Virginia Protective Orders: What They Are and How to Fight Back

 Posted on August 14, 2025 in Uncategorized

I defended a client in the Fairfax County Juvenile and Domestic Relations Court last year who was served with a protective order after getting into an argument with his wife. Nobody was hurt, there were no criminal charges filed, but 24 hours later, he was evicted from his home, could not visit his children, and was not legally allowed to own any firearms. Sadly, this is what happens to most Virginians when protective orders are in place.

Here in this blog post, I'll explain what protective orders are under Virginia law, the different types you might see, and some of the strategies I've used in court to fight off these orders successfully.

Understanding protective orders under Virginia law

A protective order is a civil court order that is intended to keep a person from being subject to violence, threats, or harassment. Under Virginia law, there are three main types:

• Emergency Protective Order (EPO): usually issued immediately after an event, for a period not exceeding 72 hours.
• Preliminary Protective Order (PPO): issued when the accused is not present, usually for a period of up to 15 days until a full hearing.
• Permanent Protective Order: for a period of up to two years and renewable; issued after a full hearing in the presence of both parties.

Virginia Code §§ 19.2-152.9 to 19.2-152.10 outlines these procedures. While these orders are civil, it is a crime if you violate them.

Real-world case insight

I had a case where a PPO had been issued against my client after a financial dispute. There were no witnesses or police reports, just the word of the petitioner.

At the preliminary hearing trial, we highlighted for the judge:

• There was no physical evidence or credible witnesses.
• There were Inconsistent statements from the petitioner.
• The petitioner was using the protective order unfairly to gain an advantage in a divorce.

Fortunately, the judge dismissed the case, and my client was able to go home the same day.

Your rights and defense strategies

After being served with a protective order, it is important to consider the following:

• Make sure you understand what restrictions are placed on you and when your next hearing has been scheduled;
• Assist your attorney by gathering evidence to help your case, such as emails, texts, call logs, and testimony from witnesses;
• By no means should you get in touch with the petitioner (and potentially family/household members) because even a friendly communication will be deemed by the court to be a violation of the protective order. This will compound the issues you are facing because criminal charges could be brought against you for each alleged violation;
• Begin preparing for the protective order hearing by finding ways to discredit the credibility of the witnesses and finding any other inconsistencies in the evidence expected to be presented;
• Look to see what could be motivating the petitioner to seek a protective order – if it is not being sought for protection from you, then what other reasons would the petitioner be seeking a protective order, and how can you help establish that motive in court?

Frequently asked questions

Q: Will a protective order affect my right to own firearms?

• Yes. Federal and state law forbids possession of firearms by certain protective orders.

Q: Will a protective order show up on my criminal record?

• Although it's a civil order, it's a public record and might show up in background checks.

Q: Can I make a motion to vacate a protective order before a court hearing?

• Yes, if the petitioner cancels the request and the court approves it, or if your lawyer succeeds in objecting to it before the hearing.

Local considerations in Northern Virginia

Fairfax, Arlington, Loudoun, and Prince William courts each have docketing practices. Fairfax, for example, will often list PPO hearings on a specific docket day, while Arlington might place cases along with companion criminal cases. Knowledge of these practices can truly help to get your specific case dismissed or achieve an improved outcome.

The value of good legal help

Protective Orders were intended by the legislature to act as a shield in protecting those who have a legitimate fear of imminent harm. Unfortunately, many people use the protective order as a sword to assist in custody, divorce, or criminal matters to the detriment of the respondent. These protective orders can have a tremendous impact on your life. They can impact your ability to live in your home, see your children, continue employment, and can even affect security clearances.

It is crucial to have a lawyer who is familiar with Virginia law and local court procedures. At Noorishad Law, P.C., we pride ourselves on helping our clients navigate this challenge by protecting their rights, homes, and reputation. If you’ve been served with a protective order in Virginia, don’t wait—act immediately. Your rights are at stake, and time is critical. Call my office today at 703-542-4500, or reach out online for a private, confidential consultation.