By Kathryn Marcou

People often come to attorneys with the question of whether a family abuse protective order can be obtained after an argument with a significant other, especially during separation or divorce. While heated arguments may lead to threatening statements, not all threats qualify for a protective order.

Virginia Code § 16.1-279.1 gives the court the power to implement a protective order for up to two years in cases of family abuse. Virginia defines family abuse as “any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person’s family or household member.” Virginia Code § 16.1-228.

Although Virginia code includes “threat” in the definition of family abuse, the courts require more than indirect or implied threats to grant a protective order. For example, in Martin v. Martin, the Court of Appeals denied a protective order petition that was filed after the victim received a burned CD with perceived threatening lyrics. Martin v. Martin, 2740-01-2, (Va. App. 6-18-2002). The Martin v. Martin court found that a perceived threat on its own, absent any evidence of immediate, serious bodily harm was insufficient to warrant the issuing of a protective order.

To obtain a civil protective order for family abuse, you need clear evidence of bodily harm, abuse, or explicit threats of imminent harm. If you are considering a protective order due to family abuse, and have questions about the likely outcome, it is important that you speak to an experienced family law attorney to discuss your options.

Steven Krieger Law, PLLC has experienced family law attorneys that can assist you with your family law matters, including family abuse. Please feel free to contact us for a consultation.