Child Custody & Visitation
A protective order can set temporary custody, and a history of abuse affects the longer-term decision. See how Virginia decides custody under the best-interests factors.
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Virginia Protective Order & Domestic Violence Lawyers
Whether you need protection from someone who has hurt or threatened you, or you have been served with a protective order and need to respond, the stakes are real and the timeline is short. Jacob and Drew help Metro Richmond families get emergency, preliminary, and full protective orders in place, and defend people facing an order, in the Juvenile and Domestic Relations courts.
We respond the same business day. Protective order hearings move fast, so the sooner we talk, the more we can do.
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Midlothian, Virginia
Same-day response
If you are in immediate danger, call 911 now. For confidential help any time, the National Domestic Violence Hotline is 1-800-799-7233. This page is for information, not an emergency service.
The short answer
How long does a protective order last in Virginia?
Virginia protective orders come in three levels, and each lasts a different amount of time. The first is meant to keep you safe in the first hours, the second holds until a hearing, and the third is the long-term order.
Level 1
Emergency Protective Order
Up to about 72 hoursIssued fast, often after hours by a magistrate or judge at the request of police or a victim. It expires at 11:59 p.m. on the third day after it is issued, or the next day the court is open if that falls on a weekend or holiday.
Level 2
Preliminary Protective Order
Until the hearing (within 15 days)Granted based on your sworn statement when you file your petition, usually without the other person present. It stays in effect until a full hearing, which the court must hold within 15 days.
Level 3
Full Protective Order
Up to 2 years (renewable)Entered after a hearing where both sides can be heard. It can last up to two years, or up to four years if the other person had a prior order within the past 10 years, and it can be extended with no limit on renewals.
Start here
What a protective order does, and who can get one
A protective order is a court order that tells one person to stop abusing, threatening, or contacting another, and it can do much more than say "stay away." In Virginia, a family abuse protective order is a civil order, but violating it is a crime, which is what gives it real force.
Most family protective orders are based on family abuse. Under Virginia law, family abuse is any act of violence, force, or threat, including forceful detention, committed by a family or household member that results in bodily injury or that puts a person in reasonable fear of death, sexual assault, or bodily injury. You do not have to be physically hurt to qualify. A credible threat that makes you genuinely afraid can be enough, and the order does not require anyone to be arrested or criminally charged first.
Protective orders reach far beyond married couples. Virginia defines family or household member broadly, so an order may be available if the other person is:
- A current or former spouse.
- Someone you share a child with, whether or not you were ever married or lived together.
- Someone you live with now, or have lived with within the past year.
- A parent, child, sibling, grandparent, grandchild, or in-law who lives in your home or has within the past year.
Once entered, a protective order can order no contact of any kind, remove the other person from a home you share, grant you temporary custody and set visitation, let you keep a shared vehicle or a companion animal, and require the other person to stay away from your work and your children's school. Family abuse protective orders are heard in the Juvenile and Domestic Relations District Court, and there is no filing fee.
A common question
Is there a permanent protective order in Virginia?
People often search for a permanent protective order, and it is worth being honest about what Virginia actually offers. In most cases there is no truly permanent, lifetime order. The longest order Virginia issues is the full protective order, which lasts up to two years. If the person the order is against was subject to a prior protective order within the past 10 years, the court can make the new order last up to four years.
What makes protection effectively long-term is the right to renew. Before a full order expires, the protected person can ask the court to extend it, and Virginia law puts no limit on the number of extensions a court can grant. In practice that means an order can be renewed again and again for as long as protection is still needed, so while the paperwork is not stamped "permanent," the protection can continue for years.
Timing matters on renewals. An extension should be requested before the current order expires, not after. If your order is coming up on its end date and you still feel unsafe, it is far better to file for an extension early than to let the order lapse and start over. We help protected clients calendar and file these renewals so coverage does not have a gap.
Step by step
How to file for a protective order in Virginia
If you are seeking protection from family abuse, here is what the process looks like from start to finish. You do not need a lawyer to file, and there is no filing fee, but having someone prepare your evidence and speak for you at the hearing can make a real difference in the result.
Get to safety first
If you are in immediate danger, call 911. Police can request an emergency protective order on the spot, day or night, which protects you for about 72 hours while you take the next step.
File your petition
Go to the Juvenile and Domestic Relations District Court where you live, where the other person lives, or where the abuse happened. You fill out a petition describing what happened. There is no cost to file.
Ask for a preliminary order
When you file, you can request a preliminary protective order. A judge can grant it the same day, based on your sworn statement, usually without the other person there, and it protects you right away.
Prepare for the full hearing
The court sets a full hearing within 15 days. Both sides can appear, bring evidence, and call witnesses. This is where a judge decides whether to enter a full protective order lasting up to two years.
The full hearing is the moment that matters most, because it is where the long-term order is won or lost. Photos, texts, medical records, police reports, and witnesses all carry weight, and how they are presented matters. If the other person does not appear after being served, the court can still enter an order. If you are the one asking for protection, do not walk into that hearing alone if you can avoid it.
For the other side
Served with a protective order? What to do now
A protective order can be entered against you based on one person's sworn account, before you have said a word. If you have been served, the order is real, it is in effect immediately, and the worst thing you can do is ignore it or try to explain yourself directly to the other person.
A protective order is not a criminal conviction, but it can reshape your life quickly. It can force you out of your own home, limit or suspend contact with your children, bar you from possessing a firearm, and show up on background checks. And while the order itself is civil, violating it is a crime, so even a well-meaning text or a stop by the house to get your things can turn into a criminal charge.
Here is what protects you between now and the hearing:
- Follow every term of the order to the letter, even the ones you think are unfair. Do not contact the petitioner, directly or through friends, family, or social media.
- Do not go to the shared home, workplace, or school the order names, even to collect belongings. A lawyer can arrange a supervised or law-enforcement-assisted retrieval.
- Save your evidence. Texts, call logs, photos, and the names of witnesses who can speak to what really happened can change the outcome at the hearing.
- Get advice before the hearing, not the morning of. The full hearing within 15 days is your one clear chance to present your side and keep a two-year order off your record.
We represent respondents at these hearings across Metro Richmond. Sometimes that means contesting the order with evidence, and sometimes it means negotiating terms that keep you protected too, especially where children and a shared home are involved. Either way, you should not face it without knowing your options.
We handle both sides
Whether you need protection or you are responding to an order
Protective order cases have two sides, and we represent each of them with the same preparation and care.
If you need protection
Seeking an order
We move quickly to get emergency and preliminary protection in place, then build the case for a full order at the hearing.
- Filing and emergency and preliminary orders
- Organizing evidence, records, and witnesses
- Presenting your case at the full hearing
- Temporary custody and exclusive use of the home
- Extending the order before it expires
If you have been served
Responding to an order
We help you avoid a costly misstep before the hearing and give you a real chance to be heard when it counts.
- Explaining exactly what the order allows and forbids
- Contesting the order with evidence and witnesses
- Protecting your parenting time and firearm rights
- Arranging a safe, lawful way to retrieve belongings
- Negotiating workable terms where children are involved
What an order reaches
How a protective order affects custody, firearms, and your record
A protective order is not just a piece of paper that says "stay away." It can touch some of the most important parts of your life, which is why both sides should take the hearing seriously.
Custody and your children
A protective order can include temporary custody and visitation terms for minor children while it is in effect. Beyond that, a finding of family abuse is something a judge can weigh later when deciding longer-term custody, because Virginia courts consider any history of family abuse among the best-interests factors. For both parents, what happens in a protective order case can echo into the custody case that follows.
Firearms
Under Virginia law, a person subject to a protective order may not purchase or transport a firearm while the order is in effect, and must lawfully part with any firearm they already possess within 24 hours of being served. This is a serious, time-sensitive obligation, and getting it wrong is itself a crime. If you have been served and own firearms, this is one of the first things to handle correctly.
Violations are a separate crime
The reason a protective order carries weight is that breaking it is a criminal offense, not just a civil problem. A first violation is generally a Class 1 misdemeanor, and repeat or aggravated violations, including those involving an assault or entering a protected home, can bring mandatory jail time and even felony charges. If you are protected by an order and it is violated, call the police and then call us. If you are subject to one, this is exactly why following every term matters.
Not a family member?
Protective orders when the other person is not family
Not every protective order involves a family or household member. Virginia also allows protective orders for acts of violence, force, or threat, which covers situations like stalking, assault, or threats from a stranger, an acquaintance, a neighbor, or a coworker, where there is no family relationship.
These orders work much like family abuse orders and follow the same three levels and timelines: an emergency order that lasts about 72 hours, a preliminary order that holds until a hearing within 15 days, and a full order that can last up to two years. The main difference is where the case is heard. Family abuse orders go to the Juvenile and Domestic Relations District Court, while these general protective orders are handled in the General District Court.
Our focus is family abuse protective orders, which is where most of our clients need help, but if your situation falls on the general side or you are not sure which category fits, we can point you in the right direction and tell you honestly whether it is something we handle or whether another resource is a better fit.
Keep reading
Related family law topics
Protective orders rarely stand alone. These resources cover what often comes next.
Who handles your case
Two partners and a dedicated team.
Jacob and Drew personally lead every matter alongside their paralegal. The people you meet are the people preparing your evidence and standing with you in court, not a name on the door.
Jacob E. Smith
Managing Partner
With over fourteen years of family law experience, handling protective order matters on both sides, from emergency filings and full hearings to defending clients served with an order and protecting their custody and firearm rights.
Full bio
Drew Ashcraft
Partner
Licensed in Virginia since 2022, Drew brings a steady, detail-driven approach to protective order cases, preparing the evidence and witnesses that decide a full hearing and helping clients navigate the fast timeline with a clear plan.
Full bio Common questions
Virginia protective orders, answered.
It depends on the type. An emergency protective order lasts a short time, expiring at 11:59 p.m. on the third day after it is issued, or the next day the court is in session if that day falls on a weekend or holiday. A preliminary protective order lasts until a full court hearing, which must be held within 15 days.
A full protective order can last up to two years, and up to four years if the respondent was subject to a prior protective order within the past 10 years. A full order can also be extended, and there is no limit on the number of extensions a court can grant.
Virginia does not issue a truly permanent, lifetime protective order in most cases. The longest order is the full protective order, which lasts up to two years, or up to four years if the respondent had a prior order in the past 10 years.
What makes protection effectively long-term is the right to renew. Before a full order expires, the protected person can ask the court to extend it, and Virginia law places no limit on the number of extensions, so an order can be renewed again and again as long as protection is still needed.
For family abuse, you file a petition in the Juvenile and Domestic Relations District Court in the city or county where you live, where the respondent lives, or where the abuse happened. If you are in immediate danger, a magistrate or law-enforcement officer can request an emergency protective order right away, even after hours.
When you file the petition you can ask for a preliminary protective order, which a judge can grant the same day based on your sworn statement, and the court will set a full hearing within 15 days where both sides can present evidence. There is no filing fee for a family abuse protective order, and you do not need a lawyer to file, though having one helps you prepare evidence and present your case.
Under Virginia law, family abuse is any act of violence, force, or threat, including forceful detention, committed by a family or household member that results in bodily injury or places a person in reasonable fear of death, sexual assault, or bodily injury. It does not require a physical injury; a credible threat can be enough.
Family or household member is defined broadly and includes current and former spouses, people who have a child together, people who live together or have lived together in the past year, and certain relatives, so protective orders are available in many relationships beyond marriage.
If you are served with a preliminary protective order, it takes effect immediately and a full hearing will be set within 15 days. You must follow every term of the order, even one you believe is unfair, because violating a protective order is a separate crime.
A protective order can also require you to leave a shared home, affect contact with your children, and prohibit you from possessing a firearm while it is in effect. The hearing is your opportunity to tell your side, present evidence and witnesses, and ask the court not to enter a full order. It is worth talking to a lawyer well before that date.
Yes to both. A protective order can include temporary custody and visitation terms for minor children, and a finding of family abuse is something a court can weigh later when it decides longer-term custody under the best-interests factors.
On firearms, a person subject to a protective order may not purchase or transport a firearm while the order is in effect and must lawfully part with any firearm they already have within 24 hours. Doing otherwise is a crime. Because a protective order can reach your home, your children, and your rights, both the person seeking protection and the person responding to an order benefit from legal advice.
Tell us about your situation.
Whether you are seeking protection or you have been served with an order, the more you share, the more useful our callback will be. Everything you tell us is confidential, and we respond within one business day. Because protective order hearings move fast, please tell us if you already have a court date.
If you are in immediate danger, please call 911 first. For confidential help any time, the National Domestic Violence Hotline is (800) 799-7233.
Thanks. We've got it.
A member of our team will reach out within one business day. If your matter is urgent or you have a court date coming up, please call (804) 773-1751 . If you are in immediate danger, call 911.
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