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• Subject Index: Since 1995
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1995 SESSION

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LD3372188
HOUSE BILL NO. 1343 Offered January 25, 1994 A BILL to amend and reenact § 16.1-279.1 of the Code of Virginia, relating to family abuse; restitution. ----------
Patrons--Jones, D.C., Christian, Crittenden, Cunningham, Robinson and Spruill; Senators: Marsh and Miller, Y.B.
---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 16.1-279.1 of the Code of Virginia is amended and reenacted as follows:

§ 16.1-279.1. Order of protection in cases of family abuse.

A. In cases of family abuse, the court may issue an order of protection to protect the health and safety of the petitioner and to effect the rehabilitation of the abusing person and reconciliation of the parties as the court deems appropriate. An order of protection issued under this section may include any one or more of the following conditions to be imposed on the abusing person:

1. Prohibition of further acts of family abuse;

2. Prohibition of such contacts between the parties as the court deems appropriate;

3. Granting the petitioner possession of the residence occupied by the parties to the exclusion of the abusing person; however, no such grant of possession shall affect title to any real or personal property;

4. Requiring that the abusing person provide suitable alternative housing for the petitioner, and, if appropriate, any other family or household member;

5. Ordering the petitioner, with his or her consent, or the abusing person to participate in treatment, counseling or other programs designed for the rehabilitation and reconciliation of the parties; and

6. Any other relief necessary for the protection of the petitioner and minor children.

B. The order of protection shall be issued for a specified period not to exceed one year. Either party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order.

C. Any violation of an order of protection issued under this section shall constitute contempt of court.

D. The court may order the abusing party to pay restitution to the petitioner and 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. The order of restitution may cover reasonable costs incurred for lost wages, medical bills, damaged property, costs of counseling for the petitioner and minor children, replacement of locks, transportation expenses incurred to escape the violence, alternative lodging, relocation expenses, and such other items as the court deems reasonable and appropriate under the circumstances.