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A protective order (sometimes called a restraining order) is a court order requiring the respondent to do or not do certain things to protect the health and safety of the petitioner.
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
A protective order is about physical safety and protection from further abuse. To get a protective order, the petitioner must show there has been some act of violence, force, or threat of physical harm in the recent past that makes it necessary to protect the petitioner in the future.
A protective order is not the proper tool to address issues such as money, property, immigration, or infidelity. If someone has concerns for other aspects of their safety, they can speak with an advocate by calling the Domestic Violence Action Center (DVAC) at (703) 246-4573.
What Can a Protective Order Do?
All protective orders can order the respondent to:
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
An interpreter helps two people who do not speak the same language communicate with each other. To interpret is the act of listening to a spoken language and orally converting it to a second language while keeping the same meaning. An interpreter helps people who speak different languages understand each other. The interpreter must repeat exactly what is said without leaving anything out, changing the meaning, shortening it, or adding explanations. The interpreter cannot provide legal advice.
All interpretation services are free.
If a petitioner needs a protective order but does not speak English, the petitioner should call the Clerk’s Office whenever possible to make an appointment at least 24 hours in advance requesting an interpreter. If someone walks into the Clerk’s Office without an interpreter, the Clerk’s Office will attempt to secure an interpreter using Language Line to explain the protective order packet to the client.
The petitioner must fill out the packet in English. An interpreter may fill out the form for the petitioner in English, but this is not guaranteed. There is a computer on the first floor of the courthouse that can translate some of the needed forms from Spanish to English. It cannot translate the affidavit from Spanish to English.
To request an interpreter for the court hearing, the petitioner, or someone helping them file, will fill out a request form for the interpreter. The Clerk’s office will then request the interpreter.
If the petitioner speaks English but has a witness who needs an interpreter, the petitioner will need to request one at the interpreter request window of the Clerk’s Office, Room 211, on the second floor of the Courthouse. The petitioner may also request an interpreter by sending an email with the completed form.
Interpreters are required to follow a set of rules and ethics for how they provide interpretation services. The interpreter must say only what is being said by the court staff member or the judge and the client. They cannot provide their own opinion about what is being said or what the client should do. What the petitioner tells the interpreter is confidential, and the interpreter cannot take the “side” of the petitioner, the respondent, or the person for whom they are interpreting. If the petitioner knows the interpreter, they should let a court staff member know. The court staff member will then tell the petitioner what will happen next to find a new interpreter or address the issues.
If the petitioner is not satisfied or comfortable with their interpreter at any point, they can let a court employee know or email the Clerk’s Office stating their complaint.
Find more information on requesting interpreters or email the completed form to GDCinterpreter@fairfaxcounty.gov.
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
Someone can file for an EPO at any time of the day, 24/7. The emergency protective order process is walk-in only; a person filing does not need an appointment. Allow at least one hour to complete this process. If the magistrate’s office is busy, it could take several hours.
An emergency protective order (EPO) generally lasts up to 72 hours and does not go into effect until the other party/person is served with the protective order by a law enforcement officer. It is different from a preliminary protective order (which can last up to two weeks) or a final protective order (which can last up to two years). Only an adult victim can seek an EPO for themselves. If the person needing an EPO is a child under 18 years of age, a parent, legal guardian, or person standing in as a guardian or parent can ask for an EPO on the child’s behalf. Otherwise, a third party cannot seek an EPO for another person.
An EPO is for emergencies and requires that an arrest warrant is also issue by the magistrate for OR that there is probable danger of more abuse. If the petitioner does not qualify for an EPO, they may still qualify for a preliminary protective order (PPO).
An EPO is not required to ask for a preliminary protective order. A preliminary protective order can go into effect after an EPO and lasts for up to two weeks until there is a hearing to determine if a final protective order should be entered. If the court is open, it may be better to seek a preliminary protective order directly.
A victim of violence can file for an EPO at the magistrate’s office, which has two locations:
Main location:
10520 Judicial Drive
Fairfax, VA 22030
The magistrate’s office entrance is directly next to the adult detention center. This location is open 24 hours a day, seven days a week, 365 days a year.
Main line: 703-246-2178
South County location:
Mt. Vernon District Station
2511 Parkers Lane
Alexandria, VA 22306
Enter the main lobby of the Mt. Vernon Station and ask the officer on duty at the information desk for the magistrate’s office.
The magistrate is on duty from 10-4 a.m.
Magistrate’s Office: 703-780-8580.
Call first to confirm a magistrate is there: 703-360-8400.
When the person goes to file for the EPO with the magistrate, they should bring:
If there was a witness, they can go with the person filing the EPO to testify to what they saw. The person filing should be ready to write the reason why they are asking for the emergency protective order. If the person filing cannot write out the reason for the EPO, they should bring someone with them who can help them complete the form.
The petitioner will need to fill out paperwork for the protective order. If English is not the petitioner’s first language, interpreters are available. A magistrate cannot help fill out a request for the EPO.
The magistrate will review the written statement and ask any follow-up questions to decide if there is a reason to issue the order. A magistrate can speak to any witnesses present or review any other evidence the petitioner would like the magistrate to consider.
If the EPO is issued, the magistrate will give the petitioner a copy of the order. They should keep it with them at all times while it is in effect. The EPO must be served on the respondent, usually by a police officer or sheriff’s deputy, and it will not be effective until it is served on the other person.
More information about the magistrate’s office on the following websites:
Magistrate | Topics (fairfaxcounty.gov)
Fairfax County Magistrate's Office Contact Information
https://www.vacourts.gov/forms/district/info_sheet_protective_order_stalking.pdf
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
A preliminary protective order (PPO) is a short-term, temporary protection order. This is the first step a victim must take before they can get a longer-lasting protection order, which can last up to two years. A PPO is given in a hearing where the person it is against (the respondent) does not have to be present. This type of hearing is called an ex parte hearing.
Preliminary protective orders (PPOs) can be filed either in person or remotely/virtually.
Preliminary protective orders are obtained between 8:00 AM- 3:30 PM at the Fairfax County Courthouse in Room 211, Civil Division:
4110 Chain Bridge Rd
Room 211
Fairfax, VA 22030
The person filing for the PPO can request a free interpreter if they do not speak English fluently. For more information, see the section on Interpreters.
The person filing can speak with a victim advocate to support them in the filing process, to help create a safety plan, and to provide resources. The victim advocate is not an attorney but can accompany the individual filing to court. A victim advocate is available either at the Courthouse Self Help Resource Center, located in the Law Library, or at the Domestic Violence Action Center (DVAC) located at the Historic Courthouse within the Public Safety Complex at:
4000 Chain Bridge Rd
Fairfax, VA 22030
Please call DVAC at 703-246-4573 for schedule and availability of the victim advocate.
The petitioner has the option to file in person or virtually/remotely. Filing usually takes about one hour but may take longer. If the petitioner chooses to file at the courthouse, they will be at the courthouse for a longer period.
It is very important to include in the petition as much information as possible about the respondent’s location (home address, work address, other addresses where they might stay) so the sheriff’s deputy can serve them the PPO. The PPO will not go into effect or be enforceable until it is served on the respondent. If the petitioner knows or believes the respondent is currently at the Fairfax County Adult Detention Center, the petitioner should let the Clerk’s Office know when they file. If the petitioner is in a different jail, they should include the name of the jail on the petition. Petitioners can include household members on the protective order.
The petitioner will need to write an affidavit with their protective order. An affidavit is a written statement that tells the judge what happened between the petitioner and respondent and why the petitioner feels they need the protective order. The petitioner must swear everything they write in the affidavit is true.
Once the petitioner files the protective order, the Clerk’s Office will take the petition to a judge to review the same day. The length of time someone might have to wait depends on how busy the judges are that day.
If the judge grants the PPO, the sheriff will receive a copy of the order. They will attempt to give the order to the respondent; this is called service. Learn more about the service of the protective order here (link to section on service). The protective order is not in effect until the respondent has been served.
The Clerk’s Office will schedule a court hearing within 15 days from the day the petitioner files the PPO, if the PPO is granted. If the PPO is denied, the petitioner has two options: They can file an appeal to Circuit Court or they can file a motion to go in front of a judge for a re-hearing of the PPO petition. The Clerk’s Office will provide a form to the petitioner to fill out to request the re-hearing should they choose to do so.
During the final hearing, the court will decide whether the petitioner can be granted a “final protective order” for up to two years. The other party will be served with the preliminary protective order to attend the hearing. It is important that the petitioner attends this hearing, so their case does not get dismissed. (Link to other sections on hearing).
Related links:
Protective Orders | General District Court
Domestic Violence Action Center (DVAC) | Family Services
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
Effectiveness of the Protective Order
A protective order (PO) (whether an emergency, preliminary, or a final protective order) is in “effect” when it is signed by the magistrate or judge. The specific details in the PO requiring or preventing the respondent from doing certain things can be enforced only when it is given to the respondent.
A protective order issued in Fairfax County, Virginia, is valid and can be enforced by police anywhere in the United States. For the order to be effective, it must be entered into the Virginia Criminal Information Network (VCIN) by law enforcement. If the person the order is against (the respondent) is in a different area, there might be a delay in entering the order into VCIN. However, the respondent must follow the order as soon as they are given it in person. For example, if the respondent receives the order at 1:15 p.m., it is enforceable from that time, even if it isn't entered into VCIN until the next day.
Service of the PPO
"Service" of a protective order means a law enforcement officer (like a sheriff's deputy in Fairfax County) delivers the protective order to the person it is against after a judge has issued it.
The Fairfax County sheriff’s office handles delivering the protective order to the respondent. They serve court documents like the petition and affidavit, which explain why the order was requested. The sheriff's office will call the petitioner to check the information. They will ask about any history of violence, criminal records, if children are involved, and if the petitioner is being granted exclusive use of the home. They will also confirm where the person the order is against can be found, like their home or workplace.
If the respondent isn't at their last known address when the sheriff first tries to deliver the protective order, they will try several more times. If the petitioner gives a work address, the sheriff will also try to serve the order there. If they still can't deliver the order by the court date, the sheriff will explain why and return the order to the court, noting that service wasn't completed.
If there is no known location for the respondent, but there is a phone number, the sheriff’s office will call the respondent and ask them to meet to complete service.
Petitioners are not automatically notified when the PPO or PO is served. If the petitioner wants to confirm the protective order has been served, they must call the Sheriff’s Civil Enforcement Office: 703-246-3227, select option 3.
In the event the respondent has been arrested, the sheriff checks a database to make sure there are no protective orders against them. If so, the respondent will be served with the PO while in jail. The sheriff’s office checks the database again before the respondent leaves jail.
Service to Non-Fairfax County Residents
If a protective order needs to be served outside Fairfax County, the local police in that area will deliver it once they get it from the Fairfax County Sheriff’s Civil Enforcement Unit. The other area's police will send back proof of delivery (or that they couldn't deliver it) to the Fairfax County sheriff, but this can take a day or two. The Fairfax County sheriff will update their records when they get this proof. The person who requested the order should contact the local police where the respondent lives to check if the order has been delivered.
Service of the Final Protective Order
If the respondent is present in court at the final hearing, service to both parties is completed at that time.
If the respondent is not present in the courtroom for the final hearing, the same process is followed as outlined above for the preliminary protective order. The petitioner is served in the courtroom.
Issues with Service
If the protective order can't be delivered to the respondent, it is still stored in a database that all law enforcement officers in the state and across the country can access. If the respondent has any contact with law enforcement, officers can find the outstanding order in the database and serve the respondent at that time.
Related Links:
Civil Enforcement - Service of Civil Documents | Sheriff
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
The final hearing for the protective order will be within 15 days from the date of the PPO hearing. There are several steps the petitioner can take to prepare for the hearing.
Talk to a Domestic Violence Advocate
If someone is dealing with dating violence, sexual violence, or domestic violence, they can talk to a domestic violence advocate for help. These advocates offer free safety planning and emotional support to survivors in Fairfax County. The Domestic Violence Action Center (DVAC) has advocates who work at the courthouse to help survivors understand the process and plan for the future. Petitioners can ask for an advocate to be with them in court for emotional support and guidance. To get help, survivors can call DVAC at the number provided below.
DVAC staff can connect the petitioner to other agencies or services that may be able to help.
CALL DVAC: 703-246-4573 Monday-Friday, 8 a.m.-7 p.m. (By appointment only from 4:30-7 p.m.)
Other important numbers:
Fairfax County Domestic & Sexual Violence 24-Hour Hotline: 703-360-7273; TTY 703-435-1235
Consult with an Attorney
In a protective order case, neither party is required to have an attorney and neither party is entitled to a free attorney. However, it is a good idea for the petitioner to consult with an attorney any time someone goes to court, so they know what to expect at the hearing and how best to present their case. Clerk’s Office staff and advocates are not attorneys and cannot give legal advice. There is a Self-Help Legal Resource Center on the first floor of the courthouse, located inside the Law Library. (Insert link here).
Prepare for the Court Hearing: Gather the Evidence
If the Petitioner Misses the Final Hearing
The case will be dismissed. The petitioner can file again or appeal the dismissal, but a judge may or may not grant the protective order. If the petitioner cannot attend the hearing, they should contact the court to add a note on the file, but it’s not likely to change what happens. The petitioner should talk an attorney for legal options. They can also talk to an advocate to plan for their safety. If a new incident happens, the petitioner can file another protective order based on the new event.
Dismissing a PO
If the petitioner changes their mind about the protective order before the court hearing, they can file a motion to dissolve, or cancel, the PO the Clerk’s Office. If the petitioner decides not to continue with the protective order during the hearing, they can tell the judge they no longer want it. It's a good idea for the petitioner to talk to a lawyer about their legal options or to an advocate about safety concerns before making this decision. If the case is dissolved, or canceled, the petitioner can file for a protective order again based on the same facts, but the judge might not always agree to it again. Timing is very important in protective order cases, so the petitioner might not be successful if they try again later.
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
Logistics
At the time of the protective order hearing, the petitioner should enter the courtroom and sit on a bench and wait for their case to be called.
When in the courtroom, always refer to the judge as “Your Honor.” There will be a clerk sitting near the judge to help with paperwork, and there will be one or two sheriff’s deputies to assist with security. The deputies also help hand papers back and forth between the parties and the judge.
Other courtroom rules:
Interpreters
Interpreters need to be requested before the court date. If either person needs an interpreter, the court will not start until the interpreter is ready. In Fairfax, the interpreters use a special headset system so they can quietly interpret in a way that anyone who needs interpretation can hear. If a person cannot hear or understand the interpreter, it is important they raise their hand to alert the judge and the interpreter right away.
If someone is using an interpreter, it is important for that person to use the language requested throughout the court hearing.
The Protective Order Trial
At the beginning of the hearing, the judge will usually explain the purpose of the hearing and make sure everyone is present.
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
When a final protective order is issued, the respondent cannot have, carry, or buy a gun(s).
After the trial, the respondent has 24 hours to do the following to get rid of their firearms:
Within 48 hours after the trial, and after giving up their firearms, the respondent must:
When a respondent wants to surrender a firearm to the sheriff’s office, they should do the following:
If the respondent is served with the final protective order and does not file the Firearms Certification form, the court may take actions which could lead to the court issuing a contempt order, which may result in possible jail time for the respondent.
After the final protective order has expired or been dismissed and all records checks by the sheriff’s office come back negative, a respondent can get their firearms back. To do so, the respondent should follow the steps below:
If the petitioner thinks the respondent has a gun and has not been truthful about giving up the gun, they may call law enforcement or file a motion that alleges the respondent has not followed the court’s order, which is called a Rule to Show Cause, with the court that issued the PO.
Related links:
Firearms Surrender | Family Services
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
Who Can Appeal a Protective Order?
Either person has the right to appeal the General District Court (GDC) judge’s final order if they fill out and submit the correct form within 10 calendar days from the date of the order (this includes weekends and holidays). Both parties should make sure their address is up to date with the court so they can be notified if their case is appealed.
This appeal goes to the Fairfax Circuit Court for a whole new “do-over” trial. Someone may want to consult with a lawyer before deciding whether to appeal their case.
If the GDC Court granted a protective order and it gets appealed, the order will stay in effect to protect the petitioner until the new hearing in Circuit Court. If it was denied, then there is no protective order in place while waiting for the new hearing.
How and Where to File an Appeal
If someone wants to appeal the decision, they must go to the GDC Clerk’s Office Room 211 at the Protective Order Window. The clerk will give the person an appeal form to fill out. It is not necessary for someone to explain why they are appealing the decision; they don’t have to have a reason. When someone files an appeal, they will get a date for Civil Term Day for their next court date in Circuit Court.
When going to court for the Civil Term Day, the party should go to the fourth or fifth floor and look at the TV monitors for their case number. The names will be listed as “sealed.” The courtroom number will be listed beside it.
The Civil Term Day hearing is not a time to bring evidence or witnesses to court. All the court will do is schedule a new court date and give a set of instructions for what the parties need to do before the trial date. This set of instructions (called a scheduling order) contains deadlines for certain things the parties must do to prepare. For more information about procedures and what to expect, you may consult an attorney or go to the Self-Help Center in the Law Library (room 115). If someone misses deadlines, the judge may not let the person present any evidence at the Circuit Court trial.
At the end of the trial, the Circuit Court judge will decide whether to give a new protective order for up to 2 years from that date, or to deny it and cancel any protective order issued by the General District Court.
Either party can appeal the decision of the Circuit Court to the Court of Appeals. If one of the parties has questions about how to do this, they should consult with an attorney or ask for help at the law library on the first floor of the Courthouse.
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
A protective order (PO) can stay active for up to two years from the date it is granted. Either party can request to change the order by filing a motion while the protective order is in effect. For example, a petitioner may need to add a household member to the protective order due to a change in living arrangements.
It is important to remember that the parties cannot change the protective order on their own. They must go back to court to make any changes. The respondent could go to jail if they violate the order even if both parties agree to the change.
To change a protective order, the person who wants the change needs to fill out and submit a Motion to Modify or Amend at the same court that gave the original protective order. Just like with the first protective order, the other person involved must be personally given the Motion to Modify.
At the hearing, the person requesting the change must explain to the judge why the order should be changed. The other party can agree or disagree.
The judge will decide if the original protective order should be changed and, if needed, will create a new order with different rules. It's important for both people involved to come to the hearing because the new protective order needs to be given to both of them to be valid.
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
Protective orders in Virginia can last up to two years and expire at midnight on the end date. After that, the order is removed from the Virginia Criminal Information System (VCIN) and won't appear in police records anymore.
Sometimes, a protective order is still needed to keep the petitioner and their family safe. In Virginia, a petitioner can extend or renew their protective order for up to another two years at a time. There is no limit on how many times this can be done, as long as the petitioner requests an extension before the current order expires. This request is called a "Motion to Extend."
A petitioner should consider filing to extend the protective order if they continue to fear for their safety or if the Respondent continues to threaten them. It is important to consider consulting with an attorney for help deciding if a petitioner has enough reason to extend the PO. It is also important to consider safety planning with a victim advocate.
How to Extend a PO
Before the current Protective Order expires, the petitioner should file a Motion to Extend with the same court that issued the current PO. In Fairfax General District Court, file this motion with the Clerk’s Office in the Civil Division, Room 211.
The Motion to Extend should explain:
If the respondent is violating the protective order putting the petitioner in immediate danger, call 911. For more information on reporting PO violations.
The Motion to Extend will also have to be personally served. If the petitioner does not know where to find the respondent, they should file the motion with enough time before the PO expires so there is time to find and serve the respondent.
If the respondent can't be served before the old order expires, the court can issue a temporary preliminary protective order (PPO) for up to 15 days. This temporary order covers the time between when the old order expires, and the new hearing is held. However, this temporary order only becomes active once it is personally given to the respondent.
Related links:
Domestic Violence Action Center (DVAC) | Family Services
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
Either party may ask the Court that originally issued the order to dissolve or end a protective order (PO) before it expires. A Motion to Dissolve should explain what has changed and why the PO is no longer needed.
When the petitioner files the Motion to Dissolve, a judge will review the written motion in their office. The person filing the request does not need to be in front of the judge and will wait while the judge reviews the motion. The judge may have questions for the person filing the motion depending on the circumstances, but this does not happen often. If the judge agrees to end the protective order, the respondent is served with a copy of the order ending the protective order. The petitioner is given a copy of the order while they are still in the Clerk’s Office.
If the respondent files a Motion to Dissolve or Amend the protective order, the motion will be set for a hearing date. The petitioner must be notified of this. The Clerk’s Office often calls the petitioner to inform them that the respondent is trying to change or end the protective order. A date will be set for a hearing. It may be helpful for the petitioner to consult with an attorney or a victim advocate if they have not already. At the hearing, the petitioner will have a chance to explain why they do or do not want the judge to dissolve the protective order.
IMPORTANT: Even if both the petitioner and the respondent agree the PO should be dissolved, the conditions of the PO remain in place and can be enforced until the parties go back to court and a judge signs a new order dissolving the PO. The respondent could go to jail if they violate the order.
Related links:
Domestic Violence Action Center (DVAC) | Family Services
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
Protective orders are unique because they are civil orders, but certain types of violations of the order can have criminal consequences. A violation cannot be filed with the GDC Clerk’s Office; it must be done through the magistrate or law enforcement (see below).
If the respondent violates any part of a PO, they can be prosecuted for the crime of protective order violation.
To report a criminal PO violation, petitioners can:
It will be helpful to have a copy of the order or Hope Card link to it to show the police or magistrate. If the violation is reported to the police, an officer or detective will investigate the reported violation. If they have enough evidence (probable cause) the crime occurred, a warrant for the respondent’s arrest will be issued.
If a warrant is issued, the respondent will be prosecuted for violating the protective order along with any other crime that may have occurred. The petitioner or anyone witnessing the violation will have to go to court to testify about what happened.
If convicted, the respondent faces jail time, and the court must issue a new final protective order. Additional conditions may also be imposed by the judge.