What Are the Different Types of Protective Orders in Virginia?

 Posted on July 12, 2026 in Protective Orders

Virginia law recognizes three types of protective orders, each one for a different stage of a family abuse case. Knowing which order applies to your case can help you protect yourself and your children quickly. If you are seeking a protective order in 2026, an experienced Stafford, VA, protective order attorney can guide you through the right steps.

What Are the Three Types of Protective Orders in Virginia?

Virginia law recognizes three types of protective orders in family abuse cases, each one for a different stage of the case. The three types of protective orders are:

• Emergency protective order

• Preliminary protective order

• Permanent protective order

These orders often build on one another as a case moves toward resolution. Understanding how they connect can help you avoid gaps in protection while your case moves through court.

What Does an Emergency Protective Order Do in Virginia?

An emergency protective order gives immediate, short-term protection when danger is present. Under Virginia Code § 16.1-253.4, a judge or magistrate can issue this order based on a law enforcement officer's request or a petitioner's sworn statement, often at the scene of an incident or shortly after. 

The emergency protective order can bar contact and remove the other person from a shared home. It expires at 11:59 p.m. on the third day after it is issued, or the next day court is in session if that third day falls on a weekend or holiday.

What Happens During a Preliminary Protective Order in Virginia?

A preliminary protective order often follows an emergency protective order, but it can also be the first order entered in some cases. Under Virginia Code § 16.1-253.1, a petitioner can ask for this order in Juvenile and Domestic Relations District Court. A judge may grant it based solely on a sworn statement, without the other party present. 

The preliminary protective order can last up to 15 days and sets a date for the full hearing. Breaching a preliminary protective order can lead to contempt proceedings or criminal charges, depending on the circumstances.

What Can a Full Protective Order Include in Virginia?

Family abuse remains a serious problem across Virginia. According to the Office of the Attorney General and Department of Law 2024 report, in one year, Virginia's Statewide Hotline for Domestic and Sexual Violence received 72,831 calls from people asking for help. Those numbers illustrate how many families seek protection that lasts beyond the initial crisis.

A full protective order, often called a permanent protective order, follows a full hearing. At the hearing, both sides can present evidence and testimony. Under Virginia Code § 16.1-279.1, if granted, a permanent order can last up to two years and may later be extended by a judge. The order can give one spouse sole use of a shared home, limit contact, and add other terms a judge finds necessary to protect the petitioner and their family.

A permanent order also generally prohibits the respondent from possessing firearms while the order remains in effect. Once served with a full protective order, the respondent generally has 24 hours to surrender, sell, or transfer any firearm they already have. Knowingly possessing a firearm after that period can be a Class 6 felony.

Who Can Ask a Virginia Court for a Protective Order?

Virginia limits the filing of protective orders to people who have a qualifying relationship with the other party. The law calls this a family or household member. Examples include a spouse or former spouse, a parent or child, and a person you share a child with, even if you were never married. It also includes someone who has lived with you as an intimate partner within the past year. 

There is no filing fee for any of the three order types, so cost should never stop you from seeking protection. If you are unsure whether your relationship qualifies, consult an attorney.

Schedule a Consultation with a Stafford, VA Protective Order Lawyer

At Meyer & Bowden, PLLC, our attorneys bring more than 50 years of combined experience to family law cases. Attorney Tracy Meyer has been recognized as a "Top Divorce Lawyer" by both Washingtonian Magazine and Northern Virginia Magazine. Our team works hard to keep clients out of lengthy court battles and solve problems quickly, while staying ready to fight for you in court when negotiations don't work. Contact a Fredericksburg, VA family law attorney at Meyer & Bowden, PLLC today by calling 703-722-8692.