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1. If I file for a criminal warrant with the Magistrate’s Office, can I ask for an Emergency Protective Order?

Yes, this is typically done by the Magistrate and is in effect for 72 hours or until the next day court is in session.

2. Is there a filing fee?

No fee is required.

3. What are the hours to file a petition for a Preliminary Protective order or a Protective Order?

The Clerk’s Office opens at 8:30 am and closes at 4:30 pm It is suggested to arrive as early in the morning as possible in order to complete the paperwork and have the petition reviewed by the judge.

4. How long should I expect to spend at the courthouse in order to file the Petition for Preliminary Protective Order or a Protective Order and have the petition heard?

You should expect to spend at least a couple of hours. Arrive as early as possible and go directly to the Clerk’s Office. At that time we can assist you by contacting the Victim/Witness Office associated with the Commonwealth Attorney’s Office.

5. What do I do if an Emergency Protective Order that was issued expires before I am able to have a petition for the Preliminary Protective Order filed and heard?

You may go to the Magistrate’s Office and testify under oath as to why you were unable to petition for the Preliminary Protective Order and why a Protective Order is still necessary. You will be asked to fill out a written statement (affidavit). If you have any questions please call the Magistrate’s Office at 434-977-0220.

6. Do I need an attorney to file for a Preliminary Protective Order?

You do not need an attorney to file a Preliminary Protective Order. The Commonwealth’s Attorney’s Office, Victim/Witness Office or the Clerk’s Office can assist you in preparing the paperwork, but cannot provide legal advice. If you would like to hire an attorney to represent you at your hearing where both parties are before the judge, you may do so.

7. How do I find an attorney to help me?

If you choose to have an attorney represent you, you may hire your own. If you cannot afford an attorney to help you, you may contact Legal Aid and ask for assistance.

Free Legal Services

If you are the victim of domestic violence, you may qualify for free legal services. For more information, contact

• Central Virginia Legal Aid Society, Inc. - Phone: 434-977-0553
• Virginia Lawyer Referral Service - Phone: 804-775-0500