present danger, or probable cause that family abuse recently occurred. The preliminary order must set a date for a full hearing, which must happen within 15 days of the preliminary order's issuance. The deadline extends only if the court is closed on that date.

The full Protective Order: up to two or four years

Under Va. Code 16.1-279.1, the court can issue a protective order after the full hearing. The order can prohibit acts of family abuse and restrict contact. It can grant the petitioner exclusive possession of the shared residence, and can address utilities and temporary child support. A protective order can last up to two years. It can last up to four years if the court finds the respondent was already subject to a protective order under this section within the past 10 years.

Firearms

Under Va. Code 18.2-308.1:4, it is a crime for a person subject to a protective order to purchase or transport a firearm while that order is in effect. This applies to orders issued under several sections, including 16.1-253.1, 16.1-253.4, or 16.1-279.1. This creates a criminal firearm restriction tied directly to Virginia's protective order system. It exists on top of any separate federal firearm prohibition that may apply.

Who qualifies

Virginia's system covers family abuse against a family or household member. The qualifying definition of family or household member appears elsewhere in Title 16.1, not repeated in each of these three sections. Confirm the exact current list of qualifying relationships with the Juvenile and Domestic Relations District Court clerk in the county where you plan to file.