Domestic Violence and Protective Orders in Virginia

Nobody ever wants to believe that it is possible that someone we love and have committed ourselves to would commit an act of violence against us. However, the unfortunate reality is that it does in fact occur. Divorce can be challenging, but it is even more difficult when it involves an allegation of abuse, whether it is founded or not. Whether you are a victim of violence, or an allegation of violence has been made against you, it is important to understand your rights, the procedures and impacts moving forward. If you are in immediate danger or imminent harm, you should first call the police and/or emergency services. Then contact Castro Law for assistance. While we cannot heal the pain or reverse the damage, we can help you through the process to protect yourself, affording you with greater clarity and confidence. 

Cases involving domestic violence can require both criminal and civil proceedings. In these cases, the person who committed the act of abuse or violence may face criminal charges. At the same time, the victim can seek a civil protective order for added safety. It is important to understand the various types of protective orders in Virginia, and when each apply.  

In Virginia, there are three main types of protective orders:

• Emergency Protective Orders (EPOs):

An EPO involves intervention by law enforcement. It can be requested 24 hours a day, 365 days a year, whenever there is reasonable grounds to believe that an act of family abuse has occurred and there is probable danger of additional acts.  Because of the urgent nature of such situations, Law enforcement or the victim may request an EPO ex parte, with no notice to the defendant. An EPO remains in effect for 72 hours or until the next court day. Officers may seek an extension if the victim cannot petition the court for a preliminary protective order in sufficient time. However, Virginia law requires that the defendant be served a copy of the EPO as soon as possible, giving them the ability to be heard by the court. A defendant may file a motion with the court requesting a hearing to dissolve or modify such an order, and a hearing should be granted as early as possible.

• Preliminary Protective Orders (PPOs):

A victim can request a PPO from the Juvenile and Domestic Relations Court without the intervention of law enforcement, if there is a showing of immediate and present danger of family abuse, or that family abuse has already occurred. A PPO may also be issued ex parte, given the nature of the immediate and present danger involved. A full hearing must be set within 15 days with notice given to both parties, but the court can continue the hearing for good cause. If the court finds there is not sufficient proof or the evidence presented is not credible, it can dissolve the PPO and dismiss the case.

• Final Protective Orders:

Full protective orders do not require a showing of immediate and present danger.  However, a victim must prove an allegation of family abuse by a preponderance of the evidence. Following a full hearing, a judge may issue a protective order lasting up to two years.

If you are dealing with domestic violence or fear that you may be in danger, reach out to our legal team. We can help you file for a protective order and work to ensure your safety. Don’t let domestic violence leave you feeling powerless. Legal protections are available, and we will manage all aspects of the legal process. In contrast, you focus on your well-being and that of your loved ones.

What is Considered Family Abuse in Virginia?

In Virginia, “family abuse” is defined as acts of violence, force, or threat that result in bodily injury or places someone in reasonable fear of death, sexual assault, or bodily injury (including, but not limited to forceful detention, stalking, criminal sexual assault) committed by a family or household member. This can include:

• Spouses and former spouses, regardless of residence
• Parents, stepparents, children, children, stepchildren, brothers, sisters (including half), grandparents and grandchildren
• In-laws who live in the same household
• Individuals with a child in common, regardless of residence
• Current or former cohabitants, including their children

Domestic violence is treated as a Class 1 misdemeanor, and can lead to up to 12 months in jail and/or a $2,500 fine. For those with three or more convictions in a 20-year period, the charge escalates to a Class 6 felony, carrying a possible prison sentence of up to 5 years. Offenders will also lose the right to own firearms.

Stalking can also be prosecuted under domestic violence laws. Stalking involves repeated conduct (more tha one occurrence) intended to instill fear of death, sexual assault, or bodily injury to the victim or their family. Stalking charges carry similar penalties to domestic violence offenses.

Protective Orders in Domestic Violence Cases

A protective order restricts the abuser’s contact with you and may also impose additional conditions, such as:

• Banning acts of family abuse
• Prohibiting contact with family members
• Granting you exclusive use of the residence 
• Enjoining a party from terminating necessary utilities to the residence
• Allowing temporary use of a shared vehicle
• Ordering the abuser to provide alternative housing
• Requiring the abuser to attend treatment programs
• Granting temporary custody for up to two years

Protective orders may be extended for periods of up to two years for each extension.