Department of Family Services

CONTACT INFORMATION: Monday–Friday 8 a.m.–4:30 p.m.
703-324-7500 TTY 711
12011 Government Center Parkway, Pennino Building
Fairfax, VA 22035
Michael A. Becketts
Director

Department Resources

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The Protective Order Process

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Domestic and Sexual Violence 24-Hour Hotline 703-360-7273; TTY 711

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The Protective Order Process

This information was developed by the Fairfax County Council to End Domestic Violence’s Court Process Workgroup to collect the information about filing a protective order in one location. Agencies may change their practices independently of each other and every attempt will be made to update changes in the information reflected on this website.

This site provides neutral legal information only as a public service. This information is specific to Fairfax County Courts and partner agencies. Other jurisdictions may have a local practice that is not reflected on this website. Always check with your local court about its procedures. This site does not take the place of an attorney and cannot advise you on strategy or tell you what to say in court.

Please note that only an attorney representing you can provide legal advice, and this website cannot take the place of consulting with an attorney or a domestic violence advocate to plan for safety. 

Protective Order Process

Learn about the Protective Order Process in Juvenile and Domestic Relations District Court.

Learn about the Protective Order Process in General District Court.

Glossary

  • Act of Violence, Force, or Threat: Under Virginia law, this term generally refers to any behavior that involves physical harm or the threat of physical harm to another person. This can include actions like hitting, pushing, threatening to hurt someone, or using a weapon to intimidate or cause injury. The specific legal definitions and penalties can vary depending on the context and details of the situation
  • Affidavit: A statement of facts that is written, printed, or recorded on video, made willingly, and confirmed by the person making it under a formal promise, or oath, in front of an officer who has the power to oversee the promise.
  • Amend: To change or update something. For example, a court might change a protective order to allow the parties to contact each other in a different way. Only a judge can amend a court order, especially a protective order.
  • Appeal: An appeal is when a higher court is asked to look at and change a decision made by a lower court. If a party think the judge made a mistake in their case, or is not satisfied with the decision, the case can be appealed to have another judge review it.
    • Appeals from the Juvenile & Domestic Relations Court to the Circuit Court are “de novo” appeals, meaning the new trial takes place as if the first one never occurred. 
    • Appeals from the Circuit Court to the Court of Appeals or to a higher court review whether the Circuit Court judge made a mistake in coming to their decision in the case. This is not a new trial but reviews the facts, evidence, and arguments from the lower court to determine if legal errors were made.
  • Contempt: Not following or disrespecting a court's order. If someone is in contempt, it means they have not done what the court told them to do, and they might face penalties for it. A judge can sentence someone to time in jail if they are in contempt, depending on what the person as done.
  • Continuance: When a judge changes the date for a court hearing to a later date. It may give the people involved extra time to get ready, gather evidence, or handle other things before the case goes forward.
  • Criminal: Complaint A formal, legal, document that accuses someone of committing a crime. It is used by the Office of the Commonwealth Attorney to start a criminal case and describes what the person is being accused of having done.
  • Deny: To refuse to agree with or give something. If a judge decides that the petitioner does not need a protective order, the request is not granted, or, “denied.”
  • Dismiss: To reject or close something. In court, if a case is dismissed, it means the judge ends the case and it is no longer active in the court. Either person can ask for a case to be dismissed, but a judge will have to decide if it is correct to end the case.
  • Dissolve: To end or cancel something, in this case, a court order. If someone wants to end a protective order before its expiration date, they must ask the court to “dissolve” the order by filing a request to do so. 
  • Emergency Protective Order: An order issued by a magistrate, or judicial officer, that requires one person to stay away from, not commit violence against, or not enter the home of another person and lasts up to 72 hours.
  • Evidence: Evidence is information or objects shown in a legal case to help prove or disprove facts. This can be documents, photos, videos, or what witnesses say in court. Evidence supports your version of events in court, helping the judge see what happened and make a decision. The judge will determine whether the evidence should be believed and is true.
  • Ex Parte Hearing: “Ex parte” (pronounced ex PAR-tay) is a Latin term that means one-sided or partial. For most court processes, it is important for a judge to hear from both sides. An ex parte hearing is an exception to that rule because only one party is present and heard by the judge. The other party is not notified or present during this hearing. This type of hearing is often used in urgent situations where temporary, immediate action is needed, such as getting a temporary protective order.
  • Docket: A docket is a list that shows the court cases scheduled for a specific day.
  • Family Abuse: Family abuse means any violent, forceful, or threatening action that causes physical injury or makes someone fear death, sexual assault, or bodily harm. These acts must be done by a family member or someone who lives in the same home. It includes actions like preventing someone from leaving a place (forceful detention), stalking, criminal sexual assault, or any crime that results in injury or makes someone reasonably fear death, sexual assault, or bodily harm.
    • Family and Household Member means a person's:
      • Current or former spouse, whether or not they live with the person.
      • Parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents, and grandchildren, regardless of whether they live with the person.
      • Mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law who live with the person.
      • Anyone who has a child with the person, whether or not they have ever been married or lived together.
      • Anyone who lives with or has lived with the person in the past 12 months, including any children living in the same home.
      • § 16.1-228. Definitions 
  • Grant: When a judge rules in the petitioner’s favor giving them some or all of what they ask the court to do.  A judge will “grant” a protective order.
  • Hearing: A hearing is a formal session in court where a judge makes a decision about an entire case or some small aspect of it. Some hearings are procedural and used to schedule another hearing or just decide a small part of the case. In other hearings, both parties can present evidence, call witnesses, and argue their case, and then the judge will make a decision.
  • Judge: A person who has been given special authority to hear and impartially decide legal cases that are brought before the court. Fairfax County Juvenile and Domestic Relations District Court has eight judges.
  • Jurisdiction: Jurisdiction refers to the power given to a court to hear and decide cases. It is the geographical area or the type of cases over which a particular court has legal control. 
  • Magistrate: A magistrate is a designated person (judicial officer) who has been given authority to decide certain work in the early stages of legal proceedings and handle less complex issues on an emergency basis. Magistrate offices are available 24-hours a day. Magistrates can issue criminal warrants and grant emergency protective orders. 
  • Motion: A formal request a person makes to a court, asking it to make a decision or do something.
  • Next-Friend: Any person filing a motion (such as a protective order) with the Juvenile and Domestic Relations District Court on behalf of a child. This can include:
    • Parents
    • Friends
    • Other extended family members
    • Police officers
    • The Commonwealth’s Attorney
  • Nonsuit: In Virginia, there's a special term called "nonsuit." It means that the person who started a court case can end it and ask the court to dismiss it. By using a "nonsuit," they also keep the right to start the case again with the same facts. They can do this even during a trial, up until the judge is ready to make a decision. 
  • Order: A written record of a decision made by a judge in a case. Orders may require the people involved in a case to do or not do certain things. 
  • Party: Someone who is named in a court case. The party who starts the court case and asks the court to do something is usually called the plaintiff or petitioner. The person they file the case against is usually called the defendant or respondent. 
  • Petition: A petition is a formal written request submitted to the court asking for a specific legal action or decision. For example, someone may file a petition for a protective order, asking the court to issue an order to keep another person away from them.
  • Petitioner: The person who is the one asking the court to do something. Someone who asks the court for the protective order is a petitioner
  • Preliminary Protective Order (PPO): Sometimes called a “temporary restraining order” in other states, in Virginia, a PPO is a temporary protective order that is designed to protect the petitioner from the time they file for the protective order until there can be a hearing with both parties present. Usually, preliminary protective orders are granted ex parte, without the person using violence present for the hearing.
  • Protective order: A type of order that restricts the behavior of an individual to protect the health and safety of another. The protective order may also require the respondent, or the person using violence, to do certain things, like treatment for harmful behavior, substance use, or order the respondent to maintain utilities or rent for the petitioner.  A protective order can include family or household members and pets. In other states they may be called “Orders of Protection” or “Restraining Orders.”
  • Relief: Relief refers to what the petitioner is asking the court to do. The laws often say what a judge can and cannot order in a particular case. In a protective order case, it refers to what the petitioner wants the final protective order to require the respondent to do, or not do. 
  • Respondent: The person against whom the protective order is being filed.
  • Rule to Show Cause: A court order that tells someone to explain why they haven't followed a previous court order. It's used to decide if any action, like a penalty or contempt of court, should be taken against them.
  • Service: The legal process of delivering official court documents to the people involved in a case to ensure they know about it and can respond. Different cases require different levels of proof of service. For protective orders, "personal service" is needed, meaning the papers must be handed to the respondent by a person authorized to give them to the individual. 
  • Statute: A law passed by a government body. It sets out rules and guidelines that people must follow.
  • Testimony: Testimony is the statement given by a witness under oath in court. It is used as evidence to help establish the facts of a case.
  • Victim: Someone who has been physically or emotionally injured as a result of a crime committed against them. 
  • Violation: When someone doesn't follow a court order. If the respondent in the protective order does or fails to do something against what the protective order says, they are in violation of that order. The petitioner cannot violate their own protective order.
  • Warrant: A warrant is a paper from a magistrate or judge that allows the police to do something, like arrest someone or search a home or building. 
  • Witness: A person who testifies in a court hearing about something they have seen or experienced regarding the incident or issue in question.

  • Abuse: Any repeated and unwanted acts from another person
  • Attorney: Someone who is trained and licensed to help people with legal issues. They can give legal advice, prepare legal documents, and represent people in court. Attorneys are also called lawyers. Only attorneys licensed in Virginia are allowed to give legal advice about legal issues in Virginia. For questions about the law in other states or countries, someone would need to consult an attorney who is licensed in that state.
  • Bailiff: A sheriff’s deputy who works in a courtroom to keep things running smoothly and safely. They help keep order, make sure everyone follows the rules, and sometimes handle evidence or deliver documents. 
  • Circuit Court: The highest-level trial court in Virginia. This court hear appeals of criminal and civil cases from the J&DR court and the General District Court as well as divorces, guardianships, felony crimes, and financial disputes involving a lot of money.
  • Clerk/Clerk’s Office: A clerk's office is where court paperwork is managed. They keep records, help with filing cases, and handle other administrative tasks.
  • Domestic Violence: Domestic violence (DV) is behavior that harms a current or former spouse or dating partner, or someone with whom one has a child in common. It impacts other family members, children, and other people in the home. Violence is not always physical and can be emotional, verbal, financial, use someone’s culture or identity, and can involve the use of technology to cause harm. Domestic violence can happen between people of any gender or sexuality, race, ethnicity, income or educational level, or faith. People define and respond to domestic violence in many ways based on culture, values, and other factors. It’s important to consider the ways some people have been oppressed when offering help and support.
  • Domestic Violence Advocate: A domestic violence advocate is a professional who helps someone who has experienced domestic violence understand their rights and the available safety resources. Services are free and confidential. Domestic violence advocates are not attorneys and cannot give legal advice. Domestic violence advocates may provide an array of services, including:
    • Help with safety planning.
    • Crisis intervention, emotional support, and understanding different ways to keep oneself safe.
    • Education about the criminal and civil justice systems (including protective orders and criminal injuries compensation).
    • Emergency shelter.
    • Housing information and referrals
    • Referrals to other county and community-based resources.
    • Short-term case management.
  • Domestic Violence Action Center (DVAC): The Fairfax County Domestic Violence Action Center (DVAC) is a service center that brings together county agencies and community non-profits to offer support and information for victims of domestic and sexual violence, stalking, and human sex trafficking, as well as their families. DVAC provides culturally sensitive services and also works to hold offenders accountable through specialized prosecution and supervision. 
  • Domestic Relations Intake Officer: A Fairfax County employee who works in the Court Services Unit of the Juvenile and Domestic Relations Court. They are responsible for helping members of the public file the paperwork for protective orders, as well as petitions for custody, visitation, and child support. An intake officer is not an attorney and cannot give legal advice.
  • General District Court: The court in Virginia that hears traffic violation cases, minor criminal cases known as misdemeanors, and civil cases such as landlord and tenant disputes, contract disputes, and personal injury actions. The General District Court hears protective order cases where people are not family members and do not live together or have another relationship. The General District Court does not conduct jury trials. All cases in this court are heard by a judge. 
  • Sheriff’s Office: A sheriff's office is a law enforcement agency that works in a county. They help keep people safe, arrest people who break the law, and run the county jail. They also provide security at the courthouse, are present in courtrooms and deliver important legal papers.
  • Interpreter: A person trained to deliver a message spoken in one language and convert it into a different language. An interpreter helps two different people communicate who do not speak the same language. In Juvenile and Domestic Relations Court, an interpreter may be a volunteer who is trained to help with different types of appointments, including the process to get a protective order, or a paid interpreter who interprets during a court hear or trial. All interpreters are trained to follow a specific set of guidelines and ethics and must maintain the confidentiality of the client.
  • Juvenile & Domestic Relations District Court: The court in Fairfax County that is responsible for hearing and deciding protective order cases between family members, people who have lived together, or share a child in common. The court also has oversight over cases involving minors, cases involving the child welfare system when children are taken into foster care, and crimes committed against family members. 
  • Victim Criminal Information Network (VCIN): A statewide data network used to allow regional and national law enforcement systems to communicate with each other.  It is managed by the Virginia Department of State Police.
  • Victim Services Division (VSD): The Victim Services Division (VSD) is part of the Fairfax County Police Department and was established to ensure that rights of crime victims are protected. VSD provides immediate and direct support and help to crime victims, their families and witnesses suffering emotionally, financially, and physically as a result of a violent crime. This allows victims to have a range of services from the moment the crime occurs, throughout the duration of the criminal justice process and sometimes long after. 

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