Helping Victims of Domestic Violence Secure the Protection They Need.
If you are in immediate danger, call 911.
Protective Orders
in Williamsburg, VA
If you or your children are in danger, your safety comes first. Domestic violence can take many forms, and victims often feel trapped, isolated, and unsure where to turn. Virginia law provides protective orders to help keep you safe from an abuser. We act quickly to help you understand your options and secure the protection you need.
Important: Selje Law represents victims of domestic violence seeking protective orders. We do not represent individuals who have been accused or named as respondents in protective order proceedings.
What Is Domestic Violence Under Virginia Law?
Virginia law describes domestic violence as "family abuse." Family abuse involves acts of violence, force, or threat that result in bodily injury or place a person in reasonable fear of death, sexual assault, or bodily injury. To qualify as family abuse under Virginia law, these acts must be committed by a family or household member against another family or household member.
Domestic violence is not limited to physical assault. It can include threats, intimidation, and other behaviors designed to control, frighten, or harm a family member. If you are experiencing any form of abuse from a family or household member, you may be entitled to protection under Virginia law.
You are not alone, and what is happening to you is not your fault. Victims of domestic violence deserve protection, support, and the opportunity to live free from fear.
Who Is Considered a Family or Household Member?
Virginia law defines "family or household members" broadly to ensure that victims of domestic abuse can seek protection regardless of their specific relationship with the abuser.
Family or household members include:
• Current spouse
• Former spouse
• Parents and stepparents
• Children and stepchildren
• Brothers, sisters, half-brothers, and half-sisters
• Grandparents and grandchildren
(The above relationships apply regardless of whether the persons reside in the same home)
• In-laws who reside in the same home (parents-in-law, sons-in-law, daughters-in-law, brothers-in-law, sisters-in-law)
• Persons who have a child in common, regardless of whether they have been married or ever lived together
• Any individual who currently lives with you or has lived with you within the past 12 months
• Children of either party who reside in the home
Types of Protective Orders in Virginia
Virginia offers three types of protective orders, each designed to provide protection at different stages and in different circumstances. Understanding these options helps you know what to expect as you seek protection.
Who Can Issue an EPO:
Any judge of a circuit court, general district court, or juvenile and domestic relations court, or a magistrate can issue an Emergency Protective Order.
How an EPO Is Obtained:
An EPO is typically issued in an ex parte hearing, meaning the abuser is not present. The order can be based on a sworn statement by a law enforcement officer or by you as the alleged victim. If you call 911 or report domestic violence to police, the responding officers can help you obtain an Emergency Protective Order that same day or night.
How Long an EPO Lasts:
An Emergency Protective Order expires 72 hours after it is issued. If the order expires at a time when the court is not in session, it is automatically extended until 5:00 p.m. on the next business day the court is open.
Important Notes About EPOs:
Because the order is issued without the abuser having an opportunity to be heard, a copy must be served on the abuser as soon as possible. The abuser may file a motion asking the court to dissolve or modify the order, and the court should grant a hearing as soon as possible. The fact that an EPO was issued cannot be used as evidence to prove that abuse actually occurred.
Emergency Protective Order (EPO)
An Emergency Protective Order provides immediate protection when you are in urgent danger. These orders can be issued any time of day or night, any day of the year.
When a PPO Can Be Issued Ex Parte:
The court can issue a Preliminary Protective Order without the abuser present if you present evidence showing that you face "immediate and present danger" of family abuse or that family abuse has recently occurred. You must swear under oath that these circumstances exist.
Service on the Abuser:
The abuser must be served with a copy of the Preliminary Protective Order for it to be effective. The order will include a date and time for the hearing on a Permanent Protective Order.
Timing of the Full Hearing:
The hearing for a Permanent Protective Order must be held within 15 days of the issuance of the ex parte Preliminary Protective Order. If that hearing is continued for any reason, the Preliminary Protective Order remains in effect until the hearing takes place.
The PPO serves as a bridge between emergency protection and the full hearing where you can present your case for longer-term protection.
Preliminary Protective Order (PPO)
A Preliminary Protective Order provides protection while you wait for a full hearing on a Permanent Protective Order. You obtain a PPO by filing a petition with the Juvenile and Domestic Relations District Court.
The Hearing:
At the hearing, you have the opportunity to present evidence of the abuse, including testimony, documents, photographs, and witnesses. The abuser also has the opportunity to respond and present their own evidence. The court will weigh all the evidence presented.
The Court's Decision:
If the court finds that you have proven the allegations of family abuse, it may issue a Permanent Protective Order. If the court finds the evidence insufficient, it will dissolve the Preliminary Protective Order and dismiss the case.
Duration:
The court may issue a Permanent Protective Order for a specific period of time, up to a maximum of two years. During the time the order is in place, either party may file a written motion requesting a hearing to dissolve, modify, or extend the order.
If your circumstances require continued protection beyond the initial period, you can petition the court to extend the order before it expires.
Permanent Protective Order
A Permanent Protective Order is issued after a full hearing where both you and the abuser have the opportunity to present evidence. Despite the name, "permanent" protective orders are not indefinite. They last for a specific period set by the court.
Why You Should Have an Attorney for Protective Order Hearings
While you can seek a protective order without an attorney, the stakes are high. The outcome of your case affects your safety and potentially the safety of your children. Having experienced legal representation makes a difference.
An Attorney Can:
• Help you understand the process and what to expect at each stage
• Assist with gathering and organizing evidence of the abuse
• Prepare you for your testimony so you can present your case clearly
• Present your case effectively to the court
• Cross-examine the abuser if they contest the order
• Ensure all appropriate protections are included in the order
• Handle procedural requirements correctly so your case is not dismissed on a technicality
Abusers often contest protective orders. They may hire an attorney, deny the abuse, or try to paint you in a negative light.
You deserve an advocate who can respond effectively and keep the focus on your safety.
Related Services
Divorce
Ending a marriage is never easy. Virginia requires specific grounds and waiting periods before a divorce can be finalized. We help you understand your options, protect your interests in property division, and work toward a resolution that lets you move forward, including:
- separation agreements
- property division
- settlement negotiations
Military
Divorce
Divorce is complicated. Military divorce adds layers most attorneys never learn. Federal laws govern how retirement pay is divided, whether you keep TRICARE, and how deployment affects custody. As a military spouse and Gold Star widow, Barbara understands these challenges firsthand.
Custody &
Visitation
Nothing matters more than your relationship with your children. Virginia courts decide custody based on what serves your child's best interests. We help you build a strong case for the parenting arrangement that protects your bond and provides stability, including:
- legal custody
- physical custody
- joint legal/physical custody
Child & Spousal Support
Support calculations follow Virginia guidelines, but the numbers do not always tell the full story. We make sure the court sees your real financial picture and fight for arrangements that are fair to you and sustainable for your family for:
- spousal support
- child support
- paternity
What types of protective orders are available in Virginia?
Virginia offers three types of protective orders. Emergency Protective Orders provide immediate protection and last up to 72 hours. Preliminary Protective Orders provide short-term protection while awaiting a full hearing. Permanent Protective Orders are issued after a full hearing and can last up to two years.
How long does a protective order last?
Emergency Protective Orders last 72 hours, with automatic extension if the order expires when court is not in session. Preliminary Protective Orders last until the full hearing, which must occur within 15 days. Permanent Protective Orders can last up to two years and may be extended upon petition to the court.
Do I need an attorney to get a protective order?
No, you can file for a protective order without an attorney. However, having legal representation helps ensure your case is presented effectively, especially at the Permanent Protective Order hearing where the abuser may contest the order. An attorney can help gather evidence, prepare your testimony, and advocate for all the protections you need.
What if my abuser violates the protective order?
Violating a protective order is a criminal offense in Virginia. If the abuser violates the order, contact law enforcement immediately. The abuser can be arrested and criminally charged for the violation. Document each violation, including dates, times, and what happened.
Contact Us
Finding the right firm to represent your family can be overwhelming. Let's talk about your case and the best way to proceed for your situation.
