McLean, Virginia · Protective Orders

A family abuse protective order in Virginia protects you from someone in your family or household who has hurt you or made you fear serious harm. In McLean, 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 keep them away from you and your home, and it can be in place the same day. You do not have to wait until something worse happens.

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 who qualifies for one.

What a family abuse protective order is

A family abuse protective order is the kind most people picture when they think of a restraining order in a domestic setting. 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. That includes forceful detention. When the court finds that has happened, it can order the person to stop all contact and stay away from you. You can read more on our family abuse protective orders page.

Who counts as family or household

This is the question that decides which kind of order fits your situation. 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 in your home, and a person you have lived with within the past year. If the person who hurt you fits one of those, a family abuse order is your path. If they do not, a different order, for stalking or assault, may apply instead.

What the order can do for you

A family abuse order can do far more than say stay away. It can prohibit any contact with you, by phone, text, app, or through other people. It can order the person to leave a home you share and grant you exclusive use of it. It can set temporary custody and visitation for your children and require support. It can require the person to surrender firearms while the order is in effect. The order is built to make you safe in the places and relationships where the danger lives.

How the process moves

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

When children are in the home

When children share 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 connects 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 McLean

We help you understand 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. McLean family abuse matters are filed in the Fairfax Juvenile and Domestic Relations District Court, and we serve people across McLean and the surrounding Fairfax County communities. You can read more on our family abuse protective orders page.

Frequently Asked Questions