Protective orders, in Virginia, are very similar to what’s known as “restraining orders” in other states. Protective orders can often be obtained for any person who is in danger of physical injury or harm, or threats of physical injury or harm.
Protective orders are available in two forms: a general protective order and a family abuse protective order. A general protective order is issued when the abuse occurs between non-family and non-household members. A family abuse protective order is issued when the abuse occurs between family or household members.
Virginia law defines “family abuse” as “when a family or household member commits any act involving violence, force, or threat that results in physical injury or places you in reasonable fear of death, sexual assault, or bodily injury. Such acts include, but are not limited to, any forceful detention, stalking, criminal sexual assault or any criminal offense that results in bodily injury or places you in reasonable fear of death, sexual assault, or bodily injury.” Va. Code §§ 16.1-228, 19.2-152.7:1.
To put it simply, you need to demonstrate that the offender has committed “abuse” – any doing of the aforementioned acts – to obtain a protective order. Additionally, you must show that the order is necessary to protect your health and safety. Verbal, mental, or emotionally abuse alone typically does not rise to the level of family abuse, unless accompanied with actual physical harm or a threat of physical harm.
If you are considering filing a protective order but are unsure of your options, please don’t hesitate to contact us at 804-423-1382 or info@wmmlegal.com to schedule a one-on-one consultation with one of our experienced Virginia domestic law attorneys.
