HOW TO GET A PROTECTIVE ORDER
The three kinds of protective orders:

Before Filing For a Protective Order

  1. 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.
  2. 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 ainjuries or property damage.
  • Have any witnesses testify to the abuse, stalking, injuries, or property damage.

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