Emergency Protective Orders (EPO)If an arrest is made, if an arrest warrant is issued, or if further abuse is possible, the police will ask the Magistrate for an “Emergency Protective Order” on behalf of the victim. Even if the police officer does not ask a Magistrate for an Emergency Protective Order, the victim may ask the Magistrate for an Emergency Protective Order. The order can be issued to protect the victim and other family or household members. An Emergency Protective Order is available to any victim at no cost. You can get an Emergency Protective Order even if you left the residence for your safety.NOTE: The Magistrate does not have to issue an Emergency Protective Order if the defendant is under the age of 18.A protective order can be a useful tool for victims of domestic abuse to increase their safety. The Emergency Protective Order can:· Prohibit further abuse by the respondent (alleged abusing person);· Prohibit contacts between the respondent and any family or household member the court lists on the protective order; the court will specify what kinds of contacts are prohibited;· Give “possession” of the residence to the petitioner (meaning that the respondent has to stay away from the residence and the petitioner can stay there). This arrangement is temporary only and does not affect any other legal rights.The purpose of the Emergency Protective Order is to protect health and safety in an emergency. Because alleged abusers did not have a chance to defend themselves at an Emergency Protective Order hearing, the issuance of an Emergency Protective Order is not considered evidence of any wrongdoing by an alleged abuser.A copy of the order is given to the victim (the allegedly abused person) when it is issued. It is a good idea to make extra copies of the order and to keep a copy with you at all times. It is also a good idea to give a copy to any school or other organization where the alleged abuser is not permitted to contact you.The order lasts for 72 hours from the time it is issued.WARNING: An Emergency Protective Order goes into effect only when it is “served” by law enforcement on the alleged abuser. The alleged abuser is entitled to get a copy of the order so that he or she knows what the court has ordered and what the consequences might be. If the order is not served, it will not go into effect. The 72-hour period starts when the judge issues the order, NOT when the alleged abuser is served. If an abuser is not served in the 72-hour period, the order never takes effect.NOTE: If the victim wants longer-term protection, she or he should go to the Juvenile & Domestic Relations Court to obtain another protective order (see Part 5).If the 72 hours end at a time when the Juvenile & Domestic Relations Court is not in session, meaning a judge is not available to issue a protective order, then the Emergency Protective Order will remain in effect until the next time that the Juvenile & Domestic Relations Court is in session.If the victim cannot go to the Juvenile & Domestic Relations Court within 72 hours because of a physical or mental ailment, the police can petition for an extension of another 72 hours on behalf of the victim.A copy of the order is entered into the Virginia Criminal Information Network system maintained by the Virginia State Police. If the order is served on the alleged abuser, the law enforcement agency that served the alleged abuser will enter the date and time of service into the system.For more information, see the other FAQ's for Protective Orders or call our 24 hour hotline at 1-800-613-6145.This information is taken from, "SAFE HOMES, SAFER COMMUNITIES--THE VIRGINIA SAFE AT HOME RESOURCE MANUAL, OFFICE OF THE ATTORNEY GENERAL" August 2004. The information contained in this manual is not intended to act, nor should it be relied upon, as legal advice. The description of the law contained herein is based on Federal and Virginia law as of the date of the manual’s publication. The law may change after the publication date. You should seek legal counsel regarding any legal action you may wish to pursue.