Recently updated on April 18th, 2025 at 11:23 pm

In Virginia, domestic violence victims have specific protections concerning housing, including provisions related to evictions and foreclosures. Virginia offers limited but specific protections for domestic violence victims facing foreclosures or evictions. These protections are primarily aimed at ensuring victims are not unfairly penalized or displaced due to abuse-related circumstances.

Create Protective Order Forms Online

Evictions

• Protection Against Discrimination: Under the Virginia Residential Landlord and Tenant Act (VRLTA) and the federal Violence Against Women Act (VAWA), domestic violence victims cannot be evicted or denied housing solely because they are victims of abuse.
• Early Lease Termination: Victims of domestic violence can terminate their lease early without penalty if:
  • They provide written notice to the landlord.
  • They include a copy of a protective order or a police report documenting the abuse.
• Locks Change: Tenants who are victims can request a lock change to ensure safety. The landlord must comply but can charge the tenant for the cost of the lock change.

Foreclosures

• While Virginia law does not have specific foreclosure protections for domestic violence victims, victims may benefit from general federal protections, such as those under the Consumer Financial Protection Bureau (CFPB) and VAWA for federally subsidized housing. These protections include:
  • Notification of foreclosure proceedings.
  • The opportunity to request mortgage assistance or counseling.

How do foreclosures and evictions work?

If you, the borrower, who has a mortgage or loan on a piece of property where you live, fail to pay the mortgage loan for a period of months, the bank to whom you owe money, can foreclose on your home. The foreclosure is a legal action in which the bank goes to court to claim your property so it can sell it to make back some of the money you failed to pay. Typically a lender cannot start the foreclosure process until a loan is more than 120 days past due. If the bank is successful in court in foreclosing on your home, it means that the bank now owns the home. You no longer own it. Therefore, the bank or lender, has the right to have you leave the home. If you, the borrower, fail to leave the home, the bank can evict you. To do that the bank must first give “notice to quit” which notifies you, the former owner, of the specific amount of time you have to leave the property. This eviction lawsuit is often called an unlawful detainer, and the eviction process may take a few months.

A notice of sale announces the sale of the foreclosed property and generally includes the property address, and the details of the public auction where the sale will take place. One alternative to foreclosure is mediation, where borrowers meet with the lender and an impartial third-party to discuss possible ways to avoid foreclosure. Borrowers are eligible for mediation up until 20 days after the notice of sale of the property is recorded. If a borrower fails to take advantage of mediation within 20 days after the notice of sale, the borrower and lender may still agree in writing to enter a mediation program. Once your property has been sold after foreclosure, the purchaser of the foreclosed home can evict tenants who have not left the property.

In Washington State, the purchaser of the foreclosed home, such as the bank or loan provider, is entitled to possession of the home 20 days after the foreclosure sale. If you don’t leave the property, the purchaser of the foreclosed home must provide 60 days’ notice to evict tenants.

How can I avoid foreclosure?

Foreclosure occurs when a homeowner is unable to pay the agreed upon mortgage payments or property taxes, which allows the lender to claim the property, evict the homeowner, and sell the home. Most loans have a Grace Period, or amount of time between when the payment is due and when late fees will apply. For example, if a mortgage payment is due on the first of the month, but there is a Grace Period of 5 days, then paying the mortgage payment by the 6^th of the month will not result in any late fees or financial penalty.

In Washington State, most homes are secured by a deed of trust, which are commonly referred to as mortgages, and clarify who has the authority to foreclose the property. The main difference between a mortgage and a deed of trust is that deeds of trust can be foreclosed without a lawsuit, whereas most mortgages require court involvement to begin the foreclosure process. Therefore, most mortgages in Washington can be foreclosed without a lawsuit.

However, the foreclosure moratorium is one way you can delay foreclosure. As of March 18, 2021, the foreclosure moratorium for homeowners has been extended through June 30, 2021 which will suspend or stop many foreclosures. This means lenders cannot foreclose on loans provided by Fannie Mae, Freddie Mac, HUD/FHA, USDA, or VA until after June 30, 2021.

Another way to avoid foreclosure is forbearance, which is when a borrower and a lender work together to reduce loan payments for a specific amount of time. For those who wish to request forbearance, the moratorium has extended the mortgage payment forbearance enrollment window until June 30, 2021.

How can forbearance help me avoid foreclosure? 

Forbearance is when a borrower, such as someone who has requested a loan, makes arrangements with his or her lender, which could be a bank, to pause or reduce mortgage payments for a specific amount of time while working towards financial stability. Forbearance allows a borrower to make a payment plan and avoid paying a lump sum.

A borrower must request forbearance from his or her mortgage servicer or lender to pause payments and avoid foreclosure, which can be followed by eviction. If a borrower requests a meeting, the lender must meet to explore the borrower’s financial ability to adjust the loan payments and discuss alternatives to foreclosure. The foreclosure moratorium has extended the mortgage payment forbearance enrollment through June 30, 2021 for borrowers who want to request forbearance.

While most service providers must offer forbearance, lenders who aren’t required to offer it have similar repayment plan options.

The Covid hardship forbearance applies to all federally funded or federally sponsored mortgages including HUD/FHA, VA, USDA, Fannie Mae, and Freddie Mac loans. This means that homeowners with federal loans can pause or reduce mortgage payments for up to six months. Also, borrowers can request a forbearance extension for up to an additional 180 days for a total forbearance period of 360 days.

Are there laws that prohibit housing discrimination? 

Yes. Many forms of housing discrimination are prohibited. Housing discrimination is when a housing provider tries to block someone from renting or buying housing because of their race or color, religion, sex, national origin, familial status, or disability. A housing provider could be a landlord, real estate management company, or even lending institutions such as banks or other organizations that play an important role in purchasing a home. Housing providers are not allowed to engage in housing discrimination. However, there are exceptions.

Although housing discrimination is often difficult to spot, there are some signs to look for. Some forms of discrimination include raising prices or interest rates, lying about availability, or steering. As an example, steering is when agents only show African American buyers homes in certain neighborhoods. While in some states it is legal to discriminate against buyers or renters based on their source of income, such as Section 8 vouchers or public assistance, this practice is prohibited in Washington State. Bad customer service, such as being asked for the same information and additional documents until the property is off the market, could be another example of housing discrimination.

With regard to disabilities, a landlord must allow a tenant to make reasonable accommodations to his or her dwelling or common areas at his or her expense if such accommodations are necessary for the person to use the housing. It is illegal to threaten, coerce, intimidate or interfere with someone exercising a fair housing right or someone assisting another person in exercising that right.

Although discrimination based on sexual orientation or gender identity is not prohibited under federal law, discrimination against someone of the LGBT community may still be in violation of the law.

Do domestic violence survivors have rights prohibiting housing discrimination?

Yes. Housing discrimination against survivors of domestic abuse is prohibited. Housing discrimination against domestic violence survivors may take many forms, such as being denied housing, having federal housing assistance terminated, or being denied transfers from one public housing complex to another to escape an abuser.

A tenant may notify a landlord that he/she or a household member was the victim of domestic violence to terminate the lease agreement. The tenant is only responsible for paying for the last month of rent which is the same month the tenant notified the landlord of the violence and intent to terminate the lease. The intention of this protection is to alleviate the burden on domestic abuse survivors of being stuck in lease agreements, which requires survivors to remain in unsafe environments. Domestic abuse survivors who do not have safe housing are more likely to stay in abusive and dangerous housing when they should be allowed to flee. However, the fact that a potential tenant may have been a victim of domestic violence should not affect a landlord’s decision on whether to rent to that tenant.

Domestic abuse survivors in public housing in voucher or Section 8 project-based programs also have legal protection against housing discrimination. For example, landlords are prohibited from terminating assistance or evicting victims of domestic violence, dating violence, or stalking based on the violent acts of the abuser.

In Virginia, a Family Abuse Protective Order can be requested by your county court online, informing the other party, attending a hearing, and presenting evidence to support the request for the order.  Initial paperwork can also be done in person at the court.  The process involves filing a set of standard court forms issued by the Supreme Court of Virginia Create Protective Order Forms A domestic violence or Family Abuse Protective Order is a last warning for those abusing spouses, partners, cohabitating individuals, family members, and intimate or dating relationships, regardless of living arrangements.  It requires the abuse to stop and the abuser to stay away and not contact the victims, or face criminal charges and jail time.

Outline

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Under Virginia law,  Va. Code § 16.1-253.4 , domestic violence, or family abuse, happens when a family or household member does something violent, forceful, or threatening that causes physical harm or makes you fear for your safety. This includes actions like detention, stalking, sexual assault, or any crime that causes injury or makes you fear for your life or safety. These orders have a fixed duration but can be extended if the threat persists. Protective orders serve as a crucial tool in breaking the cycle of abuse and reclaiming control over one’s life. They offer a sense of security and support for individuals navigating difficult situations of domestic violence. Different types of Family Abuse Protective Orders apply in situations of domestic violence, stalking, harassment, or situations where there is a credible threat to an individual’s safety. If a person believes their situation qualifies for Family Abuse Protective Order as defined in Virginia Civil Code, they can apply for one.

Step 1: Does my situation remotely resembles what’s needed for a Protection From Abuse Order

Before you do the work of preparing and filing the case documents, here’s a summary of two key types of Family Abuse Protective Orders and the situations they apply to

Criteria for Family Abuse Protective Orders

Domestic Violence is to stop abuse from a qualifying relationship

Abuse

Abuse means

1. Intentionally or recklessly causing or attempting to cause bodily injury.
2. Sexual assault.
3. Threats or other behavior (even gestures) that placing someone in reasonable fear of imminent serious bodily injury.
4. Engaging in behavior that could be described as harassment, stalking, destroying property, or disturbing the peace of the other party. “Disturbing the peace” includes coercive control, which can involve isolating, monitoring, or restricting someone’s freedoms.

Abuse is not limited to the actual infliction of physical injury or assault.

Qualifying Relationships for Domestic Violence

1.  Spouse: A spouse or former spouse such as husband or wife, registered domestic partners     2.  Cohabitants: Couples who are in a relationship and living together without the benefit of marriage are known as cohabitants under Virginia law. It does NOT include roommates without romantic relationship. This term is defined in the Virginia Code Section 6209.   3.  Past or Current Romantic Relationship: A person with whom the respondent is having or has had a dating or engagement relationship.     4.  Coparent: A person with whom the respondent has had a child       5.  Close Family: Parents, children, stepparents, and stepchildren. Siblings, grandparents, and grandchildren.    

What if I am Under 18 years of Age

Yes minors can still file Family Abuse Protective Orders  themselves if they can demonstrate sufficient maturity and the circumstances warrant immediate protection. You may need to consult the court clerk or a legal advocate to confirm whether this applies in your case. In most cases, a parent, legal guardian, or another adult acting on your behalf may need to assist in filing the petition. Courts typically require an adult to act as the petitioner if the victim is a minor.

What if the abuser lives out of Virginia 

A non-Virginia resident who abuses a Virginia resident may be subject to the state’s jurisdiction. That means that a Virginia court can make orders prohibiting a non-Virginia resident from further abusing a Virginia resident. Abuse committed by out-of-state parties subjects them to this state’s personal jurisdiction. An act of abuse by a party in another state against a person in Virginia is subject to “special regulation” in this state and is sufficient to vest personal jurisdiction in the Virginia courts over the out-of-state party to enjoin any further such conduct.

Situation Examples

Example 1:  Husband is sexually and verbally abusive, and controlling   My husband doesn’t allow me the option to say no to sex, and often that warning is not explicit but I know bad things will happen if I say no such as bullying, threats and immense tension. As a couple we have been having sex everyday for nearly two decades now.  He verbally abuses me by calling me a whore if I don’t sleep with him.  During this time he is intoxicated so I am fearful of having a discussion as his anger will quickly get out of control, and he will hurl things at home thereby inducing more fear in me. Such behavior has been going on for over a decade now so I am not sure about the date of the first incident now. One day I very carefully chose my words and mentioned that maybe we are not a right fit, and should seek counseling. He was enraged and threated me that he will utterly destroy me, my work reputation, and expose some minor things I did to the immigration authorities.  Since about six months, I have been sleeping in a separate room. He comes there routinely and tries to sleep with me forcefully.   Often times I feel that if I resist, or decline his advances that my reputation, our property, or even me life will me in danger.  I feel little, humiliated and disgusted with myself.   Example 2:  Boyfriend blackmails and destroys property to control and induce fear Today, Michael was armed with a pistol and seemed to be under the influence of an unidentified substance. He made threats to create false narratives with the aim of jeopardizing my 28-year accounting career, stating he would falsely accuse me of engaging in illegal financial activities. His menacing statement, “if you mess with me, I’ll retaliate,” was accompanied by destructive actions, such as damaging property in my home, including creating a hole in the wall. Michael’s behavior becomes particularly alarming when he is under the influence of drugs.   Example 3: Ex-boyfriend stalks  Jenna’s ex-boyfriend shows up at Jenna’s work unexpectedly and drives around. Jenna is fearful, and had earlier clearly asked him to leave her alone.

 

There are a few different types of Family Abuse Protective Orders and typically only one of them may apply to your situation so it’s important to select the correct one.

Types of Protection Orders

The types are: Protection From Abuse This court order protects a person who has been abused by a family or household member or by a current or former sexual or intimate partner as defined in a. Code § 16.1-279.1 Protection from Abuse  

 

 

Non Family Abuse Protective Order can be issued when there is an act or threat that results in injury or reasonable fear of injury done by anyone else. This includes, but is not limited to, victims of dating violence, sexual assault and stalking, no matter if there is any relationship between the victim and the abuser. This also includes the so-called “in-laws” of unmarried couples.

 

 

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How this Website Works

This website simplifies the process of creating the court forms and filing them for all types of Family Abuse Protective Orders. You can also just explore the process privately.

1. Take Screening

Select the specific protection order you want to file for. Then answer a few questions to determine your eligibility.

2. Prepare Documents for Family Abuse Protective Order

Prepare the main set of your court documents by covering one topic at a time presented in simple language, and from any device. Then digitally sign without the need to print or re-scan the documents.

3. Consult Local Nonprofit (Optional)

Depending on your location, our website may allow you to make an appointment with your local and independent (no connection to this website) trusted and free victim advocacy non profits. These are typically funded by the Federal Government to assist the needy with legal process. The advocate can assist you with certain aspects of the case and safety planning. They can review your case documents, and talk to you directly to discuss your case.

4 File for Family Abuse Protective Order Online

This website simplifies the filing to a couple of clicks, and get follow up messages notifications from the court. You also have the option to download and print the PDF files and file in person.

 

 

Gather Evidence

The first step is to gather the evidence to support your case. What proof do you need for a Family Abuse Protective Order in Virginia. The following are examples to help you organize though anything that supports your claims can be used.

Criminal Case

A criminal case in progress shows that the district attorney also found evidence of the abuse or crimes and therefore supports your claims.

Photos

Photos of violence, injuries, damage

 

Messages

Print outs of messages, emails or transcripts of voicemail

911 Calls

For each call document the #, date, time, caller, callee details

Medical Records

Documentation of any medical emergencies or injuries or treatments resulting from abuser’s violence.

Police Report

Police reports filed against abuser for domestic violence.

Testimony

A testimony from a witness who can be a family member, neighbor a co-worker or a bystander, either in writing or in person at the hearing, describing the incidents witnessed.

 

Step 2: Get a copy of court forms 

In order to apply for a Family Abuse Protective Order, you need to fill and submit a specific set of official Virginia court forms. These have questions aimed at understanding your situation and the people involved.

Forms for Protection From Abuse

These forms are available through the Virginia Judicial System and are essential for the court to process your request. Here are the primary forms you may need:

• DC-611, Petition for Protective Order
• DC-626, Emergency Protective Order – Family Abuse
• DC-627, Preliminary Protective Order – Family Abuse
• DC-628, Protective Order – Family Abuse
• DC-382, Emergency Protective Order
• DC-383, Preliminary Protective Order
• DC-385, Protective Order

These forms correspond to different stages and types of protective orders, including emergency, preliminary, and final orders. It’s important to select the appropriate form based on your specific situation. For detailed instructions and to access these forms, you can visit the Virginia’s Judicial System. Additionally, consulting with a legal professional or a local domestic violence advocacy group can provide guidance tailored to your circumstances.

   

Step 3: File with the County’s Court

Filing is the process which means the following steps

1. Formally submitting the case documents at the court with the office of the clerk
2. The clerk reviews and verifies the correctness of forms and completeness of the required info
3. Clerk enters the case in the court database, stamps the documents and assigns a case #

  County (Venue) The proper venue for a Family Abuse Protective Order case is the county where the abuse took place or where the restrained party lives. However, venue is a defensive motion and should be considered by the court only if the restrained party objects by filing a noticed motion for change of venue at or before the time of responding to the request. Determine the Court 

 

To file for a Family Abuse Protective Order in Virginia, you need to go to the Juvenile and Domestic Relations District Court (JDR Court)

If you’re filing for a Family Abuse Protective Order in Fairfax County, Virginia, you should go to the

Fairfax County Juvenile and Domestic Relations District Court 4110 Chain Bridge Road Fairfax, VA 22030

 

 

Identify the methods of Filing

Method # 1: In Person by visiting the court house

Your court location would accept the forms to be submitted in person at the court hours. Tip: All courts have lunch hours when they are closed for an hour

 

When you submit your case documents at the court, typically you take 3 copies. The clerks reviews it, and if everything is ok, they formally enter it into the court system and put a stamp near the top of the documents. That acceptance is called filing. The stamp may look something like this:

Method # 2: E-file online

This is the most efficient option if you have an e-mail address and some basic computer skills like registering an account, and uploading PDF files. Some counties now have one or more online portals where you create an account for free, and then you can upload documents and hit submit. You will be required to some online service fees.

Method # 3: Via another person 

Some counties accept filing via a friend or legal courier. These companies or individuals charge a flat or hourly fee and file the documents at the court.  

Step 4: Judge Sets Hearing, Grant/Deny Preliminary Protective Order (PPO)

A judge reviews the case offline and then you will be notified by the court about the outcomes which are:

• Preliminary Protective Order Granted
• Preliminary Protective Order Denied

In addition the Judge would typically set a hearing. If the case doesn’t have sufficient evidence it might be dismissed without even a hearing. The temporary order (if issued) is valid until the hearing i.e. typically about 3 weeks. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing to provide you with legal protection.  

 

Step 5: Serve a set of Stamped Case Forms including Hearing Notice to Abuser 

  Whenever one party initiates a Family Abuse Protective Order it needs to inform or serve the other party formally by delivering the court documents. That step is called serving the respondent Under the Virginia law there are multiple ways in which the other party can be served.   You cannot  serve your papers yourself.  

Option 1:  Ask the Sheriff (FREE)

A sheriff or marshal can serve the opposing party for you which is a big help. This service is offered for FREE. To ask the sheriff to serve your papers, you must have an address or location for the other side (restrained person). If the other side is in jail, the sheriff can serve them. If the other side is in prison in Virginia, prison staff, not the sheriff, will serve your papers. Follow the instructions by the Virginia Department of Corrections and Rehabilitation for serving someone in prison  

Option 2: Ask a friend, relative or any adult (FREE)

You ask someone you know to be your server

• 18 or over, and
• not part of your case

Think about safety when choosing your server. Get step-by-step instructions for how to have someone else, not the sheriff, serve your court papers.  

Option 3: Hire a courier for legal papers (Process Server)  

You can also hire a courier called  professional process server. You can search on Yelp or Google to get a list of options near you. Yelp Example . An example is ABC Legal Services. You cannot hire regular couriers such as UPS, FedEx or US Postal Service unless in exceptional scenarios where the judge authorizes service by mail, but that’s a whole different topic altogether.  

Step 6: Present Evidence in a Court Hearing 

Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full Family Abuse Protective Order is issued. At this point it becomes a crime for the abuser to break the conditions of the Family Abuse Protective Order.  

Step 7. Collect the Final Order

After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for five years.

 

Costs – How much does it cost to get a Family Abuse Protective Order

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The cost for a Family Abuse Protective Order are  

• FREE forms : You can get the court forms for free, or prepare them using the guided experience below.
• FREE filing: There is no fees for filing in person. Online filing platforms may charge a E-filing fees
• FREE Serving the other party 

 

How long does it take to get a Family Abuse Protective Order from filing ?

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You can get a temporary protection order the same day as you file. Courts can have a cutoff of around 2 p.m.  for the same day service, so you need to file before then. Otherwise, the order would be issued the following day when courts open. Courts are generally open Monday-Friday and closed on Saturday-Sunday. The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled in 2 weeks of filing. At the hearing a formal order may be issued

Is a Family Abuse Protective Order helpful?

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The purpose of a Family Abuse Protective Order is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner. The specific terms of a Family Abuse Protective Order can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place. Typically, a Family Abuse Protective Order may prohibit the respondent from

1. Approaching or contacting the petitioner including via text or social media
2. Staying away from the usual places petitioner is at such as home, work or school
3. Prohibit stalking, or surveillance of any kind
4. In situations where they lived together, provide custody or access to
   • Children
   • Pets
   • Important documents
   • Personal items such as clothes, medications, cell phones
   • Cars
5. Extending the protections to others living with the petitioner

Research findings on benefits of Family Abuse Protective Orders

Here’s the top three findings from a study on domestic violence and Family Abuse Protective Orders from the University of New Hampshire

Reduce Violence

Protective Orders are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half, the orders significantly reduced violence and abuse.

 

Cost Effective

They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.

 

Urban Vs. Rural

The impact of civil protective orders on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, the Family Abuse Protective Orders hold greater importance.

 

Risks of a Family Abuse Protective Order

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It is conceivable that following the submission of a civil protection order, the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating. The response of your abuser after the filing of a protection order is unpredictable. While a Domestic Violence Protection Order (DVPO) can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser’s reaction. Despite the safeguards intended by a DVPO, abusers may retaliate through various means, such as:

1. Physical assault or violence
2. Harming or taking away children
3. Damaging jointly owned property
4. Disregarding the order and persisting with threats, possibly through intermediaries
5. Inflicting harm or causing harm to pets
6. Harassing your loved ones for information
7. Engaging in stalking behavior
8. Initiating a retaliatory Family Abuse Protective Order against you
9. Spreading false information about you in court documents, online, or publicly

Following the submission of a domestic violence Protection order, it’s important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.

WHAT RESTRICTIONS CAN YOU ASK THE JUDGE FOR

 

Here are the typical restrictions places on the abuser via the Family Abuse Protective Order.

Stay Away From You

Abuser would have to stay at least 100 yards away from you, your children and locations you request such as your work

Not To Contact You

Not to contact you via phone or text or mutual friends

Not Stalk You

Not stalk you or your loved ones, including your accounts on facebook or other social media

Hand Over A Car

Get access to cars held by the abuser

Vacate The Shared Residence

The respondent can be asked to vacate the shared residence. You can also request help from police to kick them out.

Handover Passport, Cell Phone, Medications Etc.

You an ask for your personal items such as passport, medications, clothes. This would be applicable if you were living together up to now.

Don’t Post Intimate Images

Take down, delete, and do not distribute intimate images of a protected person

Restrict Abusive Litigation

This is to prevent the misuse of the legal system to harass, intimidate, or burden you.

Get Drugs, Mental Health And Sex Offender Treatment

You can request the abuser to seek treatment for alcoholism, drug use, domestic violence abuse