How to File a Protective Order: A Step-by-Step Guide

Filing for a protective order can feel overwhelming, but understanding the process can empower you to take action. Here's a detailed guide to help you through the process.

What Is a Protective Order?

A protective order is a court-issued document that prohibits an individual (the respondent) from contacting or coming near the person seeking protection (the petitioner). These orders are typically issued in cases of:

• Domestic violence
• Stalking or harassment
• Threats of harm
• Physical or sexual abuse

Step 1: Determine Eligibility

Before filing, ensure your situation qualifies for a protective order. Protective orders are generally available to:

• Victims of domestic violence or family abuse
• Individuals being stalked, harassed, or threatened
• Victims of sexual assault

Some states may have specific eligibility criteria, consult a SMITH | ASHCRAFT attorney to better understand the Virginia requirements.

Step 2: Visit the Appropriate Court

Protective orders are usually filed in a family court or civil court in the jurisdiction where the incident occurred or where you reside. Some jurisdictions may also have domestic violence resource centers within the courthouse to assist you.

Step 3: Complete the Required Forms

At the courthouse, request the necessary forms to file for a protective order. These forms typically include:

• A petition or application for a protective order
• An affidavit or statement describing the incidents of abuse, threats, or harassment

Be specific and include dates, times, and details of the incidents.

Step 4: Request a Temporary Protective Order

Most courts allow you to request an emergency or temporary protective order (TPO) while waiting for the full hearing. A judge will review your application and, if there’s immediate danger, issue a TPO that lasts until the court date for the full hearing.

Step 5: Attend the Hearing

• Notice to the Respondent: The respondent will be served with a copy of the petition and notice of the hearing.
• Prepare Evidence: Bring any evidence that supports your case, such as police reports, photos, text messages, or witness statements.
• Legal Representation: It is wise to consult an attorney to advocate for you during the hearing.

The judge will listen to both sides and determine whether to issue a long-term protective order.

Step 6: Follow Through After the Order Is Granted

If granted, the protective order may include provisions such as:

• No-contact orders (in-person, phone, text, email)
• Restrictions on proximity to your home, workplace, or school
• Custody or visitation arrangements (in family violence cases)

Carry a copy of the protective order with you at all times, and provide copies to places like your workplace, school, or childcare provider.

Step 7: Enforce the Protective Order

If the respondent violates the order, contact law enforcement immediately. Violations are typically considered criminal offenses and can result in arrest or additional penalties.

Step 8: Renew or Modify the Order (If Needed)

Protective orders have expiration dates. Before the order expires, you can petition the court to extend it if you still feel at risk. You can also request modifications if circumstances change.

Seek Support

Filing a protective order can be emotionally challenging. Reach out to support networks, such as domestic violence hotlines, shelters, or counseling services, to help you through the process.

By following these steps, you can take a significant step toward ensuring your safety and well-being. If you need assistance, don’t hesitate to contact an experienced SMITH | ASHCRAFT attorney for guidance.