Family Court in Virginia: What Survivors Need to Know (Custody, Protective Orders, Support)

In Virginia, most custody and protective order cases start in the Juvenile and Domestic Relations District Court (J&DR). If you file for divorce later, the case may move to the Circuit Court.

Virginia law (Code of Virginia) mandates that the safety of the child and the parent is a primary consideration in all rulings. As of July 1, 2025, changes to child support guidelines have also taken effect, impacting many families.¹

1. New Terminology & "Family Abuse"

Virginia law defines "Family Abuse" (Code § 16.1-228) broadly.² It includes not just physical violence, but also:

• Force or Threat: Any act involving violence, force, or threat that results in bodily injury or places you in reasonable fear of death, sexual assault, or bodily injury.³

• Stalking & Sexual Assault: Explicitly included.

Custody Terms:

• Legal Custody: Decision-making rights (healthcare, religion, education).⁴

• Physical Custody: Who the child lives with (Sole, Shared, or Split).

• "Primary Physical Custody": Usually means the child is with one parent for the majority of the year, while the other has visitation.

2. Protective Orders (EPO, PPO, Final PO)⁵

You can get protection through three stages of orders.⁶ You do not need a lawyer to start this process.

• Emergency Protective Order (EPO): Lasts 72 hours.⁷ You can get this from a magistrate (24/7) or police officer if you are in immediate danger.⁸

• Preliminary Protective Order (PPO): Lasts 15 days.⁹ You petition the J&DR Court for this. It is often granted Ex Parte (without the abuser present) if you show immediate danger.

• Final Protective Order: Lasts up to 2 years.¹⁰ Granted after a full hearing where you must prove family abuse occurred.

• I-CAN! Virginia: This is a free online tool provided by the judicial system that helps you fill out the forms for a Protective Order safely from home.¹¹

3. Custody & The "Best Interests" Factors

Under Code of Virginia § 20-124.3, judges must consider specific factors when deciding custody.¹²

• Factor 9: The judge must consider any history of family abuse, sexual abuse, child abuse, or acts of violence, force, or threat that occurred within the last 10 years.

• Impact: If you prove a history of family abuse, the judge may disregard the "friendly parent" factor (which usually asks which parent is more likely to support contact with the other). This protects you from being penalized for "gatekeeping" if you are protecting the child from an abuser.

4. Mediation & Safety Screening

Virginia courts typically refer custody cases to Mediation.

• The Law (Code § 20-124.4): The court must refer parties to a dispute resolution orientation unless it is inappropriate.

• The Exemption: Upon motion, the court must assess whether there is a history of family abuse.¹³ If abuse is present, mediation is generally deemed inappropriate because the power imbalance makes fair negotiation impossible.

• Action Item: You should explicitly tell the intake officer or Clerk that there is a history of family abuse so they can screen you out of mandatory mediation.

5. Relocation: The "30-Day Notice" Rule

Virginia Code § 20-124.5 requires that any order for custody or visitation must include a requirement for 30 days' advance written notice of any intent to relocate.¹⁴

• The Rule: You must tell the court and the other parent your new address 30 days before moving.¹⁵

• The Exception: If providing your address would endanger you or the children, you can ask the court for a protective provision to keep the address confidential (e.g., providing it only to the Court, not the abuser).

6. Child Support (2025 Updates)

• New Guidelines: As of July 1, 2025, the income threshold for the guideline schedule was expanded to $42,500 combined monthly gross income (up from $35,000), meaning higher-income earners now fall under the standard table rather than a formula.¹⁶

• Calculations: Virginia uses the "Income Shares" model.¹⁷

• DCSE Services: The Division of Child Support Enforcement (DCSE) can help you collect support. If you fear for your safety, you can file a "Claim of Good Cause" to keep your location hidden during their collection process.

Frequently Asked Questions (FAQ)

Q1: Do I need a police report to get a Protective Order?

No. While a police report is strong evidence, it is not required. You can testify to the abuse yourself. Photos of injuries, text messages containing threats, and witness statements are also valid evidence in a J&DR hearing.

Q2: Can I record my spouse to prove abuse in Virginia?

Yes. Virginia is a "One-Party Consent" state. You can legally record a conversation or phone call that you are participating in without the other person's knowledge. These recordings are often admissible in J&DR court to prove verbal abuse or threats.

Q3: Will the judge order 50/50 custody?

There is no presumption of 50/50. While Virginia Code § 20-124.2 states that the court shall assure minor children of "frequent and continuing contact" with both parents, it does not mandate a 50/50 split.18 The "Best Interests" factors (including safety and abuse history) take precedence.

Q4: Can I keep my address confidential?

Yes. Virginia has an Address Confidentiality Program (ACP) for victims of domestic violence who have moved to a new location. If accepted, you are assigned a substitute address to use on public records (like DMV and school registrations). Call 1-800-838-8238 for application info.

Q5: What is a "Guardian ad Litem" (GAL)?

A GAL is a lawyer appointed by the judge to represent the child's best interests (not yours).19 They will investigate the case, talk to the child, and make a recommendation to the judge. Be honest with the GAL about the violence, but remain focused on the child's safety rather than your anger at the other parent.

Q6: What if he violates the Protective Order?

Call the police. Violation of a Protective Order in Virginia is a Class 1 Misdemeanor (and can be a felony under certain conditions, like being armed). It requires mandatory arrest if the officer witnesses it or has probable cause.

References & Resources

• I-CAN! Virginia: https://www.vacourts.gov/courtadmin/aoc/judpln/programs/ican/ (Online forms tool).

• Virginia Family Violence Hotline: 1-800-838-8238.²⁰

• Legal Aid of Virginia: 1-866-LEGL-AID (1-866-534-5243).

• Virginia Sexual and Domestic Violence Action Alliance: vsdvalliance.org.

• Legislation: Code of Virginia § 20-124.3 (Best Interests), § 16.1-279.1 (Protective Orders).²¹