Questions and Answers About Protective Orders
  • How can I obtain an order that will be in effect for more than 3 days?

    You may petition a court for a preliminary protective order whether or not you requested or received an Emergency Protective Order.  You may complete a petition online with the Virginia Judicial System’s I-Can! program, but you must file the petition in person with the court.

    A petition for a preliminary protective order involving a juvenile or a family or household member is filed through the Virginia Beach Court Services Unit on the ground floor of the Courthouse (below the Juvenile and Domestic Relations Court).  The Court Services Unit strongly encourages petitioners to arrive at 8:00 a.m. to get on the court schedule for that day. 

    A petition for a preliminary protective order for acts of violence, force, or threat not involving a juvenile or a family or household member is filed with the General District Court Clerk’s Office, Civil Division, on the second floor of the courthouse.  

    A court may issue a preliminary protective order that remains in effect for approximately 15 days.  The court will then hold a hearing and court may issue a protective order for up to 2 years. 

  • How long is an Emergency Protective Order in effect?

    An Emergency Protective Order lasts approximately 3 days.  However, it is not enforceable until it is personally served by law enforcement.  After it is issued, an Emergency Protective Order will be given to the Virginia Beach Police Department for service. 


  • What does an Emergency Protective Order require?

    An Emergency Protective Order prohibits further acts of violence, abuse, or criminal offenses involving injury to protected persons and their property.  It may also order that the respondent have no contact with you and other members of your family and that he or she not come within 100 feet of your residence or place of employment.  A Family Abuse Emergency Protective Order may also grant exclusion possession of a residence.  An Emergency Protective Order may also grant custody of a pet.  However, a magistrate may not award child custody as part of an Emergency Protective Order.

  • When does a magistrate have authority to issue an Emergency Protective Order?

    Under Virginia law, a Magistrate has authority to issue an Emergency Protective Order if:

    • A family member or household member battered or physically abused you or engaged in conduct that created a reasonable apprehension of death, sexual abuse, or bodily injury, and there is a probable danger of further abuse; or
    • Another person committed an act of violence, force, or threat against you and an arrest warrant is issued for a crime involving violence, force, or threat or there is a probable danger of a further such offense.

    A Magistrate has no authority to issue other kinds of “restraining orders” or injunctions.

  • Who may request an Emergency Protective Order?

    ​A law enforcement officer or the person to be protected may petition for an Emergency Protective Order.  A parent or other person standing in loco parentis may also petition for an Emergency Protective Order on behalf of a juvenile.  The petitioner must provide testimony under oath and submit a written sworn complaint.

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