Protective Order Lawyers in Virginia Beach, VA

A protective order is issued by the court to limit the behavior of someone who harms or threatens to harm another person, particularly a family or household member. 

Protective orders can be used to address a variety of safety issues, including:

• Domestic abuse
• Family disputes
• And harassment from another party

Our firm represents individuals who seek to petition for a protective order and those who believe someone has wrongfully sought a protective order against them. Consult an attorney at Edge Law to discuss your protective order case in more detail.

Types of Protective Orders in Virginia

Virginia in particular offers 3 different types of protective orders that have different terms and durations:

• Emergency protective orders
• Preliminary protective orders
• And final protective orders

Emergency Protective Order in Virginia

One type of protective order is the emergency order, which provides the petitioner immediate protection. It can be given “ex parte” by the judge, which means the apparent abuser does not have to be present or know that the order has been requested. However, they will be served the order before it takes effect.

According to Va. Code § 16.1-253.4(B), (J), an emergency order can do a number of things, including:

• Prohibit acts of family abuse or criminal offenses that result in injury to a person or property
• Prohibit any contact by the abuser with the petitioner and their family or household members
• Grant the petitioner possession of a pet or companion animal
• And grant the petitioner possession of the home that they and the abuser share and remove the abuser.

An emergency order expires at the end of the third day following issuance, after which the petitioner may pursue a more permanent order. 

Preliminary Protective Order

A preliminary protective order is the next step to obtaining a permanent protective order. An individual must file a written petition at the intake office of the Juvenile and Domestic Relations courthouse to request a preliminary order, which lasts up to 15 days until the court hearing for the final protective order.

Va. Code § 16.1-253.1(A) establishes that a preliminary protective order can order the same terms as an emergency order, as well as:

• Require that the apparent abuser provide suitable alternative housing for the petitioner and any other family or household member
• Grant the petitioner temporary possession/use of vehicle that they own individually or jointly with the offender
• Grant the petitioner exclusive use and possession of a cell phone number or electronic device
• Prohibit the offender from using a cell phone or other electronic device to locate the petitioner
• And/or provide anything else necessary for the protection of the petitioner and their family members

Final Protective Order

The final, permanent protective order lasts up to 2 years (with possible extension and renewal) and is granted after a full court hearing where both the petitioner and the defendant have appeared before the judge. 

A permanent protective order can require the same terms as the preliminary order, as well as:

• Order the offender to stop abusing the petitioner
• Order the offender to stop contacting the petitioner or their family or household members
• Order the abuser to participate in treatment, counseling or other programs
• Grant the petitioner temporary custody of the children or temporary visitation for any children they have in common with the defendant
• Grant the petitioner a temporary child support order for the support of any children they have with the defendant
• And provide any other relief necessary to protect the petitioner and their family

Seeking a protective order in Virginia? Edge Law is here to help. Call our team  at (757) 367-8253 or contact us online.