I think I’m in an abusive relationship. What are my legal options in Virginia?
Abusive relationships can take many forms: physical abuse, psychological or emotional abuse, or financial or economic abuse. In any type of abusive relationship, you may be worried about your safety, custody, housing or finances.
If you’re in this situation, know that you are not alone — and that there are legal options that exist to help you stay safe and protect you. As a first step, it’s best to consult with an attorney to discuss these concerns and your options.
This article focuses on available legal remedies for those experiencing physical abuse by a family or household member in Virginia. If you are experiencing family abuse, you may want to seek a protective order to help ensure your or your family’s safety.
What is family abuse?
Under Virginia law, family abuse includes:
- Any act involving violence, force, or threats that result in physical harm
OR
- Actions that put you in reasonable fear of death, sexual assault, or physical harm
AND
- Is committed by a family or household member
Who counts as a family or household member?
In Virginia, a family or household member includes:
- Current or former spouses
- Parents
- Children
- Stepparents
- Stepchildren
- Siblings
- Half-siblings
- Grandchildren
- Grandparents
- In-laws (if you live with them)
- Anyone you share a child with
- Anyone who lives with you or has lived with you in the past 12 months
What is a protective order?
In Virginia, a protective order is a civil court order designed to stop violent behavior and keep the abuser away from you.
To obtain a protective order in cases of family abuse, you’ll need to file a petition with the court stating that a family or household member has committed an act of violence, force or threat that resulted in a physical injury or put you in reasonable fear of death, sexual assault or physical injury.
There are three types of protective orders in Virginia:
1. Emergency protective order
Emergency protective orders are most commonly granted alongside criminal charges of domestic assault and battery. These typically last up to 72 hours.
2. Preliminary protective order
You can request a preliminary protective order as part of the underlying petition for a protective order. Preliminary protective orders are designed to provide temporary protection between the date you file the petition and the protective order hearing. They can last up to 15 days and are overwhelmingly granted ex parte — meaning that the abuser doesn’t receive notice of the request for the preliminary protective order when the Court decides whether to grant it
3. Protective order
A protective order can be granted following a hearing where both parties are given the opportunity to share their side of the story. Protective orders in Virginia can last up to two years.
What can a protective order do?
When you file a petition for a protective order, you’ll indicate what you would like the Court to order. Protective orders can offer any type of relief necessary to ensure the protection of you, your family or household members. This may include:
- Ordering that the abuser does not commit acts of violence, force, or threat, or crimes resulting in injury to a person or damage to property
- Prohibiting the abuser from contacting you, your family or household members
- Granting you possession of a pet or companion animal (if you’re considered the pet’s owner)
- Granting you temporary possession of the home you and the abuser share
- Temporarily removing the abuser from the home and ordering that they can’t shut off any necessary utilities
- Granting you temporary possession of a shared vehicle
- Granting you a preliminary protective order
- Ordering temporary custody or visitation with a minor child
Do I need a lawyer?
While you can file a petition on your own, it’s often best to consult with an attorney before you file. Your lawyer can help you draft a petition and help you determine what you need to best ensure your and your family’s safety. Beyond that, they can represent you in the hearing on your request for a protective order, which is a trial that follows formal court rules and procedures. Your attorney can also help guide you through any related legal issues, such as child custody, housing or financial support
If you are in an abusive relationship, help is available.
Even if you’re not ready to speak with a lawyer, there are other resources available to help you consider your options and ensure your safety:
Dometic violence hotlines
- National Domestic Violence 24-Hour Hotline: 1-800-799-7233
- Virginia Statewide 24-Hour Hotline: 1-800-838-8238
- Fairfax County Hotline Domestic and Sexual Violence 24-Hour Hotline: 703-360-7273
Shelters and housing support in Northern Virginia
- Artemis House (24-hour emergency shelter): 703-435-4940
- Bethany House of Northern Virginia: 703-658-9500
Legal assistance for low-income individuals
- Legal Services of Northern Virginia: 703-778-6800
If you are in danger or need immediate help, call or text 911.
No one deserves to live in fear. If you’re facing abuse, help is available — and you have legal options to protect yourself and your loved ones.
Kiana Givpoor is a family law attorney who serves clients in Virginia, Maryland and Washington, DC. If you’re experiencing domestic abuse or need legal guidance on a family matter, Tucker’s family law attorneys are here to help. Contact us to talk through your options confidentially.
