How To Get A Restraining Order In Virginia

Restraining orders, known as protective orders in Virginia, allow victims of abuse to seek legal protection against perpetrators. These orders can grant petitioners possession of property, prevent defendants from contacting victims, take away firearms and other weapons, affect child custody, and order defendants to participate in counseling and other programs.

Protective order petitions can be filed in the local General District Court or Juvenile & Domestic Relations Court where the offense occurred or where the defendant resides. The court to approach generally depends on the relationship between the defendant and the victim. However, any Virginia court can issue emergency protective orders.

Protective order proceedings are civil cases. Thus, people looking for such case details can search Virginia civil court records.

Types Of Restraining Orders in Virginia

The type of protective order a person obtains in Virginia depends on their relationship with the defendant (abuser). These include:

• Family Abuse Protective Order: This protective order is issued when the defendant is a "household or family member", such as:

  • Current and former spouses
  • Children, stepchildren, grandchildren, parents, stepparents, grandparents, or siblings
  • In-laws, if they live in the same home (relatives of unmarried domestic partners do not qualify)
  • Co-parents
  • A person who lives with the defendant as a dating partner or someone who has lived with the defendant in the past year while in a relationship

  These cases are generally filed in the Juvenile & Domestic Relations Court in the locality (county) where the domestic violence issue occurred or the defendant resides.

• Non-Family Abuse Protective Order: This order is granted to victims whose abusers do not qualify as household or family members. Cases are initiated in the General District Court with geographic jurisdiction over either case party.

Protective orders are also categorized by how long they last and when they are issued:

• Emergency Protective Orders: Magistrates and judges can issue these orders after an ex parte hearing, especially when the appropriate court of filing is not in session. These orders last for 72 hours or until the designated courts' next session.
• Preliminary Protective Orders: These are issued by General District Courts and Juvenile & Domestic Relations Courts, depending on the type of case. They can be granted without the defendant's presence and last for 15 days or until the final hearing.
• Final Protective Orders: These directives are issued after judges hear from plaintiffs and defendants. These offer the broadest scope of relief.

Are Restraining Orders Public Record In Virginia?

Yes. Per Va. Code § 17.1-208 and Va. Code § 16.1-69.54:1, non-confidential court records are accessible to members of the public. However, only authorized individuals, such as law enforcement agencies, case parties, and representatives of case parties, can access restricted case information, such as the following:

• Certain details related to victims of domestic abuse cases
• Information about sexual assault victims
• Sealed protective order proceedings
• Records that may be useful for law enforcement investigations

How To Look Up Restraining Orders In Virginia

To look up a Virginia protective order for family abuse, one is advised to contact the Juvenile & Domestic Relations Court in the jurisdiction where the case was filed to inquire about accessibility. If the protective order was issued under Va. Code § 19.2-152.10, requesters can contact the General District Court clerk instead.

Can You Look Up A Restraining Order Online?

Yes. However, while the Commonwealth of Virginia provides online resources for viewing General District Court case information, online access to Juvenile & Domestic Relations Court records is limited. The best way to inquire about these cases is to contact the court that presided over the matter.

How To File A Restraining Order In Virginia

If an individual wants to obtain immediate protection, they can start by filing a petition for an emergency protection order (EPO). This petition is usually filed when the General District Court or Juvenile & Domestic Relations Court is closed. It can be granted ex parte (without the respondent present) by any judge or magistrate. A police officer can help the victim request an order if the accused person has been arrested or if the victim faces a probable threat of further harm.

Once issued, the EPO lasts for three days (72 hours) or until the next court session, whichever comes last. The order will indicate the expiry date.

Emergency orders can prohibit defendants from committing further acts of abuse and violence, contacting the victim or the victim's family, and other acts stated by the judge to guarantee the victim's safety. The order can also grant temporary possession of shared property, property owned by the defendant, or companion animals to the victim.

Whether the judge or magistrate issues the EPO, victims can apply for preliminary protective orders (PPOs) during the appropriate court's next session. Also, individuals can start their protective order proceedings by filing for a PPO, even if they have not applied for an EPO. Upon submission of the petition, a judge will review the plaintiff's sworn statement and decide whether to grant the order. The defendant is not required to attend this hearing. If granted, a date for the final hearing will be scheduled within 15 days and written in the PPO. The PPO will remain in effect for 15 days or until the final hearing.

Preliminary protective orders offer the following relief in addition to those granted by EPOs:

• Orders defendants to uphold or restore payment for household utility services
• Grants the victim temporary possession of any jointly owned vehicle
• Instructs the alleged abuser to ensure proper relocation arrangements for the family or household
• Other measures necessary to protect the safety and well-being of the victim

Plaintiffs must attend the final protective order hearing to obtain orders that last for up to two years or as indicated in the order. The alleged abuser will be subpoenaed once the PPO is granted or denied and the final hearing is scheduled. If the defendant is not served, the court will extend the hearing date to allow them time to appear. During the final hearing, the presiding judge will listen to testimony and review submitted statements and evidence from both parties before ruling. In addition to the relief granted in the PPO, a final protective order in cases of family abuse can also do the following:

• Require the defendant to attend counselling, treatment, or any other program prescribed by the court.
• Prepare guidelines for temporary child custody and visitation if a minor child is involved.
• Prohibit the respondent from using firearms.

Can You File A Restraining Order For No Reason In Virginia?

No. The law requires plaintiffs to show, by a preponderance of the evidence, that they have been subject to violent, forceful, and threatening acts as defined in Va. Code § 19.2-152.7:1. These acts must have happened within a considerable period and resulted in bodily harm or placed victims in reasonable fear of sexual assault, bodily injury, or death.

What Proof Do You Need For A Restraining Order In Virginia?

As mentioned, the legal standard for proving abuse or violent acts in Virginia is a preponderance of the evidence. This means the plaintiff must show that they have been likely abused or that the defendant has demonstrated behavior to indicate they will likely abuse the victim in the future. To meet this standard, one can provide the following:

• Pictorial or video evidence of bodily harm, property damage, or stalking
• Sworn statement indicating details of abuse
• Text messages, letters, and other methods used by the defendant to harass the victim
• Witness testimony
• Previous protective orders, if any
• Copies of arrest warrants, indictments, and judgments issued against the defendant

How Long Does It Take To Get A Restraining Order In Virginia?

In Virginia, plaintiffs can obtain emergency protective orders if the Juvenile & Domestic Relations Court or the General District Court is not in session. When the court resumes, petitioners can file for preliminary orders, where a judge will determine the schedule for the final hearing. The final hearing must be set within 15 days after the preliminary order has been filed. However, the law allows judges to extend hearing dates if defendants have not been adequately served.

How Long Does A Restraining Order Last In Virginia?

The following are durations for different protective orders in Virginia:

• Emergency protective orders: Three days (72 hours) or until the court's next session.
• Preliminary protective orders: 15 days or until the date of the final hearing.
• Final protective orders: Two years. Judges can enforce shorter dates. They can also extend protective orders for two years at a time if plaintiffs' requests for extensions are granted.

How Much Does A Restraining Order Cost in Virginia?

Protective orders are free for victims in Virginia. Such parties also do not need lawyers at any stage. However, depending on the case's outcome, the court can order either party to cover attorney fees. Additionally, defendants who violate protective orders may be subject to fines of up to $2,500.

Can You Cancel A Restraining Order In Virginia?

Yes. According to Virginia Code § 19.2-152.10(H), plaintiffs and defendants can submit motions to presiding courts to modify or dismiss protective orders. If the plaintiff submits a motion to dissolve, it will take precedence and can be dismissed ex parte (without the defendant's involvement) with or without a hearing.