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1997 SESSION

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HB 2071 Protective orders.

Introduced by: Vivian E. Watts | all patrons    ...    notes | add to my profiles

SUMMARY:

Protective orders. Makes primarily technical changes in the bill enacted last year to become effective July 1, 1997. The changes (i) require that identifying information be entered into the Virginia criminal information system as soon as practicable after issuance of a preliminary protective order, (ii) clarify the authority of a law-enforcement officer to request an emergency protective order orally or by electronic means and of the court to issue an oral order, (iii) allow for issuance of an emergency order upon evidence that a warrant for assault and battery against a family member has been issued and future harm is probable (currently an emergency order may be issued only upon evidence of family abuse and probable danger of further abuse), and (iv) simplify and clarify the authority of police to arrest without a warrant in cases of domestic assault or abuse.

This bill also addresses an apparent conflict between Chapters 900 and 945 of the 1996 Session by removing the requirement that an affidavit be filed with a foreign protective order as a condition for enforcement. Chapter 900 required the filing of an affidavit but Chapter 945 did not. It was thought at the time that the later enactment (Ch. 945) would control, but because technically there was no conflict between the two bills, the Code Commission gave effect to Chapter 900. This bill is recommended by the Commission on Family Violence Prevention.


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