If a family or household member is abusing you, you can seek a protective order.
According to the law ( VA Code §16.1-228), a “family or household member” may be any of the following:
- the person’s spouse whether or not he or she resides in the same house with the person;
- the person’s former spouse, whether or not he or she resides in the same home with the person;
- the person’s parents, stepparents, children, stepchildren, brothers, sisters, grandparents and grandchildren regardless of whether such persons reside in the same home with the person;
- the person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law and sisters-in-law, who reside in the same home with the person;
- any individual who has a children in common with the person whether or not the person and that individual have been married or have resided together at any time;
- any individual who cohabits or who, within the previous twelve months, cohabited with the person, and any children of either of them then residing in the same home with the person.
There is no cost for getting a protective order. It is not necessary to hire an attorney, however, you may decide to do this if the other party has an attorney.
A protective order is only effective if it has been served on the abuser. Stay in touch with local law enforcement to find out when the protective order has been served.
You do not have to swear out a warrant to get a Protective Order.
The abuser may or may not be arrested or charged with a crime if you get a Protective Order. A possible charge may be for assault (threat of harm) and/or battery (causing physical harm). If there is an arrest, jail time is often suspended or minimal for first offense. The court dates for the protective order and the criminal charges may be on different days, or they may be combined.
The abuser will be charged with a crime if he/she violates the Protective Order.
For more information call 800.838.8238 or email Hotline@vsdvalliance.org. E-mail is not a secure form of communication. To ensure confidentiality please call the Family Violence & Sexual Assault Hotline at 800.838.8238 (V/TTY).
