Virginia Restraining Order Laws (2026): How to Get a Protective Order

In Virginia, protective orders for domestic or household abuse are called Protective Orders and come in three tiers: an Emergency Protective Order (EPO), a Preliminary Protective Order, and a Final Protective Order. Qualifying family and household members can obtain an EPO at any hour without a hearing, and a Final Protective Order can last up to two years. Filing and service are free under Virginia law.

If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).

Types of restraining orders in Virginia

Virginia courts issue protective orders under two main tracks.

The first is the family-abuse protective order framework under VA Code 16.1-279.1, which is available to family and household members. This track operates in three tiers. An Emergency Protective Order (EPO) can be issued at any hour without a hearing by any magistrate or judge. A Preliminary Protective Order is issued by a court after a petition is filed. A Final Protective Order is issued after a full hearing where both parties have the opportunity to appear.

The second track covers acts of violence, force, or threat against any person, governed by VA Code 19.2-152.8. This track does not require any family or household relationship. A victim of stalking, sexual assault, or violent threats by a coworker, neighbor, or stranger can seek protection through this route. The same three-tier structure (emergency, preliminary, final) applies to both tracks. The two tracks are heard in different courthouses: family-abuse petitions go to the Juvenile and Domestic Relations District Court, while petitions under the violence, force, or threat track go to the General District Court.

Who can get a restraining order in Virginia?

To qualify for a family-abuse protective order under VA Code 16.1-279.1, you must be a family or household member of the respondent. Virginia law defines that term to include:

• Spouses and former spouses
• Parents, stepparents, children, and stepchildren
• Siblings, half-siblings, grandparents, and grandchildren
• In-laws (mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law) who currently reside in the same home as the respondent
• Persons who share a child in common with the respondent
• Persons who cohabited with the respondent within the preceding 12 months
• A legal custodian of a juvenile
• An intimate partner, defined as someone who within the previous 12 months was in a romantic, dating, or sexual relationship with the person, judged by the length, nature, frequency, and type of interaction

Virginia's cohabitation window extends back only 12 months, but cohabitation is not the only route for a partner. The definition in VA Code 16.1-228 also covers an intimate partner, so a dating partner who never lived with the respondent can seek a family-abuse protective order under VA Code 16.1-279.1. If you have no qualifying relationship at all, the protective order under VA Code 19.2-152.8 is available to any person who has experienced an act of violence, force, or threat, with no relationship requirement.

How to file for a restraining order in Virginia

Where you file depends on your relationship to the respondent. A family-abuse protective order is filed in the Juvenile and Domestic Relations District Court. A protective order based on an act of violence, force, or threat where there is no family or household relationship is filed in the General District Court, as Virginia's official court self-help site sets out. There is no filing fee on either track. Emergency Protective Orders, however, are not filed by petitioners; they are issued directly by a magistrate or judge, often at the request of a law enforcement officer responding to a domestic violence call.

For a Preliminary or Final Protective Order, you file a petition with the court. The petition describes the acts of abuse or threats you experienced. Court clerks can provide forms, and many local domestic-violence organizations have advocates who can assist you at no cost. You do not need an attorney to file, but for the Final Protective Order hearing you can get a free case evaluation from a Virginia family lawyer about representing you when both sides appear (attorney advertising).

Virginia law itself makes the process free. VA Code 16.1-279.1 provides that no fee shall be charged for filing or serving any petition or order under that section, and VA Code 19.2-152.9 applies the same rule to the non-family track. That is not the whole cost picture, because the same section lets the court assess costs and attorney fees against either party after a full hearing. Sheriff's deputies serve the respondent with notice of the order.

Temporary vs. final orders: how long they last

Virginia's three-tier protective order system gives victims layered protection from the moment a call is made to law enforcement through a final court order.

An EPO under VA Code 16.1-253.4 is a short-duration emergency measure. It is issued without any hearing, often the same night as a domestic violence incident, and is valid for roughly three days to give the victim time to seek a Preliminary Protective Order from the court.

A Preliminary Protective Order (PPO) is issued by the court on a petition. If there is immediate danger, the court can issue the PPO without first notifying the respondent. A full hearing must then be scheduled and held within 15 days. The PPO remains in effect until that hearing.

After the hearing, if the court finds that family abuse occurred, it issues a Final Protective Order that lasts up to two years. If the respondent was already subject to a prior order under VA Code 16.1-279.1 within the preceding 10 years, the court has discretion to issue the order for a specified period up to a maximum of four years. Regardless of the initial duration, the court may extend the order for additional two-year periods upon a showing that protection remains necessary.

Firearms and a Virginia protective order

Virginia law specifically prohibits a person who is subject to a protective order from purchasing or transporting firearms. Under VA Code 18.2-308.1:4(A), purchasing or transporting a firearm while subject to a protective order is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500.

Virginia imposes a more serious penalty for possession. Under VA Code 18.2-308.1:4(B), knowingly possessing a firearm while subject to a final protective order issued under VA Code 16.1-279.1 or VA Code 19.2-152.10 is a Class 6 felony, punishable by up to five years in prison. The statute provides a 24-hour window for the respondent to surrender, sell, or transfer any firearms after being served with the order before the possession prohibition takes effect. These are two distinct offenses with different penalty levels.

In addition, a qualifying Final Protective Order triggers the federal firearm ban under 18 U.S.C. 922(g)(8). The federal ban applies when the final order was issued after notice and a hearing, restrains the respondent from harassing, stalking, or threatening an intimate partner or household member, and finds a credible threat or explicitly prohibits use of physical force. Under the federal ban, the respondent may not possess or purchase any firearm or ammunition for the duration of the order. Violation of the federal ban can result in federal criminal prosecution.

Virginia's protective order system allows courts to include firearm-surrender provisions in the order. If you believe the respondent has access to firearms, you can request that the court specifically address surrender in the order and discuss the matter with a domestic-violence advocate or attorney before your hearing.

What happens if someone violates the order?

Violating a Virginia protective order is a criminal offense under VA Code 16.1-253.2. A first violation is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. Several independent grounds elevate any violation to a Class 6 felony, which can result in up to five years in prison: (1) being knowingly armed with a firearm or other deadly weapon during any violation of the order; (2) committing an assault and battery upon a protected party that results in bodily injury; (3) stalking any protected party in violation of VA Code 18.2-60.3; (4) furtively entering the home of a protected party while they are present, or entering and remaining until they arrive; or (5) a third or subsequent violation committed within 20 years of a first conviction when either the current or a prior offense involved an act or threat of violence. Importantly, triggers (1) and (3) (being armed and stalking) do not require a prior conviction to elevate the charge.

Law enforcement officers can arrest a respondent on probable cause that a protective order has been violated. If the respondent violates the order in any way, whether by making contact, coming near you, or appearing at a prohibited location, call 911 immediately. Do not attempt to handle the violation yourself. Document each violation with notes, screenshots of messages, and the names of any witnesses, and report every incident to law enforcement. You can also return to the court that issued the order, the Juvenile and Domestic Relations District Court for a family-abuse order or the General District Court for an order based on an act of violence, force, or threat, to report the violation and request enforcement or modification of the order.

This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.

For an overview of how protective orders work across all 50 states, visit our Restraining Order Laws by State hub.

Virginia's one-party consent recording law may be relevant if you are documenting threats or harassment as part of a protective order case. See our Virginia recording law page for details.

More Virginia Laws

• Virginia Child Custody Laws
• Virginia Divorce Laws
• Virginia GPS Tracking Laws
• Virginia Self-Defense Laws

Frequently Asked Questions

How do I get a restraining order in Virginia?

Virginia issues protective orders in three tiers. An Emergency Protective Order can be issued by a magistrate at any hour without a hearing. A Preliminary Protective Order requires you to file a petition, in the Juvenile and Domestic Relations District Court if the respondent is a family or household member and in the General District Court if not; a hearing must be held within 15 days. A Final Protective Order is issued after a full hearing where both parties may appear.

How long does a restraining order last in Virginia?

An Emergency Protective Order lasts until the third day after issuance. A Preliminary Protective Order stays in effect until the court hearing (within 15 days). A Final Protective Order lasts up to two years, or up to four years if the respondent was subject to a prior order under VA Code 16.1-279.1 within the preceding 10 years. The court may extend a Final Protective Order for additional two-year periods upon a finding that continued protection is needed.

How much does a restraining order cost in Virginia?

Filing for a protective order in Virginia is free. VA Code 16.1-279.1 provides that no fee shall be charged for filing or serving any petition or order under that section, and VA Code 19.2-152.9 carries the same rule for orders based on an act of violence, force, or threat. After a full hearing the court may still assess costs and attorney fees against either party.

Can I get a restraining order without a police report?

Yes. You can file a petition for a Preliminary or Final Protective Order directly with the court without having filed a police report. A police report can support your petition but is not required. Emergency Protective Orders are typically requested by officers who respond to an incident.

Does a restraining order take away gun rights in Virginia?

Yes, on two levels. First, VA Code 18.2-308.1:4(A) makes it a Class 1 misdemeanor to purchase or transport a firearm while subject to a protective order. Second, VA Code 18.2-308.1:4(B) makes it a Class 6 felony (up to 5 years in prison) to knowingly possess a firearm while subject to a final protective order issued under VA Code 16.1-279.1 or VA Code 19.2-152.10, so the felony rule reaches the non-family track too. A qualifying Final Protective Order also triggers the federal ban under 18 U.S.C. 922(g)(8), which independently prohibits possession or purchase of any firearm or ammunition.

What happens if the abuser violates the order?

Violation of a Virginia protective order is a criminal offense under VA Code 16.1-253.2: a Class 1 misdemeanor for a basic first violation. The charge escalates to a Class 6 felony on any of several independent grounds: being armed with a firearm or deadly weapon during any violation; committing assault and battery resulting in bodily injury; stalking a protected party; furtively entering the protected party's home; or a third or subsequent violation within 20 years involving an act or threat of violence. Call 911 immediately, document every violation, and report it to the court.

What is the difference between an Emergency Protective Order and a Final Protective Order in Virginia?

An Emergency Protective Order (EPO) is issued by a magistrate or judge at any hour, lasts roughly three days, and requires no hearing. A Final Protective Order is issued by a judge after a full hearing where both parties appear, and lasts up to two years with the option to extend.