What You Should Know Before Filing
If you’re considering filing for a protective order in Virginia Beach, you may feel overwhelmed, frightened, or unsure of what to do next. These feelings are completely normal. A protective order is not just a legal document. It’s a vital tool meant to provide safety and peace of mind in situations where family violence, threats, or harassment have occurred.
At The Law Office of Laura L. McQuesten, we’ve guided many individuals through difficult family law situations, including those involving protective orders. Understanding how protective orders work, who qualifies, and what steps you should take can help you move forward with confidence.
In this article, we’ll walk you through the essentials of protective orders in Virginia Beach, what they can and cannot do, and what to expect if you decide to file.
What Is a Protective Order?
A protective order, sometimes called a restraining order, is a court order designed to protect someone who has been subjected to violence, threats, or abuse. In Virginia, these orders are most commonly issued in cases involving family or household members, but they can also extend to certain non-family situations.
Protective orders can:
- Prohibit contact between the accused person and the petitioner.
- Order the accused to stay away from specific locations (such as your home, workplace, or child’s school).
- Provide temporary child custody or visitation arrangements for children.
- Address issues like temporary possession of a home or vehicle.
There are three types of protective orders in Virginia:
- Emergency Protective Orders (EPOs): Short-term protection, usually lasting 72 hours (they expire at 11:59 p.m. on the third day and extend to the next court day if the court is closed).
- Preliminary Protective Orders (PPOs): Issued before a full hearing; typically last up to 15 days.
- Permanent Protective Orders: Granted after a court hearing, lasting up to two years (and renewable).
Who Can File for a Protective Order in Virginia?
In Virginia, you may be eligible to seek a protective order if you have experienced:
- Family abuse (violence, force, or threats by a family or household member).
- Stalking, sexual assault, or other acts that place you in reasonable fear of harm.
Family or household members include:
- Spouses or former spouses
- Individuals who share a child
- Parents, children, grandparents, or siblings who live together
- Individuals who cohabitate or have done so in the past year
Note: Virginia law also includes step-relations, in-laws, and anyone who has lived with you in the past 12 months, along with their children if they share your household, in the definition of family or household members.
Protective order petitions are typically filed in the Juvenile & Domestic Relations District Court when they involve family or household members. In cases of stalking, sexual assault, or threats by someone outside the family or household, petitions may instead be filed in the General District Court.
Common Misconceptions About Virginia Protective Orders
It’s important to clear up a few misunderstandings:
- Protective orders are not criminal charges. They are civil orders meant to prevent harm. However, violating a protective order is a criminal offense.
- You do not need to be physically injured to qualify. Threats and harassment may be enough if they place you in reasonable fear of harm.
- Protective orders can include children. If your children are at risk, the court can extend protection to them as well.
What to Expect After Filing a Protective Order in Virginia Beach
The process can feel daunting, but knowing the steps can reduce uncertainty:
- Emergency protection: If there’s immediate danger, law enforcement can help you request an Emergency Protective Order right away.
- Filing with the court: You can file a petition for a Preliminary Protective Order in the Juvenile & Domestic Relations District Court (or in the General District Court for non-family cases such as stalking or sexual assault).
- Hearing: The court will set a hearing date, usually within 15 days, to decide whether to issue a longer-term order.
- Final order: If granted, a Permanent Protective Order can last up to two years and can be extended if necessary. Importantly, a Preliminary Protective Order only becomes effective once the respondent has been personally served. At the final hearing, the court decides whether to issue a long-term order based on a preponderance of the evidence, which means it is more likely than not that abuse or threats occurred.
Once issued, protective orders are entered into the Virginia Criminal Information Network (VCIN), which allows law enforcement across the state to enforce the order immediately.
Practical Steps to Take Before Filing a Protective Order in Virginia
If you’re dealing with family law challenges and thinking about filing for a protective order in Virginia Beach, here are some immediate steps to consider:
- Keep records of any threats, messages, or incidents.
- Reach out to supportive friends or family if you feel unsafe.
- Contact law enforcement if you are in immediate danger.
- Speak with a Virginia Beach protective order lawyer who can explain your options and represent you in court.
Why You Need a Virginia Beach Restraining Order Lawyer
Protective orders are powerful tools, but they are also legal documents that can impact custody, visitation, and future family law proceedings. They may also require enforcement if violated, which is why having an attorney by your side is critical. Virginia Beach protective order lawyer Laura L. McQuesten provides the support you need, is committed to individualized legal guidance tailored to your needs, and devoted to fully protecting your rights.
At The Law Office of Laura L. McQuesten, we provide compassionate, client-focused representation for families in Virginia Beach. We help clients understand their options, prepare the necessary paperwork, and represent them in hearings. Our goal is to provide clear guidance during what can be one of the most stressful moments in a person ’s life.
Get Guidance on Protective Orders and Family Law Matters in Virginia Beach
Filing for a protective order is a serious step, but you don’t have to face it alone. If you believe you need protection, take action today. Your safety and your children’s safety should always come first.
If you live in Virginia Beach, Chesapeake, Norfolk, Suffolk, Portsmouth, or anywhere in Southeastern Virginia and need guidance on protective orders, custody, or family law, contact The Law Office of Laura L. McQuesten. We are here to help you understand your rights and protect your future.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is unique. If you need legal assistance, please consult an attorney about your specific circumstances.