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How do I get a restraining order in Virginia?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Virginia uses a three-tier protective order system.

1. Types of Protective Orders

  • Emergency Protective Order (EPO) — Va. Code § 16.1-253.4 (family abuse) and § 19.2-152.8 (non-family).
  • Preliminary Protective Order (PPO) — § 16.1-253.1 (family) and § 19.2-152.9 (non-family).
  • Full/Permanent Protective Order — § 16.1-279.1 (family) and § 19.2-152.10 (non-family).
  • Substantial Risk Order (red flag) — § 19.2-152.13.
  • No statewide workplace violence statute — pursued via § 19.2-152.10 if conduct qualifies.

    • 2. Eligibility

    Family abuse requires "family or household member" (§ 16.1-228): spouse, former spouse, parents, stepparents, children, in-laws living in same residence, persons with a child in common, persons who have cohabited within 12 months, individuals in a present or former dating relationship. Non-family orders need no relationship.

    3. Filing

    EPOs issued by magistrates 24/7 (often at request of police). PPO and Full Orders filed in Juvenile and Domestic Relations Court (family) or General District Court (non-family). No filing fee for family abuse (§ 16.1-69.48:5).

    4. Emergency / Ex Parte

    EPO requires probable cause of family abuse and danger of further acts; lasts 72 hours (extends to next business day if it falls on weekend/holiday). PPO requires reasonable apprehension of harm; ex parte hearing same day; lasts up to 15 days until full hearing.

    5. Full Hearing

    Within 15 days of PPO. Preponderance standard. Respondent personally served. Both parties present testimony, evidence; cross-examination allowed.

    6. Permanent Order Duration

    Up to 2 years (§ 16.1-279.1(B)); may be extended for additional 2-year periods on motion.

    7. Enforcement

    Violation is Class 1 misdemeanor under § 16.1-253.2 (up to 12 months jail and $2,500 fine); third violation within 20 years is Class 6 felony. Arrest mandatory on probable cause. Federal firearm prohibition under 18 U.S.C. § 922(g)(8); Virginia state prohibition under § 18.2-308.1:4.

    8. Modification / Dissolution

    Either party may motion to dissolve or modify under § 16.1-279.1(D); court evaluates safety and changed circumstances.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent contests the full hearing with counsel
    • Custody or visitation is being adjudicated within the order
    • Concealed handgun permit or military firearm rights are at stake
    Related Statutes & Laws
    • Va. Code § 16.1-253.1
    • Va. Code § 16.1-253.4
    • Va. Code § 16.1-279.1
    • Va. Code § 19.2-152.10
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.