Virginia Restraining Order Laws (2026): How to Get a Protective Order
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 is free under federal 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.
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, grandparents, and grandchildren
- In-laws (persons related to the respondent by blood or marriage)
- Persons who share a child in common with the respondent
- Persons who cohabited with the respondent within the preceding 12 months
Unlike some states, Virginia's cohabitation window extends back only 12 months. If your cohabitation with the respondent ended more than 12 months ago and you have no other qualifying relationship, you may be better served by the general protective order under VA Code 19.2-152.8, which 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
Protective orders in Virginia are filed in the Juvenile and Domestic Relations District Court. There is no filing fee for a domestic violence protective order. 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, though legal representation is helpful for the Final Protective Order hearing.
Under the federal Violence Against Women Act, the court cannot charge a filing fee or service fee for a domestic violence protective order. 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.
| Order Tier | How Issued | Duration |
|---|---|---|
| Emergency Protective Order (EPO) | By any magistrate or judge, no hearing, any hour | Until the 3rd day after issuance (extended to next court day if that falls on a non-court day) |
| Preliminary Protective Order | By court after petition is filed; ex parte if immediate danger shown | Until the hearing, which must be held within 15 days |
| Final Protective Order | After a full hearing with notice to respondent | Up to 2 years (up to 4 years if respondent had a prior order within 10 years); extendable for additional 2-year periods |
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 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 Juvenile and Domestic Relations District Court 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.
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- Virginia Car Seat Laws
- Virginia Child Custody Laws
- Virginia Child Support Laws
- Virginia Common Law Marriage Laws
- Virginia Data Privacy Laws
- Virginia Divorce Laws
- Virginia Dog Bite Laws
- Virginia Emancipation Laws
- Virginia Expungement Laws
- Virginia Hit and Run Laws
- Virginia Landlord-Tenant Laws
- Virginia Lemon Laws
Sources
- VA Code 16.1-279.1 (Final Protective Order - Family Abuse) - Virginia Legislative Information System
- VA Code 16.1-253.4 (Emergency Protective Orders) - Virginia Legislative Information System
- VA Code 16.1-253.1 (Preliminary Protective Orders) - Virginia Legislative Information System
- VA Code 18.2-308.1:4 (Firearms and Protective Orders) - Virginia Legislative Information System
- Virginia Courts: Protective Orders Self-Help - Virginia Supreme Court
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.