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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 physical act of violence, force, or threat from someone in their family or home in the recent past that makes it necessary to protect the petitioner in the future.
In JDRDC, the protective order is between two people who are family or household members. This can include:
Although emotional and verbal abuse as part of a domestic violence cycle can be very harmful, those types of abuse are not grounds for a protective order. A protective order is not the proper tool to address issues such as money, property, disagreements about the children, divorce, immigration, or infidelity. If someone has concerns for other aspects of their safety, they can speak with a domestic violence advocate by calling the Domestic Violence Action Center at 703-246-4573.
What Can a Protective Order Do?
All protective orders can order the respondent to:
If the petitioner and the respondent have been or are married, live together, share a child, or have other specific family relationships, some orders may also be able to order respondent to:
Family abuse protective orders can also grant a petitioner:
Related links:
Family Abuse / Domestic Violence | Juvenile and Domestic Relations District Court
Protective Order / Domestic Violence | Juvenile and Domestic Relations District Court
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 provides a way to ensure proper communication when different languages are spoken. The interpreter must render everything communicated without omitting, altering, or summarizing anything.
All interpretation services are free.
When the petitioner makes an appointment for the protective order, it is important to let the Domestic Relations Intake staff know what language and dialect they speak. An interpreter may be provided by phone, by video conferencing, or in person.
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 or 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, and a complaint form is available to report that information.
If the petitioner uses an interpreter for the appointment to file for the protective order, the court staff will request an interpreter for the court hearing. If the petitioner speaks English but has a witness who needs an interpreter, the petitioner will need to request one at the Pre-Court window of the Clerk’s Office, Room 301, on the third floor of the Courthouse.
Related links:
Volunteer Interpreter Program | Juvenile and Domestic Relations District Court
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
Someone can file for an emergency protective order (EPO) at any time of the day, 24/7. A person filing does not need an appointment; the protective order process is walk-in only. Allow at least one hour to complete this process. If the magistrate’s office is busy, it could take several hours.
An EPO lasts 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 a criminal warrant is issued 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. An EPO is not required to ask for a preliminary protective order (PPO). A PPO can go into effect after an EPO and lasts for up to two weeks until there is a trial 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.
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, and they should keep it with them at all times while it is in effect. The EPO must be served, 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
https://www.vacourts.gov/courtadmin/aoc/judpln/programs/afapo/home.html
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 protective order. A PPO must be sought by a victim as the initial step before being able to get a protective order (PO) that can last up to two years. A PPO is granted without the respondent being present in the hearing, called an ex parte hearing.
PPOs can be filed either in person or remotely/virtually.
Preliminary protective orders require an appointment and are obtained at the Fairfax County Courthouse in Domestic Relations Services:
4110 Chain Bridge Rd
Suite 202
Fairfax, VA 22030
Appointments to file can be scheduled by calling Domestic Relations Services Intake (703-246-3084) between 8 a.m.-4:30 p.m. The person filing will be asked some questions by a Domestic Relations Intake Officer to ensure they are filing the PPO in the right place and have the information needed.
The person filing for the PPO can request a free interpreter if they do not speak English fluently.
Fairfax County J&DR does not use the I-CAN application listed on the Virginia Supreme Court website for protective orders. Do not use this form to file.
The person filing can request to speak with a domestic violence advocate to support them in the filing process, to help create a safety plan, and to provide resources. The domestic violence advocate is not an attorney but can accompany the individual filing to court.
The petitioner will have an appointment with a court intake officer who will help with the process of filing the PPO. The petitioner has the option to file in person or virtually/remotely. This appointment usually takes about two hours. If the petitioner chooses to go to file at the courthouse, they will be at the courthouse for a longer period.
It is very important to give the intake officer as much information as possible about the respondent’s location (home address, work address, other addresses where they might stay) so the sheriffs can serve them the PPO. The PPO will not go into effect or be enforceable until it is served on the respondent. If the respondent is currently in jail, the petitioner should let the intake officer know. Petitioners can include household members on the protective order.
If the abuse was against a minor, an adult can file on the minor’s behalf. Please talk to the intake officer for more information about this option. See the section on Next-Friend Protective Orders for more information.
Safety Planning and Extra Support: During the intake appointment, the petitioner may be given an opportunity to meet with a domestic violence advocate from the Domestic Violence Action Center (DVAC). This advocate can help plan for safety, including safe transportation to court; explain what will happen in court; and provide support after the preliminary protective order hearing.
The petitioner will have the choice to appear in front of a judge to request the PPO or to file a written affidavit for the judge to read. An affidavit is a written statement that the writer swears is entirely true, just like written testimony before a judge, but in writing. (People can get in trouble for lying in an affidavit the same way they would get in trouble if they lied in court.) For protective order cases, there is an affidavit form that asks specific questions of the writer to explain what happened and why they need a protective order.
If the petitioner chooses to see the judge, they will stay in the courthouse until the next available hearing time that day. An intake officer and a domestic violence advocate will accompany them to court. If the petitioner elects to file by affidavit, the intake officer will let the petitioner know the judge’s decision once it is available (usually the same 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 service of the protective order here (link to section on service of the PO-5c). The protective order is not in effect until the respondent has been served.
The judge will schedule a court hearing about 15 days from the day the petitioner files the PPO, regardless of whether the PPO is granted or denied during the hearing. This court hearing is to decide whether the petitioner can be granted a “final protective order” for up to two years. The other party will receive a summons to attend this hearing as well. It is important the petitioner attends this hearing so their case does not get dismissed.
Related links:
Protective Order / Domestic Violence | Juvenile and Domestic Relations District Court
Appointments for Protective Orders / Family Abuse | Juvenile and Domestic Relations District Court
Domestic Violence Action Center (DVAC) | Family Services
A Next-Friend Protective Order is a protective order that protects the health and safety of a minor child from a respondent who has caused them harm. A “next-friend” is an adult who must file on behalf of the child. The adult does not have to be related to the child.
A Next-Friend protective order must be filed in the Juvenile & Domestic Relations District Court (JDRDC). Assistance in filing can be obtained in Domestic Relations Services, Suite 202, of the Fairfax County Courthouse:
4110 Chain Bridge Rd
Suite 202
Fairfax, VA 22030
To ensure being helped as quickly as possible, the person filing should make an appointment with Domestic Relations Services (703-246-3040). Virtual, hybrid, or in-person appointments are available. Please call 703-246-3040 to discuss the best option.
If the person filing needs an interpreter, staff will use an interpreter to make the appointment, and one will be provided for the appointment.
If the petitioner cannot safely call to make the appointment, they can go to the Domestic Relations Services office for in-person assistance. Please be aware that a same-day appointment to file or go in front of a judge may not be available.
Fairfax County JDRDC does not use the I-CAN application listed on the Virginia Supreme Court website for protective orders. Do not use this form to file.
At the appointment, the person filing should be prepared to provide:
Having this information increases the chance the respondent will be served with the protective order, but not having the information does not prevent someone from filing.
If filing against a juvenile, please provide the information above for the juvenile as well as a name, address, and phone number for an adult responsible for the juvenile respondent. If the person filing needs a domestic violence advocate, one is typically available onsite to discuss safety and other concerns.
During the appointment: The person filing will fill out paperwork before meeting with an intake officer. An interpreter can help with the paperwork if someone needs language assistance. An intake officer will meet with the person to explain the process and ask questions about what is needed from the protective order. The intake officer will create court paperwork for the person to sign and swear them to the truth of the information in the documents, meaning everything they put in the documents is true.
If the petitioner requests a court hearing, they will attend a brief meeting before the hearing to prepare for it. A court intake officer and an advocate will accompany the petitioner to the hearing but will not provide legal advice. For more information about court, see the “What to Expect in Court” section.
If filing by affidavit, an intake officer will email the petitioner a copy of the court order after the judge signs it. The petitioner may also wait at the court while the judge reviews the paperwork.
Safety Planning and Extra Support: During the appointment, the petitioner may be given an opportunity to meet with a domestic violence advocate from the Domestic Violence Action Center (DVAC). This advocate can help plan for safety, including safe transportation to court; explain what will happen in court; and provide support after the preliminary protective order hearing.
If the case involves a criminal charge against the other party, a Fairfax County Police Department victim advocate may also help during the protective order process. The petitioner can ask the intake officer or advocate for more information about this during the appointment.
An appointment can take several hours from the time the petitioner begins filling out the paperwork to the time a judge hears the case or reviews the petition. This process may take longer if the petitioner is using an interpreter. If a protective order is being sought on behalf of a child old enough to talk, the person filing on behalf of the child should bring the child to court, with another adult to help take care of the child while court is in session. During part or all of the hearing, the child may not be allowed in the courtroom.
Legal Representation for the Child: The judge will appoint a guardian ad litem to represent the best interest of the child for any minor party involved in a case. This guardian ad litem should reach out to the child prior to the final hearing. If the next-friend adult would like their own attorney, they will need to secure an attorney separately.
After the PPO hearing, the petitioner will receive a copy of the preliminary protective order and the date for the next court hearing. The sheriff will attempt to serve the preliminary protective order on the respondent. The preliminary protective order will not go into effect until the other party is served.
For more information about service, see the section entitled “Service of the Protective Order.”
For additional information and frequently asked questions, please visit:
Family Abuse / Domestic Violence | Juvenile and Domestic Relations District Court
Domestic Relations Frequently Asked Questions | Juvenile and Domestic Relations 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 off by the magistrate or judge. The provisions can be enforced only once it is served on the respondent.
A protective order granted in Fairfax County, Virginia, is enforceable by law enforcement anywhere else in the United States. For this to happen, a protective order must be entered into Virginia Criminal Information Network (VCIN) by law enforcement to hold the respondent accountable. If the respondent is in another jurisdiction, there could be a delay entering this information into VCIN; however, the respondent is still accountable from the time they were physically served with the order. For example, if the respondent is served at 1:15 in the afternoon, the protective order is enforceable at that time, even if it is not entered into VCIN until the next day.
Service of the PPO
The service of the protective order describes the process of a law enforcement official (in Fairfax County, it is a sheriff’s deputy) giving the protective order to the respondent after the PPO or PO is ordered by the judge.
The Fairfax County sheriff’s office is responsible for serving the protective order. The sheriff’s office will call the petitioner to verify the information listed on the PPO. The sheriff’s office will ask about a history of violence, a criminal record, if children are involved, or granting exclusive use of the residence. They will also confirm any address where the respondent may be located, including a temporary residence or work location.
If the respondent is not present at the last known address when service is first attempted, the sheriff’s office will make multiple attempts at service. If service can’t be completed by the court date, the sheriff will list the reason why service was not completed, and the protective order is sent back to the court stating service was not complete.
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 must be served outside Fairfax County, the law enforcement agency responsible for serving court documents will serve the respondent once it has been received from the Sheriff’s Civil Enforcement Unit. The other jurisdiction will send proof of service (or non-service) back to the Fairfax County sheriff’s office, but this notification is not always immediate. The sheriff’s office will update their records once they receive proof of service. The notification may take 1-2 days. The petitioner should contact the jurisdiction where the respondent lives to determine if service has been completed.
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 cannot be served on the respondent, the database where the protective order is stored is available to law enforcement officers throughout the state and can be found in national databases. If the respondent comes into contact with law enforcement, the officer will be able to search for the outstanding order and serve the respondent with the protective order.
For more information, please visit the following website:
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 approximately 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
Many organizations offer free safety planning and emotional support to survivors of domestic violence in Fairfax County. The Domestic Violence Action Center (DVAC) has advocates who work at the courthouse to help survivors navigate the process and plan for the future. Petitioners can request an advocate go with them to court to support them emotionally and make sure they know where to go. Petitioners can speak with the intake officer to connect with an advocate, or they can call DVAC directly at the number 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 (unless the person is under age 18 or meets certain other criteria). 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. If the petitioner would like more information about options for legal resources, they can speak to a domestic violence advocate at DVAC or an intake officer. Intake officers and advocates are not attorneys and cannot give legal advice.
Prepare for the Court Hearing: Gather the Evidence
If the petitioner is asking the court to give them temporary custody/visitation and/or child support, possession of a vehicle, suitable alternative housing, or other relief, plan to explain or show proof that the request is necessary for the petitioner’s safety and/or the safety of the children. If the petitioner is asking the court to require the respondent to take some sort of action or class as a part of the protective order, the petitioner must be able to show how the request is related to the safety of the petitioner. Requests for supervised visitation for children, substance use evaluation or treatment, or domestic violence intervention programs (formerly called batterer intervention programs) must be connected to the safety of the petitioner and family or household members, such as children.
If the petitioner is asking for child support, they will need to provide information to the court regarding their income and the respondent’s income. If the petitioner doesn’t know the income information, the court may not grant support.
If the petitioner is seeking relief related to money, it is important to show the court, through evidence, how much money will be necessary, such as the income of the petitioner or respondent, or the amount of money needed to cover expenses.
For more information on available domestic violence advocacy services visit: Domestic Violence Action Center (DVAC)
For more information on programs that may be ordered by the court as a part of the protective order, visit:
ADAPT: Anger & Domestic Abuse Prevention & Treatment Program | Family Services
Supervised Visitation & Exchange (Stronger Together) | Juvenile and Domestic Relations District Court
When planning for the day of the protective order hearing, the following are some things to consider:
If the Petitioner Misses the Final Hearing
The case will probably be dismissed, and the petitioner may not be able to file again based on the same incident/circumstances. (If something new happens, the petitioner can always file for a new protective order.) If the petitioner is not able to attend the hearing because of other circumstances, the petitioner should contact the court and consult an attorney and/or an advocate about their options to plan for their safety.
Nonsuiting or Dismissing a PO
The petitioner is allowed to dismiss the case at any time, or make the case go away. This is called a “nonsuit” in Virginia law. This can be done through the court’s Calendar Control procedure. It is a good idea for the petitioner to talk with an attorney or an advocate before taking this step. If the petitioner has an attorney, they cannot nonsuit the case without the attorney doing so. If a case is nonsuited, the petitioner can refile based on the same facts one time. Because timing is so important in protective order cases, the petitioner may not be successful the second time.
The person asking for protection is the petitioner, and the person they are filing against is the respondent.
Logistics
When entering the courtroom, there will be three tables in front of the judge. The respondent’s table is always the one closest to the side door. The petitioner should sit either at the middle table or the table furthest away from the side door. If the judge or deputy directs the petitioner to the middle but they are uncomfortable sitting so close to the respondent, it is OK to ask to sit further away.
When in the courtroom, always refer to the judge as “Your Honor.” There will also 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
If either party 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 party cannot hear or understand the interpreter, it is important the person raises their hand to alert the judge and the interpreter right away.
If one party is using an interpreter, it is important to stay with that language throughout the court hearing; even if the person understands or speaks some English, it’s important to use the primary language and the interpreter.
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.
If the judge enters a protective order, it will be served on both parties. If the respondent is not present in court, the sheriff will serve the respondent in the community. If the petitioner has concerns about leaving the courthouse safely, they should ask the sheriff’s deputy in the courtroom for assistance getting to their car safely.
For more information about the self-help law library, visit: Courthouse Self-Help Resource Center | Topics
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 party has the right to appeal the Juvenile and Domestic Relations (J&DR) Court 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 J&DR Court granted a protective order and it gets appealed, the order will stay in effect to protect the petitioner until the Circuit Court decides the case on appeal. If it was denied, there is no protective order in place while waiting for the appeal.
How and Where to File an Appeal
If one of the parties wants to appeal the decision, they must go to the Post-Court window of the J&DR Court Clerk’s office, marked as room 302. The clerk will give the person an appeal form to fill out. It is not necessary for someone to say why they are appealing the decision; they don’t have to have a reason.
It will take several weeks for the Circuit Court clerk’s office to receive the paperwork and process it. The parties will receive a notice of Civil Term Day in the mail with instructions about the next court date, telling them where and when to go to court. The new case number will be on that notice. When going to court, look at the monitors on the fourth or fifth floor for the case number. 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. Most commonly, each party must prepare a list of witnesses they plan to have testify at trial and a list of exhibits (documents, photographs, text messages, etc.) This list of witnesses and exhibits must be filed with the court and mailed to the other party by the deadline listed in the scheduling order.
The person filing the appeal must send the exhibits themselves to the other party by the deadline, so they know what to expect, but does not need to send the exhibits to court, just the list of exhibits. If this step is not completed and the deadline passes, 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 grant a new protective order for up to 2 years from that date, or to deny it and dissolve any protective order issued by the J&DR court.
Either party can appeal the decision of the Circuit Court to the Court of Appeals, but that process is complicated and involves important deadlines. If one of the parties has questions about how to do any of 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 in effect 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, the original order may allow the parties to communicate only by text message, but after a medical emergency for one of the children, they may find it necessary or desirable for them to be able to be at the hospital at the same time.
Modification of the protective order is not an appropriate way to change the provisions for custody, visitation, or child support. Instead, the petitioner should file petitions for custody, visitation, or child support in the appropriate court. This will usually be Juvenile & Domestic Relations District Court unless the parents have filed for divorce. View more information about filing.
It is important to remember 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 modify a protective order, the party asking for the change needs to file a Motion to Modify or Amend with the same court that issued the protective order. As with the original protective order, the other party must be personally served with the Motion to Modify.
If the protective order was issued because of a criminal case, and the Commonwealth’s Attorney (prosecutor) was involved, the Commonwealth’s Attorney’s office must be notified and will have input into whether and how the order should be changed.
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 whether the original protective order should be changed and, if necessary, issue a new order with new terms. It is important that both parties come to the hearing because the new PO must be served on both parties for it to be effective.
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. The order expires at midnight on the expiration date. After that, the protective order will be deleted from the Virginia Criminal Information System (VCIN) and no longer show up in police records.
There are some situations when a protective order is still necessary to keep the petitioner and protected family members safe. In Virginia, petitioners can extend or renew their PO for up to an additional two years at a time, with no limit on the number of extensions, so long as they file a motion before the original PO expires. Asking the court to do this 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 advocate or attorney for help deciding if a petitioner has enough reason to extend the PO.
How to Extend a PO
Before the original PO expires, the petitioner should file a Motion to Extend with the same court that issued the original PO. In Fairfax Juvenile & Domestic Relations Court, file this motion with the Pre-Court Clerk’s Office.
The Motion to Extend should explain:
If the respondent is violating the protective order and the petitioner is 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 for the respondent to be located and served.
If the respondent cannot be served before the old order expires, the court can enter a temporary preliminary protective order (PPO) for up to 15 days to cover that time between when the old order expired, and the new hearing is held. However, that order is not enforceable until it is personally served on the respondent.
For more information on information within this section, visit the following sites:
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 (get rid of) a protective order (PO) before it expires. A Motion to Dissolve should explain what has changed and why the PO is no longer needed.
Just like with the original PO, the other party must be personally served with the Motion to Dissolve.* If the Commonwealth’s Attorney (the prosecutor) was involved when the PO was issued, the Office of the Commonwealth’s Attorney is entitled to have input about whether the order should be dissolved.
At the hearing, the party asking to dissolve the PO will have to explain to the judge what has changed and why the PO is no longer necessary. The judge will ask the other party if they agree or disagree. The judge will then decide whether to dissolve the order. Even if both parties agree to dissolve the order, the judge might decide it is necessary to keep the order in effect.
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.
* If the petitioner is seeking to dissolve, this can be done ex parte, which means without the involvement of the other party, in which case the respondent does not have to be served. If the respondent is seeking to dissolve, they must have the petitioner personally served.
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.
There are two ways to hold someone accountable for following a protective order, or enforce the PO, through the criminal process and the civil process.
Criminal Process
If the respondent violates certain parts of a PO, they can be prosecuted for the crime of protective order violation. The special provisions that can trigger a criminal violation are:
To report a criminal PO violation, petitioners can:
If the violation is reported to the police, an officer or detective will investigate the reported violation. If they have enough evidence (probable cause) that 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 will go to jail for no less than one day, and the court must issue a new final protective order from that time. Additional conditions may also be imposed by the judge.
Civil Process
A protective order can do a lot of things beyond restricting contact or keeping someone away from a location. If the respondent is violating other parts of the protective order that are not criminal violations, the petitioner can ask that the respondent be held accountable by the court and be required to do what the order says. This is known as being in “contempt of court.” To hold the respondent accountable, the petitioner must file a motion called a “Motion for a Rule to Show Cause.”
To file a Motion for a Rule to Show Cause, contact the Domestic Relations Intake office (the same place the protective order was). Court staff will help the petitioner through the process of filling out the necessary paperwork and file it with the court. The petitioner will then be notified of a later court date. The Rule to Show Cause must be personally served on the respondent. At the court date, the respondent will have a chance to explain their side, and the judge may give them a chance to correct their behavior. If they continue to fail to follow the order, the judge can put them in jail for up to 10 days.
If the petitioner decides to file a Motion to Show Cause or a violation, there can sometimes be an impact to the petitioner’s safety, or a petitioner may have legal questions. A petitioner can speak to an advocate by calling the Domestic Violence Action Center (703-324-4573, Monday-Friday, 8 a.m.-7:30 p.m.).
For more information, visit:
Violation of a Court Order | Juvenile and Domestic Relations District Court
Domestic Violence Action Center (DVAC) | Family Services