---
title: "How to Get a Protective Order in Virginia: Fairfax Guide"
description: "How to get a protective order in Virginia: emergency, preliminary and full orders, the grounds, filing in Fairfax with no fee, and 24-hour hotlines."
url: "https://firstpointlaw.com/solutions/protective-order"
---

Family guide

# I Need a Protective Order

If someone is hurting or threatening you, you deserve to be safe, and you do not have to sort this out alone. This page explains how Virginia protective orders work, how to ask for one in Fairfax County, and what an order can include.

  [Call (703) 385-6868](tel:+17033856868) Request a Consultation

- Fairfax and Northern Virginia courts

## If you are in danger, call 911

If you are in immediate danger, call 911. A magistrate can issue an emergency protective order at any hour of the day or night. It generally expires at 11:59 p.m. on the third day after it is issued, and longer protection requires a preliminary protective order from the court.

 [Talk with our team: (703) 385-6868](tel:+17033856868)         [Practice area **Family Law**](/legal-services/family-law/)

## At a glance

- Virginia has three stages: an emergency order (about 3 days), a preliminary order (until a hearing within 15 days) and a full order.
- Family abuse cases go to J&DR court. Cases against anyone else go to General District Court.
- Virginia charges no fee to file or serve a protective order petition.
- A full order can last up to two years, sometimes four, and can be extended before it expires.

## Your Safety Comes First

If you are in immediate danger, call 911. Police can help you ask for an emergency protective order at any hour.

You can also talk with a trained advocate, free and confidentially, at any time:

- Fairfax County Domestic and Sexual Violence 24-Hour Hotline: 703-360-7273.
- Virginia Statewide Sexual and Domestic Violence Hotline: 1-800-838-8238, or text 804-793-9999. Interpretation is available in more than 200 languages.
- National Domestic Violence Hotline: 1-800-799-7233, or text START to 88788.

Advocates can help you make a safety plan at your own pace. In Fairfax, advocates at the county's Domestic Violence Action Center (703-246-4573) also help people through the court process.

If you worry that someone checks your phone or computer, the National Domestic Violence Hotline notes that device use can be monitored. It suggests using a safer computer, such as one at a public library or at work.

## What Are the Grounds for a Protective Order in Virginia?

A protective order is a court order that limits what another person can do, to protect your safety. Virginia has two kinds:

- Family abuse protective order: for acts by a family or household member. "Family abuse" means violence, force or threat that causes bodily injury, or reasonable fear of death, sexual assault or bodily injury (§ 16.1-228). It includes forceful detention, stalking and sexual assault.
- Protective order for an act of violence, force or threat: the same kind of act by anyone else, such as a neighbor, coworker or stranger (§ 19.2-152.7:1).

Since July 1, 2026, Virginia's stalking law expressly covers conduct by phone, computer or other device (§ 18.2-60.3). Fairfax County's protective order guide notes that emotional or verbal abuse, though harmful, is not by itself grounds for an order.

### Who Counts as a Family or Household Member

Under § 16.1-228, this includes:

- A current or former spouse, even if you live apart.
- Parents, stepparents, children, stepchildren, siblings, grandparents and grandchildren.
- In-laws who live in your home.
- Anyone you have a child with, married or not.
- Anyone you cohabit with, or cohabited with in the past 12 months, such as a live-in partner.
- Since July 1, 2026, an intimate partner: someone you dated or had a romantic or sexual relationship with in the past 12 months.

### Which Court Handles It

Family abuse cases go to the Juvenile and Domestic Relations District Court, often called the J&DR court. So do cases where either person is a child. Other cases go to the General District Court. During a divorce, the Circuit Court can also order a spouse out of the shared home when there is reasonable fear of physical harm (§ 20-103(B)). Our contested divorce page explains that order.

## The Three Types of Protective Orders

Order
Who issues it
How long it generally lasts

Emergency (EPO)
A magistrate (at any hour) or a judge
Until 11:59 p.m. on the third day after it is issued (longer if court is closed)

Preliminary (PPO)
A judge, without the other person present
Until the full hearing, generally within 15 days

Full protective order
A judge, after a hearing
Up to two years, and it can be extended

### Emergency Protective Orders

An emergency protective order (EPO) is for immediate danger. You, or a police officer, tell a magistrate (a judicial officer on duty around the clock) or a judge under oath what happened. In a family abuse case, the magistrate or judge must find a probable danger of more abuse, plus an arrest warrant or reasonable grounds to believe abuse occurred (§ 16.1-253.4). The test for other cases is similar (§ 19.2-152.8). Leaving your home to stay safe does not affect your ability to get one.

### Preliminary Protective Orders

A preliminary protective order (PPO) covers the time until a full hearing. You swear to the facts in writing (an affidavit) or in testimony. The judge can grant it "ex parte," meaning without the other person present, if there is immediate danger or evidence of recent abuse (§ 16.1-253.1).

You do not need an EPO first. A PPO takes effect once a sheriff's deputy personally hands it to the other person, called the respondent.

### Full Protective Orders

At the full hearing, the judge can enter an order if you prove your case by a "preponderance of the evidence," meaning more likely than not. A full order can last up to two years. In a family abuse case, it can last up to four years if the respondent had a prior family abuse order in the past 10 years (§ 16.1-279.1).

## How to Ask for a Protective Order in Fairfax County

### Family Abuse Cases: J&DR Court Intake

Family abuse petitions start at the J&DR court's Domestic Relations Services intake office. Call 703-246-3040, between 8 a.m. and 4:30 p.m., for an appointment. Staff screen callers by phone and try to schedule the same day.

- The office is in the Fairfax County Courthouse, 4110 Chain Bridge Road, Suite 202. You can also file remotely.
- Plan on at least two hours. Interpreters are free; mention your language when you call.
- An intake counselor prepares the forms with you, and you swear they are true.
- A judge decides on the PPO, usually the same day, from your affidavit or at a short hearing.

Fairfax J&DR does not use I-CAN, the state's online form program, for protective orders.

### Other Cases: General District Court

For someone who is not a family or household member, petitions go to the General District Court's Civil Division, Room 211, in the same courthouse, from 8 a.m. to 3:30 p.m. You write an affidavit, and a judge reviews it the same day. This court accepts I-CAN forms, but all forms must be in English.

### Nights, Weekends and Holidays

The Fairfax magistrate's office at 10520 Judicial Drive, beside the Adult Detention Center, is open 24 hours a day (703-246-2178). Bring a photo ID if you have one, and the other person's name, date of birth, location and description.

### What to Bring

- The other person's home or work address. A P.O. box can't be used, because the order must be handed to them.
- Their full name, date of birth, description and employer, if known.
- A list of incidents, most recent first, with dates, injuries and police calls.
- Any EPO, warrant, police report, photos or messages.

### Is There a Filing Fee?

No. Virginia law bars any fee for filing or serving a protective order petition, in either court (§§ 16.1-279.1(J), 19.2-152.10(J)). The sheriff serves the order free of charge in Virginia. Fairfax's court notes that serving someone outside Virginia may require a paid private process server.

## What Happens at the Full Hearing

The hearing date is written on your PPO. In Fairfax J&DR, you get a hearing date even if the PPO is denied. In General District Court, a denied PPO can be reheard by motion or appealed. At the full hearing, the judge hears from both sides and their witnesses, then decides whether to enter a full order and what it includes.

- Evidence: witnesses, photos, texts, medical records and police reports can help. In Fairfax, witness subpoenas should be requested at least 10 days ahead.
- Specific requests: temporary custody, support, the home or a vehicle generally must be shown to be needed for safety. Child support also requires income information.
- If the respondent was not served: the court can postpone the hearing and extend the PPO for up to six months.
- If you cannot attend: the PPO generally ends that day, and the case may be dismissed.
- At the courthouse: if you feel unsafe, a sheriff's deputy can help, including walking you to your car.

Either side can appeal a final order to the Circuit Court within 10 days, for a new trial. A granted protective order generally stays in effect during the appeal (§§ 16.1-298, 16.1-106).

## What a Protective Order Can Include

Any protective order can prohibit further violence, limit or forbid contact, keep the respondent away from your home or other places, and give you possession of your pet. A family abuse order can also include:

- Possession of the shared home. Since July 1, 2026, the court can also require the respondent to pay, or help pay, the rent or mortgage.
- Keeping necessary utilities on.
- Possession of a vehicle you own alone or jointly, and of your cell phone number.
- An order not to use devices to track you.
- Alternative housing provided by the respondent.
- Treatment or counseling for the respondent.
- Temporary custody, visitation and child support.

Possession of a home or car does not change who owns it.

### Firearms

While any protective order is in effect, the respondent may not buy or transport a firearm (§ 18.2-308.1:4). A full order also bars possessing one. The respondent has 24 hours after service to surrender, sell or transfer firearms, and 48 hours to certify this to the court.

### Your Address Stays Private

Police, prosecutors, the court and the clerk may not disclose the protected person's address, phone number or workplace, except in narrow situations (§ 16.1-279.1(I)).

## Violations, Extensions and Hope Cards

If the respondent violates the order, call 911 and show the order to the police. In a family abuse case, violating a no-contact, stay-away or no-abuse term is a Class 1 misdemeanor. It can be a felony in some situations, such as when the respondent is armed or causes injury (§ 16.1-253.2). Similar rules apply to other protective orders (§ 18.2-60.4). Violating other terms can be punished as contempt of court.

Only a judge can change an order. Even if both people agree to have contact, the order stays in force until a judge modifies or dissolves it.

To extend a full order, the petitioner files a written motion before it expires. The court can extend it up to two years at a time, with no limit on extensions (§ 16.1-279.1(B)). A Fairfax protective order is enforceable by law enforcement anywhere in the United States.

### Hope Cards

A Hope Card is a free, wallet-size card showing the key details of a final protective order. Fairfax's court offers it for a final Virginia order that lasts 12 months or longer and is valid for at least 12 months from the date you apply. You apply through the clerk of the issuing court. A Hope Card does not replace the order itself.

## Children, Custody and Immigration Status

### Children and Custody

Custody and support terms in a protective order are temporary. Fairfax's court notes that changing them later takes a separate custody or support petition. When a court decides custody, it must consider any history of family abuse (§ 20-124.3). An adult can also file on a child's behalf in J&DR court, as the child's "next friend." Our custody guide explains how Virginia judges decide custody.

### If You Are an Immigrant

Virginia's protective order laws do not require any immigration status, and Fairfax courts provide free interpreters. Some survivors may also have immigration options. An abused spouse or child of a U.S. citizen or permanent resident may be able to file a VAWA self-petition without the abuser knowing. The U visa is for victims of certain crimes, including domestic violence, who help law enforcement. Our page for people who are undocumented explains both, and our immigration team can review your history with you.

## How First Point Can Help

Our family law team helps people ask for protective orders in Fairfax and Northern Virginia courts. We can help prepare your petition and evidence, represent you at the full hearing, and ask to extend an order. These cases often connect to custody, support or divorce, which we also handle, and our immigration team can help when a situation involves both. When you contact us, you can tell us the safest way and time to reach you.

It helps to bring:

- Any EPO, PPO, protective order or other court papers.
- Your list of incidents, with dates.
- Photos, messages, voicemails and medical records.
- Police reports or criminal case information.
- Any custody, support or divorce orders.

## Your family law team

- Lisa Benjamin Lead Attorney
- Katherine Martell Managing Partner

## Frequently Asked Questions

  What are the grounds for an emergency protective order in Virginia?

For family abuse, a magistrate or judge must find a probable danger of more abuse. There must also be an arrest warrant for assault and battery against a family member, or reasonable grounds to believe family abuse happened (§ 16.1-253.4). For anyone else, the test is an act of violence, force or threat, plus a probable danger of another one or a related arrest warrant (§ 19.2-152.8).

  Which is worse, an order of protection or a restraining order?

Neither. They are different names for similar orders. Virginia uses the term "protective order," and Fairfax's J&DR court notes that it is sometimes known as a restraining order. What matters is the type of order and the terms the judge includes, such as no contact or possession of the home.

  What are the requirements for a no-contact order in Virginia?

"No contact" usually describes a term inside a protective order. It limits or forbids the other person's contact with you and, if the order lists them, your family or household members. The grounds are the same as for any protective order. Separately, when someone is charged with a crime, a judge or magistrate can order them to avoid all contact with the alleged victim as a condition of release (§ 19.2-123).

  What can you legally do to make someone stay away from you?

If you are in danger, call 911. A protective order is the main court tool: a judge can order the person to stay away from you, your home and other places, and to have no contact. Stalking, threats and assault can also be reported to the police as crimes. An advocate at one of the hotlines on this page can help you plan for safety at your own pace.

  Can I get a protective order against someone I dated?

Yes, if the legal grounds are met. Since July 1, 2026, an intimate partner from the past 12 months counts as a family or household member, so the case goes to J&DR court as a family abuse case (§ 16.1-228). If the relationship ended more than 12 months ago, a protective order may still be available in General District Court. Some online guides were written before this change.

  Do I need a lawyer to get a protective order, and what does one cost?

No, you can file on your own. Court intake staff and advocates explain the process, though they cannot give legal advice. There is no court fee to file or serve the petition, but a judge may assess costs and attorney fees against either party. A lawyer's cost depends on the work involved, such as a contested hearing, an appeal or related custody issues, and our firm explains its fees before you decide to hire us.

  Can I drop a protective order?

A petitioner can ask the court to dissolve a preliminary or full order, and the judge can do so without a hearing in some cases (§ 16.1-279.1(G)). Until a judge signs an order ending it, the order stays in force, even if both people agree. An advocate or a lawyer can talk with you about safety before you decide.

This guide is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case is different. To talk about yours, call (703) 385-6868 or request a consultation.

## Sources

- Code of Virginia § 16.1-253.4: Emergency protective orders (family abuse)
- Code of Virginia § 16.1-279.1: Protective order in cases of family abuse (duration, relief, no fee)
- Code of Virginia § 19.2-152.10: Protective order for acts of violence, force or threat
- Code of Virginia § 18.2-308.1:4: Firearms and protective orders
- Fairfax J&DR Court: Protective Order / Domestic Violence (intake and Hope Cards)
- Fairfax County Council to End Domestic Violence: Protective Orders in J&DR Court
- Fairfax County Council to End Domestic Violence: Protective Orders in General District Court
- Fairfax County Family Services: New Virginia laws for survivors (July 2026) and the 24-hour hotline
- Virginia Sexual and Domestic Violence Action Alliance: Statewide Hotline
- National Domestic Violence Hotline: Internet safety

Last reviewed October 23, 2026

## Related situations

- I'm facing a custody battle How Virginia judges decide custody, where Fairfax custody cases are heard, what the first hearing looks like, and what happens after an order.
- My spouse won't agree to a divorce How a contested divorce works in Virginia: grounds, the 21-day deadline if you were served, temporary orders, and the steps in Fairfax Circuit Court.
- I'm undocumented A plain guide to the main paths to legal status: the I-601A waiver, 245(i), cancellation of removal, the U visa, VAWA and asylum.

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