What is a protective order? A protective order is a court order designed to restrict contact between individuals to prevent harm, threats, or harassment. You may have heard of different types, such as:
- Emergency Protective Order (EPO)
- Preliminary Protective Order (PPO)
- Final Protective Order (also called a Two-Year Protective Order)
Each type serves a distinct purpose under Virginia law.
Why Do People Get Protective Orders?
Protective orders provide essential protection for individuals experiencing threats or abuse. However, in some cases, individuals may seek protective orders to gain an advantage in domestic disputes.
Protective orders are civil matters and do not result in a criminal record. However, violations of these orders can lead to criminal charges. If you need to file for a protective order or have been served with one, seeking legal counsel is highly recommended.
Where Are Protective Order Hearings Held?
- If the alleged abuse involves a family or household member, the hearing takes place in the Juvenile and Domestic Relations District Court (J&DR Court).
- If the alleged abuse does not involve a family or household member, the hearing is held in the General District Court.
Types of Protective Orders in Virginia
1. Emergency Protective Order (EPO)
- Legal Basis: Virginia Code § 16.1-253.4
- Who Issues It? A judge or magistrate, often at the request of law enforcement
- Purpose: Provides immediate, short-term protection following an incident of domestic violence or stalking
- Duration: Up to 72 hours (or until the next court session, whichever is later)
- Next Step: The person seeking protection may petition for a Preliminary Protective Order (PPO) before the EPO expires.
2. Preliminary Protective Order (PPO)
- Legal Basis: Virginia Code § 16.1-253.1 (for family abuse cases)
- Who Issues It? A judge, if the petitioner shows probable cause of recent abuse or a reasonable fear of harm
- Purpose: Temporary protection while waiting for a full hearing on a long-term protective order
- Duration: Up to 15 days, until a full hearing takes place
- Next Step: At the hearing, a judge determines whether to grant a Final Protective Order (Two-Year Protective Order).
3. Two-Year Protective Order (Final Protective Order)
- Legal Basis: Virginia Code § 16.1-279.1 (for family abuse) and § 19.2-152.10 (for non-family cases)
- Who Issues It? A judge, after a full court hearing
- Purpose: Long-term protection for victims of domestic violence, threats, or stalking
- Duration: Up to two years (commonly called a “permanent” protective order, though it is not indefinite)
- Renewal: A court may extend the order if there is ongoing danger (Virginia Code § 19.2-152.10:B).
What Protections Does a Protective Order Provide?
Virginia Code § 16.1-279.1 outlines the protections a Final Protective Order may include, such as:
- Prohibiting contact between the petitioner and respondent
- Granting the petitioner exclusive use of a shared home or vehicle
- Setting temporary child custody and visitation arrangements
- Requiring the respondent to pay child or spousal support
- Ordering the respondent to attend counseling or treatment
- Preventing the respondent from possessing firearms
What Happens If You Violate a Protective Order?
Violating a protective order is a serious offense under Virginia Code § 16.1-253.2. Consequences include:
- Class 1 misdemeanor (for a first offense) – Mandatory jail time of at least one day
- Class 6 felony (for repeat violations or certain aggravated circumstances) – Up to five years in prison
- Even texting, emailing, or indirect contact can violate the order. Some protective orders may permit limited communication (e.g., for co-parenting), but strict compliance is required.
Can a Protective Order Be Extended?
Yes. Under Virginia Code § 19.2-152.10:B, a court may extend a protective order if it finds that the protected person continues to need protection. The request must be made before the original order expires.
Need Legal Help?
Each type of protective order serves to ensure safety and legal recourse for those facing abuse. If you need to request a protective order or have been served with one, it’s crucial to understand your rights and legal options. Contact the Marquis Law Group today for legal guidance and representation.
