How to Get a Protective Order in Virginia
Reviewed by DocDraft Legal Team · Virginia · Last updated September 17, 2026
In Virginia, a protective order for family abuse is a civil court order that directs an abuser to stop the abuse and stay away from you, and it comes as a three-step ladder: an emergency order, a preliminary order, and a final order. You seek one when a family or household member, such as a spouse, former partner, co-parent, or relative, has abused, threatened, or put you in fear of harm. You file in the Juvenile and Domestic Relations District Court where you live, where the abuser lives, or where the abuse happened, and there is no fee to file or serve a petition or order (Va. Code 16.1-279.1). If you are in danger right now, a magistrate or judge can issue an Emergency Protective Order at the request of law enforcement or you, and it expires at 11:59 p.m. on the third day following issuance (Va. Code 16.1-253.4). When you petition the court, a judge can grant a Preliminary Protective Order the same day, without the abuser present, which stays in effect until a full hearing held within 15 days (Va. Code 16.1-253.1). At that hearing the judge can issue a final protective order lasting up to two years (Va. Code 16.1-279.1). If you are in immediate danger, call 911; the National Domestic Violence Hotline is available at 1-800-799-7233. Attorney review of your petition is available through DocDraft.
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How do I get a protective order in Virginia?
File a Petition for Protective Order with the Juvenile and Domestic Relations District Court where you live, where the abuser lives, or where the abuse happened. There is no fee to file or serve it (Va. Code 16.1-279.1). A judge can grant a preliminary order the same day, with a full hearing set within 15 days.
How long does an emergency protective order last in Virginia?
An emergency protective order gives immediate short-term protection. Under Va. Code 16.1-253.4, it expires at 11:59 p.m. on the third day after it is issued, up to about 72 hours. If that day falls when the court is closed, it lasts until the next day the court is in session.
How long does a final protective order last in Virginia?
After a full hearing, a judge can issue a final protective order for up to two years (Va. Code 16.1-279.1). If the abuser was subject to a previous protective order within the past 10 years, the order can last up to four years. You can ask the court to extend it before it expires.
Which court handles protective orders in Virginia?
Family abuse protective orders are handled by the Juvenile and Domestic Relations District Court, in the city or county where you live, where the abuser lives, or where the abuse occurred. The court provides the petition forms, and there is no fee to file or serve a family abuse protective order (Va. Code 16.1-279.1).
Virginia protective order law at a glance
In Virginia, a protective order for family abuse is a civil court order that directs an abuser to stop the abuse and stay away from you. It comes in three forms. An Emergency Protective Order, requested by law enforcement or the victim, expires at 11:59 p.m. on the third day after it is issued (Va. Code 16.1-253.4). A Preliminary Protective Order, which a judge can grant the same day you petition without the abuser present, stays in effect until a full hearing held within 15 days (Va. Code 16.1-253.1). After that hearing, a final protective order can last up to two years, and up to four years for a repeat offender (Va. Code 16.1-279.1). You file in the Juvenile and Domestic Relations District Court, and there is no fee.
Getting a Virginia protective order after threats from an ex-partner
In Virginia, protection from family abuse comes as a three-step ladder, and here is how it can play out. Suppose your former partner, who shares a child with you, has been threatening you. Because you are afraid tonight, you call the police and a magistrate issues an Emergency Protective Order that expires at 11:59 p.m. on the third day (Va. Code 16.1-253.4). The next morning you go to the Juvenile and Domestic Relations District Court and file a Petition for Protective Order at no cost. A judge grants a preliminary order that day and sets a hearing within 15 days (Va. Code 16.1-253.1). At the hearing you show threatening messages, and the judge issues a final protective order for two years (Va. Code 16.1-279.1). Attorney review of your petition is available through DocDraft.
Relevant Laws
Va. Code 16.1-253.4 (emergency protective order)
Authorizes a judge or magistrate to issue an emergency protective order when there is probable danger of family abuse, and provides that the order expires at 11:59 p.m. on the third day following issuance, extended to the next day the court is in session if that day falls when the court is closed.
Va. Code 16.1-253.1 (preliminary protective order)
Allows a court to issue a preliminary protective order on a petition, before a full hearing and without the respondent present, and requires the full hearing to be held within 15 days of issuance, with the preliminary order remaining in effect until the hearing.
Va. Code 16.1-279.1 (final protective order; no fee)
Governs the final protective order in cases of family abuse, providing it may be issued for up to two years (up to four years if the respondent had a previous order within 10 years), and that no fee shall be charged for filing or serving any petition or order under the section.
Va. Code 16.1-228 (family or household member)
Defines family or household member, the relationship required to seek a family abuse protective order, including a current or former spouse, a co-parent, relatives, and a person who has cohabited with the petitioner within the previous 12 months.
Regional Variances
Virginia protective order rules at a glance
Order name
Protective order for family abuse, a three-tier structure of Emergency Protective Order (Va. Code 16.1-253.4), Preliminary Protective Order (Va. Code 16.1-253.1), and final Protective Order (Va. Code 16.1-279.1). A separate civil order covers abuse by someone who is not a family or household member.
Where to file
The Juvenile and Domestic Relations District Court, in the city or county where you live, where the abuser lives, or where the abuse happened. There is no fee to file or serve a family abuse petition or order (Va. Code 16.1-279.1).
Emergency and temporary orders
An Emergency Protective Order, requested by law enforcement or the victim, expires at 11:59 p.m. on the third day after issuance (Va. Code 16.1-253.4). A judge can grant a Preliminary Protective Order the same day you petition, in effect until a hearing within 15 days (Va. Code 16.1-253.1).
Final order duration
After a full hearing, a final protective order can last up to two years, and up to four years if the abuser had a previous order within the past 10 years (Va. Code 16.1-279.1). You can ask the court to extend it before it expires.
Main form
Form DC-611, Petition for Protective Order, filed at the Juvenile and Domestic Relations District Court intake office. The court provides the form at no cost and intake staff can help you complete it.
Suggested Compliance Checklist
Complete the Petition for Protective Order (Form DC-611)
As soon as possible after the abuse days after startingFill out Form DC-611 at the Juvenile and Domestic Relations District Court intake office, describing the abuse, your relationship to the abuser, and specific dates. Intake staff can help you at no cost. Attorney review of your petition is available through DocDraft.
File your petition with the Juvenile and Domestic Relations District Court
Same day you finish the petition days after startingFile your Petition for Protective Order in the city or county where you live, where the abuser lives, or where the abuse happened. There is no fee to file or serve a family abuse petition or order (Va. Code 16.1-279.1).
Get and carry your preliminary protective order
Same day the judge signs it days after startingIf the judge grants a preliminary protective order (Va. Code 16.1-253.1), get the signed order and keep a copy with you. It stays in effect until your full hearing, which the court holds within 15 days. Note your hearing date.
Confirm the abuser is served before the hearing
Before the full hearing days after startingThe court arranges for law enforcement to serve the abuser with your petition and the hearing date at no charge. Confirm service was completed, because the judge needs the abuser served to enter a final protective order at the hearing.
Attend the full hearing with your evidence
On your scheduled hearing date (within 15 days) days after startingGo to the full hearing and bring photos, messages, and any witnesses. Both sides can testify. The judge decides whether to issue a final protective order (Va. Code 16.1-279.1). If you miss the hearing, your preliminary order can expire.
Track the expiration and extend if needed
Before the order expires (up to 2 years out) days after startingA final protective order can last up to two years, or up to four years for a repeat offender (Va. Code 16.1-279.1). Calendar the expiration date and file to extend the order before it ends if you still need protection.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Complete the Petition for Protective Order (Form DC-611) | Fill out Form DC-611 at the Juvenile and Domestic Relations District Court intake office, describing the abuse, your relationship to the abuser, and specific dates. Intake staff can help you at no cost. Attorney review of your petition is available through DocDraft. | - | As soon as possible after the abuse |
| File your petition with the Juvenile and Domestic Relations District Court | File your Petition for Protective Order in the city or county where you live, where the abuser lives, or where the abuse happened. There is no fee to file or serve a family abuse petition or order (Va. Code 16.1-279.1). | - | Same day you finish the petition |
| Get and carry your preliminary protective order | If the judge grants a preliminary protective order (Va. Code 16.1-253.1), get the signed order and keep a copy with you. It stays in effect until your full hearing, which the court holds within 15 days. Note your hearing date. | - | Same day the judge signs it |
| Confirm the abuser is served before the hearing | The court arranges for law enforcement to serve the abuser with your petition and the hearing date at no charge. Confirm service was completed, because the judge needs the abuser served to enter a final protective order at the hearing. | - | Before the full hearing |
| Attend the full hearing with your evidence | Go to the full hearing and bring photos, messages, and any witnesses. Both sides can testify. The judge decides whether to issue a final protective order (Va. Code 16.1-279.1). If you miss the hearing, your preliminary order can expire. | - | On your scheduled hearing date (within 15 days) |
| Track the expiration and extend if needed | A final protective order can last up to two years, or up to four years for a repeat offender (Va. Code 16.1-279.1). Calendar the expiration date and file to extend the order before it ends if you still need protection. | - | Before the order expires (up to 2 years out) |
Frequently Asked Questions
No. Virginia charges no fee to file for a family abuse protective order. Va. Code 16.1-279.1 provides that no fee shall be charged for filing or serving any petition or order under that section, and the emergency and preliminary order statutes carry the same no-fee rule. Service by law enforcement is also free.
After you file your petition, a judge can issue a preliminary protective order the same day, without the abuser present, if there is good cause to believe you are in danger of family abuse. Under Va. Code 16.1-253.1, it stays in effect until a full hearing, which the court holds within 15 days.
You can file if the person who abused you is a family or household member under Va. Code 16.1-228, which includes a spouse or former spouse, a co-parent, a relative, or someone who has lived with you in the past 12 months. A parent or guardian can file on behalf of a child.
You file a Petition for Protective Order, Form DC-611, with the Juvenile and Domestic Relations District Court intake office. The court clerk and intake staff provide the form and can help you complete it. You describe the abuse, your relationship to the abuser, and the protection you are asking the court to order.
At the full hearing, both you and the abuser can attend, present evidence, and testify. The judge decides whether to issue a final protective order and what terms to include, such as no contact and stay-away conditions (Va. Code 16.1-279.1). A final order can last up to two years.
Yes. A final protective order can last up to two years, and up to four years if the abuser was subject to a previous order within the past 10 years (Va. Code 16.1-279.1). You can file to extend the order before it expires, and the court can grant a new period of protection.
Violating a protective order is a crime in Virginia. Call the police, who can arrest the person, and the court can also hold them in contempt. Keep a copy of your order with you at all times and report every violation. Active orders are entered in a statewide law-enforcement database for enforcement.
No. Virginia courts are set up for people to request protective orders on their own, and the Juvenile and Domestic Relations District Court intake office helps with the petition. Many people file without a lawyer, especially for an emergency or preliminary order. Legal help can be useful if the case is contested.
Other Virginia guides
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