Last reviewed October 23, 2026 by Kimberly Stover, The Law Office of Kimberly Stover, PLLC
Often, no. After an arrest for domestic assault and battery in Virginia (Va. Code § 18.2-57.2), a magistrate can issue an emergency protective order that prohibits contact with your spouse or partner, and a judge or magistrate can make “no contact” a condition of your bond. Either one can apply the same night as the arrest. Contact that a protective order prohibits is a separate crime, a Class 1 misdemeanor under Va. Code § 16.1-253.2, even while the assault charge is still pending.
What orders can stop me from contacting my spouse after a domestic arrest?
Three kinds of protective order, plus bond conditions, can restrict contact in a Virginia domestic assault case. Each comes from a different statute and lasts a different length of time:
| Order | Who issues it and when | How long it lasts |
|---|---|---|
| Emergency protective order (EPO), Va. Code § 16.1-253.4 | A magistrate or judge, usually the night of the arrest | Until 11:59 p.m. on the third day after it is issued, extended to the next day the JDR court is in session if needed |
| Preliminary protective order (PPO), Va. Code § 16.1-253.1 | The Juvenile and Domestic Relations (JDR) District Court, on a petition | Until a full hearing, which must be held within 15 days of issuance unless continued |
| Protective order, Va. Code § 16.1-279.1 | The JDR court, after a full hearing | Up to two years (up to four if there was a prior order within 10 years) |
| Bond (bail) conditions, Va. Code § 19.2-123 | The magistrate or judge who sets bond | While the criminal case is pending, unless changed |
What does an emergency protective order prohibit?
An emergency protective order can bar any contact with the other person and their family or household members, including being in their physical presence. Under Va. Code § 16.1-253.4(B), when a warrant for domestic assault is issued and the magistrate finds probable danger of further family abuse, the magistrate shall issue an EPO. It can prohibit further acts of family abuse, prohibit contacts with the allegedly abused person and their family or household members, give that person possession of the shared home to the exclusion of the accused, and give the petitioner possession of a companion animal.
A police officer can request the order; the alleged victim does not have to ask for it. Our post on emergency protective orders in Virginia domestic assault cases explains the EPO in more detail, including whether you can go home.
How long does the no-contact order last after a domestic arrest?
It depends on which order applies. An EPO is short: it expires at 11:59 p.m. on the third day after it is issued, or on the next day the JDR court is in session if that day falls when court is closed (Va. Code § 16.1-253.4(C)). If the other person files a petition, the JDR court can issue a preliminary protective order, and the full hearing must be held within 15 days (Va. Code § 16.1-253.1(B)). After the full hearing, a protective order can last up to two years (Va. Code § 16.1-279.1(B)(1)).
A no-contact bond condition is separate from all three. Under Va. Code § 19.2-123(A), the judicial officer setting bond may restrict contact with household members for a specified period and may require the accused to avoid all contact with the alleged victim. A bond condition can stay in place after the EPO expires, for as long as the case is pending, unless a judge changes it.
What if my spouse contacts me first?
The order’s terms apply to you. Section 16.1-253.2 does not list contact started by the other person as an exception, so a reply to a call or a text can be charged as a violation. Only the court can lift or change a protective order: either party may file a motion asking the court to dissolve or modify it (Va. Code § 16.1-253.1(B) for a preliminary order; § 16.1-279.1(G) for a full protective order). Until a judge does, follow the order as written.
Many spouses want the charge dropped, but the decision to drop a domestic assault charge belongs to the prosecutor, not the alleged victim. See Can a Domestic Assault and Battery Charge Be Dropped in Virginia?
What is the penalty for violating a protective order in Virginia?
Violating the no-contact or stay-away terms of an emergency, preliminary or full protective order is a Class 1 misdemeanor under Va. Code § 16.1-253.2(A), punishable by up to 12 months in jail and a fine of up to $2,500 (Va. Code § 18.2-11). The penalties rise for repeat violations:
- Second violation within five years of a prior conviction, where either offense involved an act or threat of violence: a mandatory minimum of 60 days in jail.
- Third or later violation within 20 years of the first conviction, where any of the offenses involved an act or threat of violence: a Class 6 felony with a mandatory minimum of six months.
When police have probable cause to believe a protective order was violated, Va. Code § 19.2-81.3(B) directs them to arrest the person they believe was the predominant physical aggressor, unless special circumstances call for something else. For more, see What Is the Penalty for Violating a Protective Order in Alexandria?
Which court handles the protective order and the domestic assault charge?
Domestic assault charges and family-abuse protective orders are heard in the Juvenile and Domestic Relations District Court for the city or county where the case arises:
- Alexandria: the Alexandria Juvenile and Domestic Relations District Court
- Arlington: the Arlington County Juvenile and Domestic Relations District Court, 1425 North Courthouse Road, Arlington
- Fairfax County: the Fairfax County Juvenile and Domestic Relations District Court
- Loudoun: the Loudoun County Juvenile and Domestic Relations District Court, Leesburg
- Prince William: the Prince William County Juvenile and Domestic Relations District Court, 9311 Lee Avenue, Manassas
What should I do if there is a no-contact order?
- Read every order and your bond paperwork, and note each one’s end date.
- Do not call, text, message, email or visit the other person, and do not go to the home if the order gives it to them.
- If you need clothing, medication or work items from the home, ask your lawyer how to arrange it lawfully.
- Talk to a lawyer before the protective order hearing. What is said there can matter in the criminal case.
For the possible jail time and when a domestic assault becomes a felony, see How Long Do You Go to Jail for Domestic Assault and Battery in Virginia?
Frequently asked questions
Not if an emergency protective order, a preliminary or full protective order, or a bond condition prohibits contact. Contact a protective order prohibits is a Class 1 misdemeanor under Va. Code § 16.1-253.2.
Until 11:59 p.m. on the third day after it is issued, extended to the next day the JDR court is in session if it would otherwise expire on a day court is closed (Va. Code § 16.1-253.4(C)).
Either party can file a motion asking the court to dissolve or modify a preliminary or full protective order (Va. Code §§ 16.1-253.1(B), 16.1-279.1(G)). The order stays in effect until a judge changes it.
No. A bond condition under Va. Code § 19.2-123 is set when you are released and can last while the criminal case is pending. A protective order comes from §§ 16.1-253.4, 16.1-253.1 or 16.1-279.1 and has its own end date.
Charged with domestic assault in Northern Virginia?
The Law Office of Kimberly Stover, PLLC defends domestic assault and battery charges and protective order cases in Alexandria, Arlington, Fairfax, Loudoun and Prince William. See our domestic assault pages for Fairfax, Arlington, Loudoun, Prince William and Alexandria.
About the author
Kimberly Stover is the founding attorney of The Law Office of Kimberly Stover, PLLC. A former public defender, she has more than 15 years of Virginia criminal defense experience and serves on the boards of the Virginia Association of Criminal Defense Lawyers (VACDL) and Justice Forward Virginia. She is a graduate of Georgetown University Law Center. Offices: 211 North Union Street, Suite 100, Alexandria, VA 22314, and 8280 Willow Oaks Corporate Drive, Suite 600, Fairfax, VA 22031. Full attorney profile · (571) 554-5977
Call (571) 554-5977 to talk with us about your case.
This post is general information about Virginia law, not legal advice.
