• Assisting survivors in asserting those rights;
• Providing a safe space in which survivors may disclose information;
• Giving support and encouragement throughout the legal process;
• Offering guidance on finding answers when questions arise;
• Ensuring that the system response to survivors is as fair and as helpful as possible, and;
• Providing continued support when the legal process has concluded
• Helping survivors identify the range of options available to help protect their rights and safety;

In fulfilling this role, Victim Advocates are often called upon to walk a fine line between offering information about the justice system and process (which is appropriate) and providing legal advice (which is prohibited by law).

This information is intended to help clarify the role of the Sexual and Domestic Violence Victim Advocate and to offer information about the unauthorized practice of law (e.g. providing legal advice) and tips on how to avoid it.

It is appropriate for Victim Advocates to:

Help survivors identify their needs and preferred outcome in the criminal justice system;

• Engage survivors in critical thinking about strategies to avert further violence and to assess their readiness to participate in the justice system, taking into account the resources of the victim and the potential barriers to achieving the preferred outcome;
• Prepare victims for their experience in the courtroom and help them plan to arrive at and leave the courthouse safely;
• Prepare victims for the potential outcomes of court proceedings. This includes helping victims to define “success” in ways that they can control. For example, “I am asserting my right not to be assaulted”, rather than “The judge will make sure that he never assaults me again”;
• Help survivors identify safety plans to enact, should the perpetrator respond violently to legal intervention;
• Provide referrals to attorneys and assist in obtaining legal counsel;
• Aid those who may not have proficiency in written and/or spoken
• English (e.g. by ensuring an interpreter is available throughout the process);
• Arrange transportation, childcare, care for elderly parents and other practical assistance to make it possible for survivors to participate in the legal process;
• Help survivors collect documentation of past abuse, and;
• Help survivors develop “back-up strategies” should their initial efforts prove unsuccessful.

It is also the role of the Victim Advocate to provide ongoing education to justice system professionals on the effects of domestic violence, sexual assault and stalking, including information on the impact of certain policies and procedures on victims. Such education should be broad and ongoing and should not focus on a specific case.

Protective Order

What is a Protective Order

It is a legal order issued by a magistrate or the judge to protect on person from physical abuse or threatening behavior by another. A protective order is issued in cases of domestic violence and stalking to protect the health and safety of an abused person and his/her family or household members.

The three types of family abuse Protective Order
• Emergency Protective Order
• Preliminary Protective Order
• Final Protective Order

Emergency Protective Order (EPO)

What can an EPO do?

An EPO may: (1) legally order the abuser to stop the abusive or threatening behavior; (2) prohibit the abuser from contacting you at home, at work, or by phone; (3) order the abusive person removed from the home you share with him or her; (4) provide other relief necessary for your protection.

What do I have to do?

You must obtain an EPO as soon as possible after you have been assaulted or threatened.

Where do I get one?

You can ask a law enforcement officer (police or sheriff) or a magistrate for an EPO. A magistrate is an officer of the court that can issue protective orders and warrants. Law enforcement officers can call a magistrate or a judge for an EPO if they believe that domestic violence has occurred and will probably occur in the near future. You can also request an EPO in person at the Office of the Magistrate or the Juvenile and Domestic Relations Court in the locality in which the abuse occurred. If the EPO is granted, you will be given a copy of the order. A law enforcement officer will give the abuser a copy of the protective order so that the abuser is aware of the conditions, and the order will then be considered "in effect".

How long does it last?

An EPO last for 72 hours or until the next scheduled court day, whichever is later. If you want your protective order to continue, you must go to the Intake Officer of the Juvenile and Domestic Relations Court and petition for a Preliminary Protective Order before the EPO expires.

Preliminary Protective Order (PPO)

What can a PPO do for me?

A PPO may: (1) legally order the abuser to stop abusive or threatening behavior; (2) prohibit the abuser from contacting you at home, at work, or by phone; (3) order the abusive person removed from the home you share with him or her; (4) grant exclusive possession, but not title, of the home and/or jointly owned car to you; (5) grant temporary custody and visitation of the children; and/or (6) provide other relief necessary for your protection.

What do I have to do?

You must obtain a PPO within a short time after you have been assaulted or threatened. You do not have to have an EPO to get a PPO. The abuser does not have to be at the hearing.

Where do i get one?

To ask (petition) for a PPO, go to the Intake Office for the Juvenile and Domestic Relations Court in the locality in which the abuse occurred. A judge will decide if the Preliminary Protective Order will be granted based on your worn statement.

How long does it last?

The PPO last for up to 15 days. At the PPO hearing, a date for a hearing on the final Protective Order is set.

Protective Order (PO)

What can a PO do for me?

A final PO may: (1) legally order the abuser to stop abusive or threatening behavior; (2) prohibit the abuser from contacting you at home, at work, or by phone; (3) order the abusive person removed from the home you share with him or her; (4) grant temporary custody and visitation of the children; (5) require the abuser to pay for you and the children to live in another house; (6) grant exclusive possession, but not title, of the home and/or jointly owned car to you; (7) require the abuser to go to treatment or counseling; and/ or (8) provide other relief necessary for your protection.

What do I have to do?

You must attend the final Protective Order hearing, which is scheduled at the time of your Preliminary Protective Order hearing. The judge will subpoena the abuser to be at the PO hearing. Both you and the abuser will be asked to describe what happened.

Where do I get one?

The PO hearing will be located at the Juvenile and Domestic Relations Court in the locality in which the abuse occurred.

How long does it last?

A Protective Order may last up to two years.

Protective orders are free

There is no charge for petitioning for a protective order, filing copies of a protective order, or having the order served on the abuser.

Do I need legal representation for a Protective Order?

No. You do not need an attorney to file for a protective order. However, there are often free legal services available for low-income victims who would like to obtain a protective order. Many area domestic violence service agencies have free attorneys and victims advocates available for victims who would like a protective order. Local Legal Aid offices also assist victims in obtaining protective orders. All local Juvenile and Domestic Relations District Courts have court services units to assist victims in obtaining protective orders. To find out more about the services available in your area, please call the toll free Statewide Domestic Violence Hotline at 1-800-838-8238 or 540-635-9062

Do I have to press charges to get a protective order?

No. A protective order is a civil order, and is not the same as pressing criminal charges. You may press criminal charges against the abuser, in addition to petitioning for a family abuse protective order, but you do not have to press charges in order to get a protective order. If the abuser violates a protective order, he or she can be sent to jail. It should be noted that stalking protective orders do require that a warrant for the stalker's arrest be obtained for the victim to be eligible for the stalking protective order.

Is a protective order from another state valid in Virginia? If I go to another state, will my Virginia protective order be valid in that state?

The answer to both questions is yes. Federal Law requires states to enforce each other's protective orders. To prevent confusion or delay in enforcing the order by law enforcement, you can register a certified copy of your order with the Juvenile and Domestic Relations Court in the city or county where you will be visiting or residing.

How to make sure protective orders work for you

• Follow all the conditions and terms stated in your protective order.
• Go to all the scheduled hearings.
• Report any violations of the protective order to law enforcement immediately.
• Carry a copy of the protective order with you at all times and show it to law enforcement if it is violated.
• Avoid deliberate contact with the abuser.
• Develop a safety plan with your domestic violence service agency or victim/witness program

Back to Top