What to Do When a Protective Order Is Issued Against You

Attorney Answer

When a preliminary protective order has been issued against you, the most important thing to know is that it moves to a full hearing on a short statutory clock — missing that hearing, or losing it, can turn a temporary order into one lasting up to two years.

In Virginia, an order like this can arise either from a family-abuse petition or from a petition alleging a general act of violence, force, or threat, including stalking, and the two situations proceed under related but separate procedures. Once a preliminary protective order is issued, Code of Virginia § 19.2-152.9 requires the court to hold a full hearing within 15 days, with only limited continuances allowed. At that hearing, Code of Virginia § 19.2-152.10 allows the court to enter a protective order lasting up to two years if it finds, by a preponderance of the evidence, that you subjected the petitioner to an act of violence, force, or threat.

What you can do:

1. Comply fully with every term of the preliminary order until the hearing — violating it can bring separate criminal charges regardless of how the underlying dispute is resolved.

2. Gather evidence relevant to the threat you describe and to the order itself, including messages, witnesses, and a timeline of events.

3. Confirm with the court file or an attorney which procedural track applies (family-abuse petition versus general act-of-violence or stalking petition), since it affects how the hearing is presented.

4. Have an attorney evaluate whether to contest the order, help prepare evidence and testimony, and represent you at the hearing so the terms don't become more restrictive or longer in duration by default.

⏱ Time limits apply. Virginia law puts the full protective-order hearing on a strict clock, and a local attorney should review your case immediately to confirm the exact hearing date and what is needed to contest the order in your situation.