Family Law Services
Protective Order Lawyer in Fredericksburg, Virginia
A protective order can be the most urgent legal step in a family law matter. Whether you need one to protect yourself and your children, or you have been served with one and need to respond, acting quickly matters. Protective orders affect where you can go, whether you can see your children, and can influence the outcome of related custody and divorce proceedings. Shawna L. Stevens PLLC represents clients in protective order matters in Fredericksburg and across Stafford, Spotsylvania, King George, and Caroline counties.
Serving Fredericksburg, Stafford County, Spotsylvania County, King George County, and Caroline County.
Shawna L. Stevens
Family Law Attorney, Fredericksburg VA
The Three Types of Protective Orders in Virginia
Virginia Code § 16.1-253.1 and § 16.1-279.1 establish three levels of protective orders, each with different timeframes and procedural requirements.
Emergency Protective Order
Issued by a magistrate or law enforcement officer, typically when police respond to a domestic incident. Effective immediately and lasts up to 72 hours. No hearing is required for issuance. Its purpose is to provide immediate protection while a preliminary order hearing is scheduled.
Preliminary Protective Order
Issued by a General District or Juvenile and Domestic Relations Court judge after a hearing, typically scheduled within a few days of the emergency order. Can last up to 15 days pending a full hearing on a permanent order. The respondent has the right to appear and contest the preliminary order.
Permanent Protective Order
Issued after a full evidentiary hearing at which both parties may present evidence and testimony. Despite the name, a permanent protective order lasts up to two years in Virginia. It can be renewed. Violation of a permanent protective order is a Class 1 misdemeanor and can result in criminal charges.
If You Are Seeking Protection
A protective order in Virginia can be sought by a family or household member who has been subjected to an act of family abuse, including physical violence, threats, stalking, or conduct that places a person in reasonable apprehension of serious bodily injury. The petitioner does not need to have been physically harmed — credible threats can qualify.
To seek a protective order, you file a petition at the Juvenile and Domestic Relations District Court in the jurisdiction where you live, where the respondent lives, or where the abuse occurred. In Fredericksburg, that is the Fredericksburg J&DR Court. In Stafford County, it is the Stafford County J&DR Court. The petition is made under oath, and a judge or magistrate can issue an emergency order the same day.
Having an attorney present your case at the full hearing significantly affects the outcome. The permanent order hearing is an evidentiary proceeding — evidence is presented, witnesses testify, and the respondent has the right to cross-examine. Preparing and presenting that case effectively requires legal experience. For more context on how custody intersects with protective orders, see our child custody page.
If You Have Been Served with a Protective Order
Being served with a protective order does not mean the allegations are true, and it does not mean the order will remain in place. You have the right to contest the order at the full hearing. What you do between the time you are served and the hearing date matters significantly.
- Comply with every term of the order, even if you believe it is unjust. Violation is a criminal offense.
- Do not contact the petitioner directly, even to resolve misunderstandings.
- Document your whereabouts, communications, and interactions that are relevant to the allegations.
- Contact an attorney before the full hearing. The hearing is your opportunity to present your side.
A protective order entered against you can affect your child custody case, your housing situation, your employment in certain fields, and for military personnel, your security clearance. See our military divorce page for more on how protective orders interact with military career concerns.
The hearing typically takes place within 15 days of the preliminary order. That is a short window. Waiting until the day before to seek legal help limits what can be done.
How Protective Orders Connect to Divorce and Custody
Protective orders and family law proceedings often run parallel. A protective order entered during an active divorce or custody case can affect temporary custody arrangements, restrict access to the marital home, and shape what the judge considers in later proceedings.
In Virginia, a judge considering custody under § 20-124.3 must consider the history of family abuse when determining what arrangement serves the best interests of the child. A protective order is evidence of that history. Conversely, if a protective order is contested and not supported by the evidence, its absence from the record matters too.
Substance abuse allegations often accompany protective order proceedings. For more on how those issues are handled in custody cases, see our post on substance abuse and child custody in Virginia.
If you are separating from a spouse and a protective order is part of the picture, the legal strategy for the order and the strategy for the divorce or custody case need to be coordinated. Handling them separately, or without an attorney who understands how they interact, creates risk in both proceedings.
Protective Order Violations
Violating a protective order in Virginia is a Class 1 misdemeanor under § 16.1-253.2, punishable by up to 12 months in jail and a $2,500 fine. A second or subsequent violation within 20 years is a Class 6 felony. Violation also creates new grounds for the protected party to seek emergency relief and can result in immediate arrest.
If your ex-spouse or co-parent is violating a protective order entered in your favor, document each violation and contact law enforcement. You can also file a motion with the court that issued the order. For more on enforcing court orders generally, see our post on how to enforce a custody order in Virginia.
Questions We Hear Often
How quickly can I get a protective order in Virginia?
An emergency protective order can be issued the same day you file a petition, or by law enforcement responding to an incident. It lasts up to 72 hours. A preliminary order is typically scheduled within a few days. The full permanent protective order hearing is usually held within 15 days of the preliminary order.
Does a protective order automatically affect child custody?
Not automatically, but it frequently does as a practical matter. A protective order that restricts contact can limit a parent's access to children. In custody proceedings, a judge is required under § 20-124.3 to consider any history of family abuse, and a protective order is direct evidence of that history.
Can a protective order be dropped or dismissed in Virginia?
Yes. The protected party can request dismissal at any time, and a judge has discretion to grant or deny it. The respondent can also contest the order at the full hearing. If the evidence does not support it, the order may not be entered. Once entered, a permanent order remains in effect until it expires or is dismissed.
What is the difference between a protective order and a restraining order in Virginia?
Virginia does not use the term restraining order in its domestic relations statutes. What other states call a restraining order is called a protective order in Virginia. The terms are used interchangeably in common speech but refer to the same type of court order under Virginia law.
Can I get a protective order against someone I am not married to?
Yes. Virginia's statutes cover family or household members, which includes current and former spouses, parents and children, siblings, people who have a child in common, and cohabitants. The parties do not need to be married.
Will a protective order affect a military service member's career?
It can. A protective order entered against a service member may affect their security clearance and ability to possess a firearm, which is required in many military roles. The federal Lautenberg Amendment can restrict firearm possession following a qualifying domestic violence protective order. Service members should consult an attorney immediately.
Talk to a Protective Order Lawyer in Fredericksburg
Whether you need protection or need to respond to a protective order, act quickly. Contact Shawna L. Stevens PLLC to schedule a confidential consultation.
Phone: (540) 310-4088
Email: [email protected]
Address: 307 Lafayette Blvd, Suite 200, Fredericksburg, VA 22401
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