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Is It Family Abuse
Confirming that what happened fits Virginia's definition of family abuse, so you are on the right track.
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OfficesFairfax | Manassas
Protective Orders / Family Abuse Orders
Family Abuse Orders · Virginia
Protection from someone who should have kept you safe.
A family abuse protective order is for harm that comes from inside the home, from a spouse, a former partner, a parent, or another household member. Virginia law gives you a way to put real distance between you and that person. We can help you start today.
If you are in immediate danger, call 911. The first call to us is a conversation, not a commitment.
The Short Answer
A family abuse protective order is available to a family or household member who has been subjected to family abuse. That includes current and former spouses, people who share a child, parents and children, and others who live together or recently did. You do not have to wait until you are hurt; reasonable fear of harm can be enough.
How It Works
What the law protects, and how.
When the danger comes from inside your own home, the law treats it differently from a threat by a stranger. Virginia has a specific track for family abuse, with its own definitions and its own protections. Understanding who qualifies and what an order can do is the first step toward feeling safe again.
What family abuse means
Family abuse generally means an act of violence, force, or threat by a family or household member that results in bodily injury or places you in reasonable fear of harm. It is broader than a single punch. It can include threats, forceful detention, and a pattern of conduct that makes you afraid. The key idea is that you do not have to wait to be physically injured. Reasonable fear of harm can be enough to seek protection.
Who counts as a family or household member
This is what separates a family abuse order from other protective orders. Virginia's definition reaches current and former spouses, people who have a child together, parents and children, other relatives, and people who live together now or who have within the past year. If the person who is harming you fits that definition, the family abuse track is the right one. If they do not, a different kind of protective order may apply, and we will point you to it.
The three levels of protection
Protection comes in stages. An emergency protective order can be issued quickly, often with police involvement, and lasts a short time. A preliminary order, granted after you file a sworn petition, holds protection in place until a full hearing. A full protective order, entered after that hearing, can last up to two years and can be extended if the danger continues. Each stage exists so you are not left unprotected while the case moves forward.
What an order can require
The terms are shaped to your situation. An order can prohibit the other person from contacting you, require them to stay away from your home and your workplace, grant you exclusive use of a shared residence, and address temporary custody and support of children. The court sets the terms based on what it takes to keep you safe, and we help you ask for the protections that actually fit your life.
The standardAn act of violence, force, or threat causing injury or reasonable fear of harm.
Who it coversFamily or household members: spouses, former partners, co-parents, relatives, cohabitants.
Three levelsEmergency, preliminary, and full orders, each bridging to the next.
What it can doNo contact, stay-away terms, exclusive use of a home, temporary custody and support.
How longA full order can last up to two years and can be extended.
You Do Not Have to Wait
Reasonable fear of harm can be enough. You do not need to be physically injured first, and you do not need to face the process alone. Help can begin with a single phone call.
Source: Va. Code § 16.1-228 et seq. Confirm the current statutory text and definitions as they apply to your situation.
Corrie Sirkin, Esq.Founding Partner
Attorney Insight
A few honest things about seeking protection.
"People worry they are overreacting. If you are afraid in your own home, that fear is reason enough to ask what your options are."
The hardest part for most people is letting themselves believe it is serious enough to act on. I hear it constantly: maybe it was not that bad, maybe I am overreacting. You are not. If someone in your home has made you afraid, the law gives you a way to put distance between you and that person, and you are allowed to use it. My job is to make the process feel less daunting, to help you tell the court what happened in a clear and honest way, and to ask for the terms that actually keep you safe. You do not have to have every answer before you call. You just have to take the first step, and we will help with the rest.
Questions People Ask
Plain answers about family abuse orders.
These are the questions people ask most when they are thinking about seeking protection. If yours is not here, we are happy to answer it directly.
Need to talk it through?
Call 571.260.0999 or send us a message.
Who can get a family abuse protective order in Virginia?
A family abuse protective order is available to a family or household member who has been subjected to family abuse. Under Virginia law that group includes current and former spouses, people who share a child, parents and children, and others who live together or recently did. If your relationship to the other person falls outside that definition, a different kind of protective order may apply instead.
What counts as family abuse under Virginia law?
Family abuse generally means an act of violence, force, or threat by a family or household member that results in bodily injury or places a person in reasonable fear of harm. It can include physical acts as well as threats and forceful detention. You do not have to wait until you are hurt; reasonable fear of harm can be enough.
How long does a family abuse protective order last?
There are three levels. An emergency order generally lasts about 72 hours, a preliminary order lasts up to 15 days until a full hearing, and a full protective order can last up to two years. When the danger continues, a full order can be extended by petitioning the court before it expires.
What can a protective order require?
Depending on the situation, an order can prohibit contact, require the other person to stay away from your home and workplace, grant you exclusive use of a shared residence, and address temporary custody and support. The exact terms are set by the court based on what is needed to keep you safe.
When You Are Ready
You do not have to handle this alone.
Tell us what is going on, and we will help you understand your options and take the next step toward safety. Three offices across Northern Virginia, one phone number. If you are in immediate danger, call 911.