In Virginia, constituents can apply for a Protective Order. However, the process can seem daunting - many individuals petitioning for a PO represent themselves. There are two main types of POs, and each of those main types have other levels involved. All together, this can pose a scary situation for anyone looking to apply for a PO. With so many different acronyms and information, we put together this handy guide for you that might help you understand more about POs in VA.
**Please note, this guide does NOT qualify as legal advice. If interested in receiving legal advice, contact a private practice attorney.**
At a Glance
Family Abuse Protective Orders vs. General Protective Orders
Those who’ve experienced domestic violence qualify for a special type of PO offered through the Juvenile & Domestic Relations court. Where General Protective Orders prohibit any type of direct or indirect contact from the respondent to the petitioner, FAPOs carry additional components that can benefit the petitioner, such as:
Possession of home
Custody of children & pets
Requiring the abuser to continue paying all bills related to the home (electric, mortgage, phone, etc)
Alternative housing for petitioner & children at the cost of the abuser
Possession of vehicles used by the petitioner but titled to the abuser
If you are seeking a PO against someone who isn’t a household member, isn't someone you have kids in common with or isn't someone you’ve been separated from for over a year, then you’ll need to apply for a General PO. These POs typically prohibit contact from the respondent as well as indirect contact through a third party and no physical contact from them.
Emergency Protective Orders
Emergency Protective Orders are exactly what they say - protective orders handed out in an emergency. Typically, these orders are issued immediately after a crime since law enforcement can request them. They last for 72 hours, and can be issued on weekends or after business hours by a magistrate.
Preliminary Protective Orders
Unlike EPOs, Preliminary POs cannot be obtained by a law enforcement officer. Individuals interested in a Preliminary PO need to file in their respective court after determining their relationship with the respondent. For example, if you’re filing against your current partner that you live with, you’d file in JDR court. If you’re filing against a classmate at the local community college, you’d file in GDC.
A Preliminary PO cannot be issued without a hearing. After applying for the Preliminary PO, you’d go in front of the judge to explain why you want the Protective Order. If the judge agrees to grant you one, another hearing date will be set 15 days from the date it’s granted, and another hearing will happen to give the respondent an opportunity to explain why there shouldn’t be a PO against them. A preliminary PO can be extended up to 6 months, especially if the respondent is never served with the PO.
Permanent Protective Order
Unfortunately, a Permanent Protective Order isn’t actually permanent. The maximum a judge can order a Permanent PO for is 2 years, except in some felony cases. In Permanent FAPOs, petitioners might be granted temporary custody/visitation or even child support from the respondent.
In some felony cases, such as homicide, co-victims and survivors can be awarded POs for the length of the defendant’s life.
Other things to note about POs
Only in effect after serving: Regardless of the type of PO, it’s only in effect once the respondent’s been served. If the respondent is homeless or a fugitive, then it’ll be difficult to serve them with the PO - which means that you won’t actually have protection from the PO unless it’s been served on the other person.
If you want legal representation, you’ll have to get your own: Petitioners of an FAPO might be able to receive pro bono services from their local Domestic Violence shelter, but General PO petitioners will need to hire their own attorney if they want legal representation.
Protective Orders are a civil remedy, not a criminal one: POs are a civil remedy, not a criminal one. That means the Commonwealth’s Attorney’s office won’t be involved in you receiving your PO. However, if the respondent is served with the PO and then violates it, that becomes a criminal offense. The CA’s office would handle the violation at that point.
A no contact order is NOT a protective order: No Contact orders are a court order from a judge, where violations can only be resolved without law enforcement involvement. If you receive a No Contact order from a judge, then you will need to call the court directly if the respondent violates it. You cannot call 911 for a violation of a No Contact order.
A petitioner cannot violate their own PO: A lot of people get this one wrong. If you apply for a PO and it’s granted, you can still contact the respondent. However, it doesn’t always look good - many judges see it as baiting! The respondent is the one responsible for following the rules laid out in the PO.
You have to show up to all the hearings: If you don’t show up to the hearings, especially if you’re the one who’s asked for the PO, then it’ll probably be dismissed. Then, you’re without any protection.
Your PO can cross state lines: If you move out of state, your PO goes with you! Make sure to have copies of it in multiple places. Don’t be afraid to share it with others!
Respondents of Preliminary or Permanent POs can’t have firearms: Make sure you disclose whether the respondent has firearms they own, legally or illegally. Lots of studies show that abusers who own firearms are more likely to commit homicide than those who don’t. A lot of people will choose not to move forward because the respondent has firearm clearance and uses a firearm at their job - and, without the job, they can’t pay their bills. This is part of the cycle of abuse where abusers are able to keep survivors from breaking free because they hold power over them economically. Don’t be deterred from this - that person needs to know that threatening someone and being violent towards another person is never okay, and they should’ve thought about how their actions would impact their career prior to committing those acts! If a respondent is found to use firearms after being served with a PO, then they might be charged with a felony.
Still have questions about POs? Check out the VA DCJS’ handy PDF guide!
**If you or someone you love is currently experiencing domestic violence, contact The Genieve Shelter at (757) 925-4365.**