To obtain an emergency protective order (VA State § 19.2-152.8) a person must be allegedly stalked or an alleged victim of a criminal offense resulting in a serious bodily injury. The victim or the law enforcement officer on behalf of the victim asserts under oath to a judge or magistrate that such person is being or has been subjected to stalking or a criminal offense resulting in a serious bodily injury. The Judge or Magistrate then finds (i) there is probable danger of a further such offense being committed by the respondent (suspect) against the alleged victim and (ii) a warrant for the arrest of the respondent has been issued, the judge or magistrate shall issue an ex parte emergency protective order imposing one or more of the following conditions on the respondent (suspect):
It is important to note that the respondent may not possess, transport, or purchase a firearm and/or ammunition. Additionally, a violation of this order will result in his/her immediate arrest. For instance if the respondent commits an assault and battery upon any party protected by the protective order, resulting in serious bodily injury to the party, he is guilty of a Class 6 felony. Or if any person who violates such a protective order by entering the home of any protected party while the party is present, or by entering and remaining in the home of the protected party until the party arrives, is guilty of a Class 6 felony.