When someone calls the police about domestic violence, Virginia's protective orders affect everyone involved. The state has three different kinds of orders, and each works differently depending on what's happening and how much protection someone needs. If you're dealing with this situation, our Chesapeake criminal defense lawyer can help you figure out your next steps and protect your rights during this difficult time.
Emergency Protective Orders
Emergency protective orders represent the most immediate form of legal protection available in Virginia domestic violence cases. These no contact orders can be issued quickly when law enforcement responds to domestic violence incidents.
Immediate Protection
Emergency protective orders under Virginia Code § 16.1-253.4 provide immediate but temporary protection when domestic violence has occurred or is threatened. A magistrate, judge, or law enforcement officer can issue these orders without the alleged victim being present.
Emergency protective orders take effect immediately upon issuance and typically last until the next business day when courts are open, but no longer than 72 hours. These orders prohibit the accused person from contacting the protected person, going to their home or workplace, or committing acts of family abuse. The order covers family or household members, including current or former spouses, individuals in dating relationships, and people who share a child together.
How to Obtain
Law enforcement officers can initiate emergency protective orders during domestic violence calls. When police officers respond to an incident, they can contact a magistrate by phone or in person to request the order. The process happens quickly, often within hours of the initial incident. No court appearance is required for the protected person during this initial stage.
How to Contest
With only 72 hours before an emergency protective order expires, anyone facing domestic violence accusations must act fast. Ask witnesses to write down what they saw, take photos of relevant locations or objects, and pull together receipts, GPS data, or other records showing where you were when the incident supposedly occurred.
Preliminary Protective Orders
Preliminary protective orders offer extended protection beyond the brief duration of emergency orders. These orders bridge the gap between immediate safety concerns and permanent legal remedies.
Up to 15 Days of Protection
Virginia Code § 16.1-253.1 allows preliminary protective orders to stay in effect for 15 days, though judges sometimes grant extensions when there's a good reason. These aren't like emergency orders that police can get right away. Rather, you have to go through the court system and fill out paperwork. A judge will look over your situation before deciding whether to grant protection from an abusive family member, stalker, or someone threatening violence.
How to Obtain
Getting a preliminary protective order starts at the courthouse, where you must fill out paperwork that spells out what happened. The forms ask for details about the alleged abuse, any threats made, or stalking incidents you've experienced. If you have police reports from when officers responded to your calls, bring those along. Photos of bruises, damaged property, or threatening text messages can strengthen your case when the judge reviews your request.
How to Contest
Contesting a preliminary protective order requires appearing at the scheduled hearing. The respondent can present witnesses, documents, and testimony to challenge the allegations.
Consider David, whose ex-wife filed for a preliminary protective order claiming he threatened her during a custody exchange. David's attorney presented testimony from the court-appointed child supervisor who witnessed the exchange, along with text messages showing the ex-wife's attempts to manipulate the situation.
Permanent Protective Orders
Permanent protective orders provide the most comprehensive and longest-lasting protection available under Virginia law. These orders result from full court hearings where both parties present evidence and arguments.
Up to Two Years of Protection
Permanent protective orders under Virginia Code § 16.1-279.1 can last up to two years and provide extensive protection against family abuse. Despite the name "permanent," these orders have specific time limits that can be renewed. The court can issue these orders only after a full hearing where both parties have the opportunity to present evidence.
How to Obtain
Obtaining a permanent protective order requires presenting evidence at a full court hearing. The petitioner must prove by a preponderance of the evidence that family abuse has occurred and is likely to occur again. The petitioner should gather comprehensive evidence, including police reports, medical records, photographs, and witness testimony. The hearing allows both parties to present evidence, call witnesses, and cross-examine the other party.
How to Contest
Contesting a permanent protective order requires a comprehensive defense strategy presented at the full hearing. The respondent can challenge the credibility of allegations, present alternative explanations for incidents, and demonstrate why the order is unnecessary or inappropriate.
Imagine Robert's ex-girlfriend sought a permanent protective order claiming he stalked her after their breakup. Robert's attorney presented evidence showing the ex-girlfriend initiated most contact, including inviting him to social events and sending romantic messages.