Family Abuse Protective Orders in Kingstowne, VA

Kingstowne, Virginia · Protective Orders

A family abuse protective order in Virginia protects you from a family or household member who has hurt you or made you fear serious harm. In Kingstowne, you can ask the court for one when the person is a spouse, former partner, co-parent, relative, or someone you have lived with. The order can bar all contact and order them to stay away, and an emergency version can be in place the same day. You do not have to wait until things get worse.

By Corrie Sirkin, Esq. · Founding Partner, NOVA Legal Professionals

This article is one part of our larger protective orders guide. For the full picture, start with our cornerstone, Protective Orders in Virginia. Here, I will focus on family abuse protective orders and how to take the first step.

What a family abuse protective order is

A family abuse protective order is the protection most people picture in a domestic situation. Virginia defines family abuse as an act of violence, force, or threat that causes bodily injury or places you in reasonable fear of serious harm, committed by a family or household member. Forceful detention counts too. When the court finds family abuse, it can order the person to stop all contact and stay away from you, your home, your work, and your children’s school. You can read more on our family abuse protective orders page.

Who counts as family or household

This is the question that decides whether a family abuse order is your path. In Virginia, a family or household member includes a current or former spouse, your child’s other parent, your parents, children, siblings, grandparents, and grandchildren, in-laws who live with you, and anyone you have lived with within the past year. If the person who hurt you fits one of these, a family abuse order applies. If they do not, a stalking or assault order may be the right tool instead.

What the order can do for you

A family abuse order reaches well beyond stay away. It can prohibit any contact, by phone, text, app, or through other people. It can order the person to leave a home you share and grant you its exclusive use. It can set temporary custody and visitation and require support. It can require the person to surrender firearms while the order is in effect. The order is designed to make you safe in the very places and relationships where the danger lives.

How the process moves

Family abuse protection moves through three stages. An emergency order from a magistrate gives you about seventy two hours of immediate safety. A preliminary order, on your sworn statement, holds for up to fifteen days. A full order, after a hearing where both sides appear, can last up to two years and can be renewed. You can enter at whichever stage fits your situation, and we help you move through each without a gap. You can read more on our family abuse protective orders page.

When children share the home

When children live in the home where the abuse happened, their safety is part of the order. A family abuse order can include them, set temporary custody, and shape contact with the other parent. Because the person who hurt you may also be your child’s parent, this links directly to any custody case, and what the court finds here can carry into that one. We keep your safety and your children’s together from the first filing forward.

How we help in Kingstowne

We help you decide whether a family abuse order fits, move quickly through the emergency, preliminary, and full stages, prepare your evidence, and represent you at the hearing that sets lasting protection. Kingstowne family abuse matters are filed in the Fairfax Juvenile and Domestic Relations District Court, and we serve people across Kingstowne and the surrounding Fairfax County communities. You can read more on our family abuse protective orders page.

Frequently Asked Questions