How to file a restraining order in virginia

If you are seeking protection for a family member, household member, or juvenile or if you yourself are a juvenile , request a PPO through your juvenile and domestic relations district court. Otherwise, request the PPO through your general district court. When you go to file for a Protective Order, make sure you are prepared to share the name, address physical living address—not a P. Box , and identifying information of the person from whom you are seeking protection, as well as a detailed description of the event s that led you to file for protection.

You should also bring a copy of your Emergency Protective Order and any warrants or petitions issued alleging acts of violence, force, or threats. After completing the forms, you should be able to enter a courtroom where a judge may speak with you to gather any more information needed to decide whether a PPO should be granted.

Following a full hearing after the issuance of a Preliminary Protective Order, the court may issue a protective order also known as a permanent Protective Order. You can call your local law enforcement department to ask if your Protective Order has been served. The Protective Order will remain in effect for a standard of two years, unless specified to expire sooner by the court. If you wish to change any part of your Protective Order, you must fill out and file the proper forms again with your court.

It is both critical to know your rights if a protective order you filed is violated, and to understand what you are required to do or not do if you have had a protective order issued against you. Virginia takes protective orders very seriously. At least some jail time is mandatory if you are convicted of even a single violation of a protective order. Multiple violations within a certain number of years require mandatory minimum sentences ranging from 60 days to 6 months.

If someone you have filed a protective order against has violated it, you should notify local law enforcement officials immediately. There are several forms that must be completed to obtain a preliminary protective order.

You must file your forms in person in the Civil Division office. Court personnel will be happy to assist you, but are not able to give any legal advice. There are no filing fees associated with protective orders. For more information regarding protective orders, please visit the state website at www.

GDC Homepage. Civil Division. Criminal Division. Traffic Division. You cannot have this done by a court in Virginia. To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living.

To find out more information about how to modify a restraining order, see the Restraining Orders page on our website for the state where your order was issued by entering your state in the drop-down menu. If your order does expire while you are living in Virginia, you may be able to get a new one issued in Virginia but this may be difficult to do if no new incidents of abuse have occurred in Virginia. As long as the child custody provision complies with certain federal laws, 1 Virginia can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area go to our VA Finding a Lawyer page. The NCIC-POF is a nationwide, electronic database that contains information about orders of protection that were issued in each state and territory in the U. The Protection Order File POF contains court orders that are issued to prevent acts of domestic violence, or to prevent someone from stalking, intimidating, or harassing another person.

It contains orders issued by both civil and criminal state courts. The types of protection orders issued and the information contained in them vary from state to state. That means you cannot confirm a protection order is in the registry or add a protection order to the registry without the help of a government agency that has access to it. Typically, the state police or criminal justice agency in the state has the responsibility of reporting protection orders to NCIC.

However, in some cases, the courts have taken on that role and they manage the protection order reporting process. It is managed by the FBI and state law enforcement officials. However, not all states routinely enter protection orders into the NCIC. Instead, some states may enter the orders only in their own state protection order registry, which would not be accessible to law enforcement in other states. According to a report by the National Center for State Courts, more than , protection orders that were registered in state protection order databases were not registered in the federal NCIC Protection Order File.

If you no longer have a copy of your original order, you may want to contact the court that issued the order to ask them how you can get another copy sent to you. To register your protection order in Virginia, you will need to fill out the appropriate forms at the family courthouse in your county or online on the Virginia Judicial System website.

You will need to attach a certified copy of your order to the form, and take it to any juvenile and domestic relations district court in Virginia.

See our VA Courthouse Locations page to find a court near you. The court staff will index your protection order in their system, issue a certificate of filing, and forward a copy to the local law enforcement agency, which will put your protection order into the Virginia Crime Information Network VCIN , which is a statewide registry that keeps records of all protective orders issued in or registered in Virginia. If you need help registering your protection order, you can contact a local domestic violence organization in Virginia for assistance.

You can find contact information for organizations in your area here on our VA Advocates and Shelters page. According to federal law, 1 all states, including Virginia, must enforce an out-of-state protection order.

Virginia state law gives full protection to an out-of-state protection order as long as you can show the officer a copy of the order and can truthfully tell the officer that you believe the order is still in effect.

It does not have to be entered into the state or national registry in order to be enforced by a Virginia police officer, but the officer does need to believe that it is a valid real order. However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to. It is important to continue to safety plan, even if you are no longer in the state where the abuser is living. We have some safety planning tips to get you started on our Staying Safe page.

You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our VA Advocates and Shelters page. All rights reserved.

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Skip to main content. What types of protective orders are there? How long do they last? What protections can I get in an emergency protective order? What protections can I get in a preliminary protective order? What protections can I get in a final protective order? How much does it cost to get a protective order? Do I need a lawyer? In which county can I file for a protective order?

Who is eligible for a protective order Who can get a family abuse protective order? Can I get a protective order against a same-sex partner? What if I do not qualify for a family abuse protective order?

Steps for getting a protective order Step 1: Go to court to file a petition. Step 2: A judge will review your petition and may grant a preliminary order. What should I do when I leave the courthouse?

I was not granted a protective order. What can I do? What happens if the abuser violates the order? How do I change or extend the permanent order? What happens to my order if I move? Is it still valid? Protective Orders for an Act of Violence, Force, or Threat Basic information What is the definition of an act of violence, force, or threat? What types of protective orders for an act of violence, force, or threat are there? What protections can I get in a protective order for an act of violence, force or threat?

Getting the order Who is eligible for this protective order? In which court is it filed? How much does a protective order for an act of violence, force, or threat cost? After the hearing How do I change or extend the final protective order? Substantial Risk Orders Basic info What is a substantial risk order? Who can file for a substantial risk order? What types of orders are there? What protections can I get in a substantial risk order? Getting the order How do I get a substantial risk order?

How will a judge make a decision about whether to grant the order? Can a gun violence restraining order be renewed? How do I know if my protective order is good under federal law? I have a preliminary ex parte order. Can it be enforced in another state?

Getting your protective order enforced in another state How do I get my protective order enforced in another state? Do I need anything special to get my protective order enforced in another state? Can I get someone to help me? Do I need to tell the court in Virginia if I move? Enforcing custody provisions in another state I was granted temporary custody with my protective order. Can I take my kids out of the state? I was granted temporary custody with my protective order.

Will another state enforce this custody order? What are the requirements? Procedural Posture: Plaintiff filed a petition for a protective order against her former boyfriend.

The district court granted her petition, and the defendant boyfriend appealed. The defendant appealed, claiming that the circuit court erred because the plaintiff failed to show the defendant directed an act of violence, force, or threat towards her. Facts: After the couple separated, the defendant emailed the plaintiff numerous times, sent her several instant messages, and tried to contact her several times through two social media sites.

The plaintiff did not respond, and the defendant sent two emails acknowledging that plaintiff did not desire to communicate with him. The defendant began repeatedly calling the plaintiff at her home and leaving voice messages. The plaintiff became very emotionally upset over the phone calls. The defendant also tried to contact the plaintiff at work, and sent her flowers at work.

He also appeared at her door with flowers.