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.
2020 SESSION
SB 574 Protective orders; petitioning court on behalf of incapacitated persons.
Introduced by: T. Montgomery "Monty" Mason | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Protective orders on behalf of incapacitated persons. Allows an employee of a local department of social services (local department) to petition a court on behalf of an incapacitated person for a preliminary protective order in cases of family abuse or non-family abuse. If the court finds by a preponderance of the evidence that the person is an incapacitated person and lacks the capacity to file such petition for himself, the court shall grant a guardian ad litem to represent the interests of the incapacitated person and may issue an order granting the preliminary protective order if other conditions required for the issuance of a preliminary protective order are met. The bill allows the employee of a local department who filed the petition to testify on behalf of the incapacitated person at any hearing for the preliminary protective order and at the full hearing on the petition. At the full hearing on the petition, the court may issue a protective order for a specified period of time, up to a maximum of two years, if the court finds by a preponderance of the evidence that the employee of a local department who filed the petition has proven the allegation of abuse or that the incapacitated person has been subjected to an act of violence, force, or threat.
FULL TEXT
HISTORY
- 01/07/20 Senate: Prefiled and ordered printed; offered 01/08/20 20101861D
- 01/07/20 Senate: Referred to Committee on the Judiciary
- 01/08/20 Senate: Moved from Courts of Justice to Judiciary due to a change of the committee name
- 01/27/20 Senate: Stricken at the request of Patron in Judiciary (13-Y 0-N)