Protective orders are designed to provide safety and peace of mind to individuals who have been subjected to violence, physical force, or threats. Adult protective orders only last for two years but can be extended if good cause exists. Occasionally, the protected party has a reasonable fear of injury or harassment even two years later.

In Virginia, an adult protective order can be extended for another two years if the protected party can demonstrate an ongoing need for protection. The most common reasons include:

1. Ongoing Threats or Harm: If the Defendant continues to pose a threat of violence, abuse or harassment (even if just implying threats indirectly, but not enough to give rise to a criminal violation of the protective order).
2. Violation of the Current Protective Order: Any criminal violation of the protective order can serve as a strong basis for its extension. Violations signal that the threat persists, justifying a need for prolonged protection.
3. New Incidents of Abuse: If new acts of violence or abuse occur after the original order was issued, the protected party may use these incidents as grounds for extending the order.
4. Fear of Future Harm: The protected party may present evidence that even without recent events, they are nevertheless in reasonable fear of future harm based on past behavior. This is typically only successful in cases where past abuse was particularly egregious or physically harmful.

To extend a protective order, the protected party must file a motion with the appropriate court before it expires. The Court will hold a hearing in which both parties can present evidence. If the Judge determines that there is sufficient reason to extend the protective order, the Judge can extend it for another two years. There is no limit on the number of times a protected party can request an extension. Theoretically, a protected party could request an extension every two years for life, and it could continue to be granted if the Court continued to find a sufficient basis.

An extension of a protective order is a legal tool that safeguards victims from violent or threatening individuals. Most importantly, it provides the peace of mind knowing that the Defendant can be immediately arrested by law enforcement should they begin to violate the order, without waiting for a separate crime to be committed. Without a protective order, the Defendant can only be arrested if they commit another crime such as assault, property damage, or theft.

If you believe that an extension of your protective order is necessary, legal counsel can set your case up for success by ensuring that the proper evidence for an extension is presented to the Court.