Protective orders are not particularly complicated to obtain, but it does take a bit of legwork and fortitude. For both the city and county, you apply at the Court Services Unit in the Juvenile and Domestic Relations Circuit Court at 411 E. High Street, or at the Magistrate's Office at 1600 Avon Street Ext. (434-977-0220). If you aren't sure if you live in the city or county, you can ask the clerk for that information.

You may seek a protective order if you are being stalked by anyone, and/or have reason to fear an assault by a family or household member. This includes: a spouse (whether or not you live together); ex-spouse (whether or not you live together); parents, children, stepparents and stepchildren, brothers and sisters, grandparents and grandchildren (whether or not you live together); in-laws (who reside in the same home as the abuser); those who cohabited in the past year and their children; and persons who have a child in common, even if they never lived together.

There are three kinds of protective orders: Emergency, Preliminary, and Permanent Protective Orders.
>> Click here to learn more about these three different kinds of orders

A protective order is a civil case, not a criminal case. This means that the stalker/abuser will not receive any jail time as a result of the order. However, if he/she violates the order, the abuser can be charged with violation of a protective order, which will result in jail time (Virginia Code Section § 16.1-253.2).

It is very important to keep a copy of the protective order with you at all times. Keep copies of any of the batterer's criminal convictions. Show these to the police officer, magistrate, prosecutor, or judge if he/she violates the order.

It isn't necessary for the abuser to be charged or arrested for any crime for a survivor to request a protective order. If you have questions about protective orders and how to request one, contact either the Charlottesville or Albemarle County Victim/Witness program. The coordinator in either office can provide support and information as you go through the process.

Once the protective order has been issued:

• Remember that a protective order is a piece of paper that must be respected by the stalker/abuser to be effective. It is also only enforceable after a sheriff's deputy or police offer has served it on the stalker/abuser. After it has been served, if you feel you are in danger, or if the abuser/stalker does not comply with it, call the police immediately (911). If they arrive in time to witness the abuser's violation of the order, they can make an immediate arrest. If not, you may need to get a criminal warrant from the magistrate.
• When you get your copy of the order, make sure it says exactly what you want. If there are errors, it is unclear, it has not been signed, or boxes don't appear to be checked, ask the bailiff or your advocate for help.
• Keep a copy with you at all times-this is important if the abuser/stalker violates the order and you must call the police or seek help from other authorities.
• Give a copy to your supervisor at work.
• If children are included, make sure anyone responsible for them has a copy.
• If you are planning or considering leaving the state, make sure you get a certified copy of your order from the clerk's office. Federal law requires recognition of one state's protective order by others.

How to get a protective order

The three kinds of protective orders:

• Emergency protective orders (Virginia Code Section § 16.1-253.4)
• Preliminary protective order (Virginia Code Section § 16.1-253.1)
• Permanent protective order (Virginia Code Section § 16.1-279.1)

Before Filing For a Protective Order

• To file a petition for a protective order in cases of domestic violence, go to the Juvenile and Domestic Relations Court Services Unit (CSU). Intake workers at the CSU will help the victim fill out the paperwork to apply for the Order.
• To file a petition in cases of stalking, first a magistrate must issue a criminal warrant for stalking. Once the criminal warrant is issued, it is helpful to contact the victim/witness or domestic violence coordinator for help in filing the stalking petition.

When you file, bring:

• A brief description of when and how you were abused or stalked
• The abuser's name
• The abuser's social security number, if you know it
• A physical description of the stalker/abuser, and
• An address where the stalker/abuser can be found.

Emergency Protective Orders

An emergency protective order (EPO) may prohibit the abuser from entering your home or apartment, or abusing you in the future. You can get an EPO through the police officer who responds to the scene of a domestic violence call (who would call a judge or magistrate). You can also go to the magistrate yourself and request an EPO on your own. This order lasts 72 hours, unless the 72 hour period expires at a time that the Juvenile and Domestic Relations District Court is not in session. In that case, the order is extended until 5:00 p.m. on the next business day that the J&D Court is in session.

Preliminary Protective Orders

A PPO is the same as an emergency protective order, but it lasts up to fifteen days and must be obtained through the Juvenile and Domestic Relations District Court Service Unit. For both Albemarle County and Charlottesville, this office is on the second floor of the J&D District Court at 411 East High Street (979-7191).

Permanent Protective Orders

Permanent protective orders (PO) may prohibit the abuser from contacting you, entering your home, apartment, or residence hall, or further attempts to cause you harm. This order may also require the abuser to provide for your housing and/or medical treatment or require the abuser to attend counseling. You may also request to have temporary use of a car that you both jointly own. The order lasts up to two years and must be obtained through the J&D Court Service Unit (address/phone above).

General Information You Should Know

You will need to go to court to get a PPO or PO. You do not have to press charges to get a protective order. This is not a criminal matter.

Important things to say when testifying or making a statement in court:

• Be very specific in your details when describing the stalking or abuse, including date(s), time(s) of day and other details. If you use the tracking form from this website, this will help in keeping accurate notes.
• Describe exactly what the stalker/abuser said and did to you, and why you are afraid.
• Describe any injuries to you or anyone else, and any property damage caused by the abuser/stalker (including injuries to any pets, destruction to valued objects, etc.)
• Show the judge or magistrate any pictures of injuries or property damage.
• Have any witnesses testify to the abuse, stalking, injuries, or property damage.