Protective orders are important legal tools designed to help individuals seek safety from threats or acts of violence.
In Virginia, protective orders can provide immediate and longer-term protection in a variety of situations involving family members, household members, or others.
At Burchett & Mroczek, PLC., we believe it’s important for individuals to understand the general process surrounding protective orders — including what they are, how they work, and the different types available.
Here’s a basic overview of what you need to know.
📋 What Is a Protective Order?
A protective order is a court-issued document intended to protect an individual from acts of violence, force, threats, or abuse.
It can place restrictions on another person’s actions, such as prohibiting contact, requiring them to stay away from certain locations, or temporarily addressing custody or housing arrangements.
Protective orders are often issued in situations involving allegations of domestic violence, stalking, sexual assault, or serious threats.
📂 Types of Protective Orders in Virginia
Virginia law provides for three main types of protective orders, each serving a slightly different purpose and timeline:
1. Emergency Protective Order (EPO)
Typically issued quickly in urgent situations.
Can be requested by law enforcement or issued by a magistrate or judge.
Lasts up to 72 hours or until the next court session.
2. Preliminary Protective Order (PPO)
A short-term order that offers protection until a full hearing can be held.
Usually issued after a petition is filed and reviewed by a judge.
Lasts up to 15 days or until a court hearing for a permanent order.
3. Permanent Protective Order (Final Protective Order)
Issued after a full court hearing where both parties have the opportunity to present evidence.
Can last up to two years and may be renewed.
May include detailed restrictions on contact, custody arrangements, and living situations.
📜 Common Terms and Conditions in Protective Orders
Protective orders in Virginia can include a range of specific provisions, depending on the circumstances.
Some common conditions may include:
Prohibiting any form of contact with the protected individual.
Requiring the respondent to vacate a shared residence.
Granting temporary possession of a home or vehicle to the protected party.
Awarding temporary custody of minor children.
Mandating counseling or treatment for the respondent.
Each order is customized to address the specific concerns raised during the petition process.
⚖️ How Protective Orders Are Obtained
The process for obtaining a protective order generally begins with filing a petition at the appropriate court.
The petitioner must provide information about the alleged incidents that give rise to the request for protection.
Depending on the situation, an emergency order may be issued first, followed by a preliminary order and a hearing for a final protective order.
Courts take these matters very seriously, and both parties typically have the opportunity to be heard during the process.
📍 Important Considerations
Violating a protective order is a criminal offense in Virginia and can lead to arrest and additional legal penalties.
Protective orders can impact related matters such as child custody, visitation, and possession of property.
While protective orders are important for safety, they are separate from criminal charges, which may also be pursued in some cases.
🤝 How Our Office Can Help
At Burchett & Mroczek, PLC., we provide information and support to individuals navigating sensitive family law matters, including issues related to protective orders.
We are committed to helping clients understand the legal process, their options, and what steps may come next — always with a focus on safety, clarity, and professionalism.
If you would like to learn more about protective orders in Virginia or need guidance for your situation, contact our office to schedule a consultation.