Protective orders are not particularly complicated to obtain, but it does take a bit of legwork and fortitude. For both the city and county, you apply at the Court Services Unit in the Juvenile and Domestic Relations Circuit Court at 411 E. High Street, or at the Magistrate's Office at 1600 Avon Street Ext. (434-977-0220). If you aren't sure if you live in the city or county, you can ask the clerk for that information.
You may seek a protective order if you are being stalked by anyone, and/or have reason to fear an assault by a family or household member. This includes: a spouse (whether or not you live together); ex-spouse (whether or not you live together); parents, children, stepparents and stepchildren, brothers and sisters, grandparents and grandchildren (whether or not you live together); in-laws (who reside in the same home as the abuser); those who cohabited in the past year and their children; and persons who have a child in common, even if they never lived together.
There are three kinds of protective orders: Emergency, Preliminary, and Permanent Protective Orders. A protective order is a civil case, not a criminal case. This means that the stalker/abuser will not receive any jail time as a result of the order. However, if he/she violates the order, the abuser can be charged with violation of a protective order, which will result in jail time (Virginia Code Section 16.1-253.2).
It is very important to keep a copy of the protective order with you at all times. Keep copies of any of the batterer's criminal convictions. Show these to the police officer, magistrate, prosecutor, or judge if he/she violates the order.
It isn't necessary for the abuser to be charged or arrested for any crime for a survivor to request a protective order. If you have questions about protective orders and how to request one, contact either the Charlottesville or Albemarle County Victim/Witness program. The coordinator in either office can provide support and information as you go through the process.
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Remember that a protective order is a piece of paper that must be respected by the stalker/abuser to be effective. It is also only enforceable after a sheriff's deputy or police offer has served it on the stalker/abuser. After it has been served, if you feel you are in danger, or if the abuser/stalker does not comply with it, call the police immediately (911). If they arrive in time to witness the abuser's violation of the order, they can make an immediate arrest. If not, you may need to get a criminal warrant from the magistrate.
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When you get your copy of the order, make sure it says exactly what you want. If there are errors, it is unclear, it has not been signed, or boxes don't appear to be checked, ask the bailiff or your advocate for help.
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Keep a copy with you at all times-this is important if the abuser/stalker violates the order and you must call the police or seek help from other authorities.
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Give a copy to your supervisor at work.
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If children are included, make sure anyone responsible for them has a copy.
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If you are planning or considering leaving the state, make sure you get a certified copy of your order from the clerk's office. Federal law requires recognition of one state's protective order by others.
Information for this section provided by the Virginia Department of Criminal Justice Services & the Charlottesville/Albemarle Council on Sexual & Domestic Violence