SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
030372838Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-152.8, 19.2-152.9 and 19.2-152.10 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-152.8. Emergency protective orders authorized in cases of stalking and acts of violence.
A. Any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte emergency protective order pursuant to this section in order to protect the health or safety of any person.
B. When a law-enforcement officer or, an allegedly stalked person or an alleged
victim of an assault or an act of violence resulting in an injury to person or
property asserts under oath to a judge or magistrate that such person is being
or has been subjected to stalking, an assault or an act of violence resulting
in an injury to person or property and on that assertion or other evidence the
judge or magistrate finds that (i) there is probable danger of a further such offense
being committed by the respondent against the allegedly stalked person 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:
1. Prohibiting assaults, acts of violence or acts of stalking in violation of § 18.2-60.3;
2. Prohibiting such contacts by the respondent with the allegedly stalked
person alleged victim of such crime or such person's family or household
members as the judge or magistrate deems necessary to protect the safety of such persons; and
3. Such other conditions as the judge or magistrate deems necessary to prevent further acts of stalking, assault, injury to person or property or communication or other contact of any kind by the respondent.
C. An emergency protective order issued pursuant to this section shall expire
seventy-two72 hours after issuance. If the expiration of the
seventy-two72-hour period occurs at a time that the court is not in session, the emergency
protective order shall be extended until 5 p.m. of the next business day that
the court which issued the order is in session. The respondent may at any time
file a motion with the court requesting a hearing to dissolve or modify the
order. The hearing on the motion shall be given precedence on the docket of the
court.
D. A law-enforcement officer may request an emergency protective order pursuant
to this section orally, in person or by electronic means, and the judge of a
circuit court, general district court, or juvenile and domestic relations
district court or a magistrate may issue an oral emergency protective order. An
oral emergency protective order issued pursuant to this section shall be
reduced to writing, by the law-enforcement officer requesting the order or the
magistrate, on a preprinted form approved and provided by the Supreme Court of
Virginia. The completed form shall include a statement of the grounds for the
order asserted by the officer or the allegedly stalked person alleged victim of
such crime.
E. Upon receipt of the order by a local law-enforcement agency for service, the
agency shall enter the name of the person subject to the order and other
appropriate information required by the Department of State Police into the
Virginia Criminal Information Network system established and maintained by the
Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. Where
practical, the court or magistrate may transfer information electronically to the
Virginia Criminal Information Network system. A copy of an emergency protective
order issued pursuant to this section shall be served upon the respondent as
soon as possible, and upon service, the agency making service shall enter the
date and time of service into the Virginia Criminal Information Network system.
One copy of the order shall be given to the allegedly stalked person alleged
victim of such crime. The judge or magistrate who issues an oral order pursuant
to an electronic request by a law-enforcement officer shall verify the written order to determine whether
the officer who reduced it to writing accurately transcribed the contents of
the oral order. The original copy shall be filed with the clerk of the
appropriate district court within five business days of the issuance of the
order. If the order is later dissolved or modified, a copy of the dissolution
or modification order shall be forwarded and entered in the system as described
above. Upon request, the clerk shall provide the allegedly stalked person
alleged victim of such crime with information regarding the date and time of
service.
F. The issuance of an emergency protective order shall not be considered evidence of any wrongdoing by the respondent.
G. As used in this section, a "law-enforcement officer" means any (i) person who is a full-time or part-time employee of a police department or sheriff's office which is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth and (ii) member of an auxiliary police force established pursuant to subsection B of § 15.2-1731. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff's office.
H. Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.
I. As used in this section, "copy" includes a facsimile copy.
J. No fee shall be charged for filing or serving any petition pursuant to this section.
§ 19.2-152.9. Preliminary protective orders in cases of stalking and acts of violence.
A. Upon the filing of a petition alleging that (i) the petitioner is or has
been, within a reasonable period of time, subjected to stalking, an assault, or
an act of violence resulting in injury to a person or property and (ii) a
warrant has been issued for the arrest of the alleged stalker perpetrator of
such act or acts, the court may issue a preliminary protective order against
the alleged stalker perpetrator in order to protect the health and safety of
the petitioner or any family or household member of the petitioner. The order may be issued in an ex
parte proceeding upon good cause shown when the petition is supported by an
affidavit or sworn testimony before the judge or intake officer. Immediate and
present danger of stalking or an assault or another act of violence or evidence
sufficient to establish probable cause that stalking or an assault or an act of
violence resulting in injury to a person or property has recently occurred
shall constitute good cause.
A preliminary protective order may include any one or more of the following conditions to be imposed on the respondent:
1. Prohibiting assaults, acts of violence, or acts of stalking in violation of § 18.2-60.3;
2. Prohibiting such other contacts by the respondent with the petitioner or the petitioner's family or household members as the court deems necessary for the health and safety of such persons; and
3. Such other conditions as the court deems necessary to prevent further acts of stalking, assaults, acts of violence, or communication or other contact of any kind by the respondent.
B. Upon receipt of the order by a local law-enforcement agency for service, the
agency shall enter the name of the person subject to the order and other
appropriate information required by the Department of State Police into the
Virginia Criminal Information Network system established and maintained by the
Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. Where
practical, the court may transfer information electronically to the Virginia
Criminal Information Network system. A copy of a preliminary protective order shall
be served as soon as possible on the alleged stalker in person as provided in §
16.1-264, and upon service, the agency making service shall enter the date and time
of service into the Virginia criminal information network system. The preliminary
order shall specify a date for the full hearing. The hearing shall be held within
fifteen 15 days of the issuance of the preliminary order. However, upon
motion of the respondent and for good cause shown, the court may continue the hearing. The
preliminary order shall remain in effect until the hearing. Upon request after
the order is issued, the clerk shall provide the petitioner with a copy of the
order and information regarding the date and time of service. The order shall
further specify that either party may at any time file a motion with the court
requesting a hearing to dissolve or modify the order. The hearing on the motion
shall be given precedence on the docket of the court.
Upon receipt of the return of service or other proof of service pursuant to subsection C of § 16.1-264, the clerk shall forward forthwith an attested copy of the preliminary protective order to the local police department or sheriff's office which shall, upon receipt, enter into the Virginia Criminal Information Network system any other information required by the State Police which was not previously entered. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested, forwarded and entered into the Virginia Criminal Information Network system as described above.
C. The preliminary order is effective upon personal service on the alleged
stalker perpetrator. Except as otherwise provided in § 16.1-253.2, a violation
of the order shall constitute contempt of court.
D. At a full hearing on the petition, the court may issue a protective order pursuant to § 19.2-152.10 if the court finds that the petitioner has proven the allegation of an assault, an act of violence resulting in an injury to a person or property, or stalking by a preponderance of the evidence.
E. No fees shall be charged for filing or serving petitions pursuant to this section.
F. Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.
G. As used in this section, "copy" includes a facsimile copy.
§ 19.2-152.10. Protective order in cases of stalking and acts of violence.
A. The court may issue a protective order pursuant to this chapter to protect the health and safety of the petitioner and family or household members of a petitioner upon (i) the issuance of a warrant for an assault, an act of violence resulting in an injury to a person or property, or a violation of § 18.2-60.3, (ii) a hearing held pursuant to subsection D of § 19.2-152.9, or (iii) a conviction for an assault, an act of violence resulting in an injury to a person or property, or a violation of § 18.2-60.3. A protective order issued under this section may include any one or more of the following conditions to be imposed on the respondent:
1. Prohibiting further assaults, acts of violence, or acts of stalking in violation of § 18.2-60.3;
2. Prohibiting such contacts by the respondent with the petitioner or family or household members of the petitioner as the court deems necessary for the health or safety of such persons;
3. Any other relief necessary to prevent further assaults, acts of violence, or acts of stalking, communication or other contact of any kind by the respondent.
B. The protective order may be issued for a specified period; however, unless otherwise authorized by law, a protective order may not be issued under this section for a period longer than two years. A copy of the protective order shall be served on the respondent and provided to the petitioner as soon as possible. The clerk shall upon receipt forward forthwith an attested copy of the order to the local police department or sheriff's office which shall, upon receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network system established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. Where practical, the court may transfer information electronically to the Virginia Criminal Information Network system. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested, forwarded and entered into the system as described above.
C. Except as otherwise provided, a violation of a protective order issued under this section shall constitute contempt of court.
D. The court may assess costs and attorneys' fees against either party regardless of whether an order of protection has been issued as a result of a full hearing.
E. Any judgment, order or decree, whether permanent or temporary, issued by a court of appropriate jurisdiction in another state, the United States or any of its territories, possessions or Commonwealths, the District of Columbia or by any tribal court of appropriate jurisdiction for the purpose of preventing violent or threatening acts or harassment against or contact or communication with or physical proximity to another person, including any of the conditions specified in subsection A, shall be accorded full faith and credit and enforced in the Commonwealth as if it were an order of the Commonwealth, provided reasonable notice and opportunity to be heard were given by the issuing jurisdiction to the person against whom the order is sought to be enforced sufficient to protect such person's due process rights and consistent with federal law. A person entitled to protection under such a foreign order may file the order in any appropriate district court by filing with the court, an attested or exemplified copy of the order. Upon such a filing, the clerk shall forward forthwith an attested copy of the order to the local police department or sheriff's office which shall, upon receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network system established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52.
Upon inquiry by any law-enforcement agency of the Commonwealth, the clerk shall make a copy available of any foreign order filed with that court. A law-enforcement officer may, in the performance of his duties, rely upon a copy of a foreign protective order or other suitable evidence which has been provided to him by any source and may also rely upon the statement of any person protected by the order that the order remains in effect.
F. Either party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order. Proceedings to modify or dissolve a protective order shall be given precedence on the docket of the court.
G. Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.
H. No fees shall be charged for filing or serving petitions pursuant to this section.
I. As used in this section, "copy" includes a facsimile copy.