§ 16.1-253.1. Preliminary protective orders in cases of family abuse;confidentiality.
A. Upon the filing of a petition alleging that the petitioner is or has been,within a reasonable period of time, subjected to family abuse, the court mayissue a preliminary protective order against an allegedly abusing person inorder to protect the health and safety of the petitioner or any family orhousehold member of the petitioner. The order may be issued in an ex parteproceeding upon good cause shown when the petition is supported by anaffidavit or sworn testimony before the judge or intake officer. Immediateand present danger of family abuse or evidence sufficient to establishprobable cause that family abuse has recently occurred shall constitute goodcause. Evidence that the petitioner has been subjected to family abuse withina reasonable time and evidence of immediate and present danger of familyabuse may be established by a showing that (i) the allegedly abusing personis incarcerated and is to be released from incarceration within 30 daysfollowing the petition or has been released from incarceration within 30 daysprior to the petition, (ii) the crime for which the allegedly abusing personwas convicted and incarcerated involved family abuse against the petitioner,and (iii) the allegedly abusing person has made threatening contact with thepetitioner while he was incarcerated, exhibiting a renewed threat to thepetitioner of family abuse.
A preliminary protective order may include any one or more of the followingconditions to be imposed on the allegedly abusing person:
1. Prohibiting acts of family abuse.
2. Prohibiting such other contacts between the parties as the court deemsappropriate.
3. Prohibiting such other contacts with the allegedly abused family orhousehold member as the court deems necessary to protect the safety of suchpersons.
4. Granting the petitioner possession of the premises occupied by the partiesto the exclusion of the allegedly abusing person; however, no such grant ofpossession shall affect title to any real or personal property.
5. Enjoining the respondent from terminating any necessary utility service toa premises that the petitioner has been granted possession of pursuant tosubdivision 4 or, where appropriate, ordering the respondent to restoreutility services to such premises.
6. Granting the petitioner temporary possession or use of a motor vehicleowned by the petitioner alone or jointly owned by the parties to theexclusion of the allegedly abusing person; however, no such grant ofpossession or use shall affect title to the vehicle.
7. Requiring that the allegedly abusing person provide suitable alternativehousing for the petitioner and any other family or household member and,where appropriate, requiring the respondent to pay deposits to connect orrestore necessary utility services in the alternative housing provided.
8. Any other relief necessary for the protection of the petitioner and familyor household members of the petitioner.
B. The court shall forthwith, but in all cases no later than the end of thebusiness day on which the order was issued, enter and transfer electronicallyto the Virginia Criminal Information Network the respondent's identifyinginformation and the name, date of birth, sex, and race of each protectedperson provided to the court. A copy of a preliminary protective ordercontaining any such identifying information shall be forwarded forthwith tothe primary law-enforcement agency responsible for service and entry ofprotective orders. Upon receipt of the order by the primary law-enforcementagency, the agency shall forthwith verify and enter any modification asnecessary to the identifying information and other appropriate informationrequired by the Department of State Police into the Virginia CriminalInformation Network established and maintained by the Department pursuant toChapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be servedforthwith on the allegedly abusing person in person as provided in § 16.1-264and due return made to the court. However, if the order is issued by thecircuit court, the clerk of the circuit court shall forthwith forward anattested copy of the order containing the respondent's identifyinginformation and the name, date of birth, sex, and race of each protectedperson provided to the court to the primary law-enforcement agency providingservice and entry of protective orders and upon receipt of the order, theprimary law-enforcement agency shall enter the name of the person subject tothe order and other appropriate information required by the Department ofState Police into the Virginia Criminal Information Network established andmaintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title52 and the order shall be served forthwith on the allegedly abusing person inperson as provided in § 16.1-264. Upon service, the agency making serviceshall enter the date and time of service and other appropriate informationrequired by the Department of State Police into the Virginia CriminalInformation Network and make due return to the court. The preliminary ordershall specify a date for the full hearing. The hearing shall be held within15 days of the issuance of the preliminary order. If the respondent fails toappear at this hearing because the respondent was not personally served, orif personally served was incarcerated and not transported to the hearing, thecourt may extend the protective order for a period not to exceed six months.The extended protective order shall be served forthwith on the respondent.However, upon motion of the respondent and for good cause shown, the courtmay continue the hearing. The preliminary order shall remain in effect untilthe hearing. Upon request after the order is issued, the clerk shall providethe petitioner with a copy of the order and information regarding the dateand time of service. The order shall further specify that either party may atany time file a motion with the court requesting a hearing to dissolve ormodify the order. The hearing on the motion shall be given precedence on thedocket of the court.
Upon receipt of the return of service or other proof of service pursuant tosubsection C of § 16.1-264, the clerk shall forthwith forward an attestedcopy of the preliminary protective order to the primary law-enforcementagency, and the agency shall forthwith verify and enter any modification asnecessary into the Virginia Criminal Information Network as described above.If the order is later dissolved or modified, a copy of the dissolution ormodification order shall also be attested, forwarded forthwith to the primarylaw-enforcement agency responsible for service and entry of protectiveorders, and upon receipt of the order by the primary law-enforcement agency,the agency shall forthwith verify and enter any modification as necessary tothe identifying information and other appropriate information required by theDepartment of State Police into the Virginia Criminal Information Network asdescribed above and the order shall be served forthwith and due return madeto the court.
C. The preliminary order is effective upon personal service on the allegedlyabusing person. Except as otherwise provided in § 16.1-253.2, a violation ofthe order shall constitute contempt of court.
D. At a full hearing on the petition, the court may issue a protective orderpursuant to § 16.1-279.1 if the court finds that the petitioner has proventhe allegation of family abuse by a preponderance of the evidence.
E. Neither a law-enforcement agency, the attorney for the Commonwealth, acourt nor the clerk's office, nor any employee of them, may disclose, exceptamong themselves, the residential address, telephone number, or place ofemployment of the person protected by the order or that of the family of suchperson, except to the extent that disclosure is (i) required by law or theRules of the Supreme Court, (ii) necessary for law-enforcement purposes, or(iii) permitted by the court for good cause.
F. As used in this section, "copy" includes a facsimile copy.
G. No fee shall be charged for filing or serving any petition or orderpursuant to this section.
(1984, c. 631; 1987, c. 497; 1988, c. 165; 1992, c. 886; 1994, c. 907; 1996,c. 866; 1997, c. 603; 1998, c. 684; 2000, cc. 34, 654; 2001, c. 101; 2002,cc. 508, 810, 818; 2006, c. 308; 2007, c. 205; 2008, cc. 73, 246; 2009, cc.343, 732.)
§ 16.1-253.1. Preliminary protective orders in cases of family abuse;confidentiality.
A. Upon the filing of a petition alleging that the petitioner is or has been,within a reasonable period of time, subjected to family abuse, the court mayissue a preliminary protective order against an allegedly abusing person inorder to protect the health and safety of the petitioner or any family orhousehold member of the petitioner. The order may be issued in an ex parteproceeding upon good cause shown when the petition is supported by anaffidavit or sworn testimony before the judge or intake officer. Immediateand present danger of family abuse or evidence sufficient to establishprobable cause that family abuse has recently occurred shall constitute goodcause. Evidence that the petitioner has been subjected to family abuse withina reasonable time and evidence of immediate and present danger of familyabuse may be established by a showing that (i) the allegedly abusing personis incarcerated and is to be released from incarceration within 30 daysfollowing the petition or has been released from incarceration within 30 daysprior to the petition, (ii) the crime for which the allegedly abusing personwas convicted and incarcerated involved family abuse against the petitioner,and (iii) the allegedly abusing person has made threatening contact with thepetitioner while he was incarcerated, exhibiting a renewed threat to thepetitioner of family abuse.
A preliminary protective order may include any one or more of the followingconditions to be imposed on the allegedly abusing person:
1. Prohibiting acts of family abuse.
2. Prohibiting such other contacts between the parties as the court deemsappropriate.
3. Prohibiting such other contacts with the allegedly abused family orhousehold member as the court deems necessary to protect the safety of suchpersons.
4. Granting the petitioner possession of the premises occupied by the partiesto the exclusion of the allegedly abusing person; however, no such grant ofpossession shall affect title to any real or personal property.
5. Enjoining the respondent from terminating any necessary utility service toa premises that the petitioner has been granted possession of pursuant tosubdivision 4 or, where appropriate, ordering the respondent to restoreutility services to such premises.
6. Granting the petitioner temporary possession or use of a motor vehicleowned by the petitioner alone or jointly owned by the parties to theexclusion of the allegedly abusing person; however, no such grant ofpossession or use shall affect title to the vehicle.
7. Requiring that the allegedly abusing person provide suitable alternativehousing for the petitioner and any other family or household member and,where appropriate, requiring the respondent to pay deposits to connect orrestore necessary utility services in the alternative housing provided.
8. Any other relief necessary for the protection of the petitioner and familyor household members of the petitioner.
B. The court shall forthwith, but in all cases no later than the end of thebusiness day on which the order was issued, enter and transfer electronicallyto the Virginia Criminal Information Network the respondent's identifyinginformation and the name, date of birth, sex, and race of each protectedperson provided to the court. A copy of a preliminary protective ordercontaining any such identifying information shall be forwarded forthwith tothe primary law-enforcement agency responsible for service and entry ofprotective orders. Upon receipt of the order by the primary law-enforcementagency, the agency shall forthwith verify and enter any modification asnecessary to the identifying information and other appropriate informationrequired by the Department of State Police into the Virginia CriminalInformation Network established and maintained by the Department pursuant toChapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be servedforthwith on the allegedly abusing person in person as provided in § 16.1-264and due return made to the court. However, if the order is issued by thecircuit court, the clerk of the circuit court shall forthwith forward anattested copy of the order containing the respondent's identifyinginformation and the name, date of birth, sex, and race of each protectedperson provided to the court to the primary law-enforcement agency providingservice and entry of protective orders and upon receipt of the order, theprimary law-enforcement agency shall enter the name of the person subject tothe order and other appropriate information required by the Department ofState Police into the Virginia Criminal Information Network established andmaintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title52 and the order shall be served forthwith on the allegedly abusing person inperson as provided in § 16.1-264. Upon service, the agency making serviceshall enter the date and time of service and other appropriate informationrequired by the Department of State Police into the Virginia CriminalInformation Network and make due return to the court. The preliminary ordershall specify a date for the full hearing. The hearing shall be held within15 days of the issuance of the preliminary order. If the respondent fails toappear at this hearing because the respondent was not personally served, orif personally served was incarcerated and not transported to the hearing, thecourt may extend the protective order for a period not to exceed six months.The extended protective order shall be served forthwith on the respondent.However, upon motion of the respondent and for good cause shown, the courtmay continue the hearing. The preliminary order shall remain in effect untilthe hearing. Upon request after the order is issued, the clerk shall providethe petitioner with a copy of the order and information regarding the dateand time of service. The order shall further specify that either party may atany time file a motion with the court requesting a hearing to dissolve ormodify the order. The hearing on the motion shall be given precedence on thedocket of the court.
Upon receipt of the return of service or other proof of service pursuant tosubsection C of § 16.1-264, the clerk shall forthwith forward an attestedcopy of the preliminary protective order to the primary law-enforcementagency, and the agency shall forthwith verify and enter any modification asnecessary into the Virginia Criminal Information Network as described above.If the order is later dissolved or modified, a copy of the dissolution ormodification order shall also be attested, forwarded forthwith to the primarylaw-enforcement agency responsible for service and entry of protectiveorders, and upon receipt of the order by the primary law-enforcement agency,the agency shall forthwith verify and enter any modification as necessary tothe identifying information and other appropriate information required by theDepartment of State Police into the Virginia Criminal Information Network asdescribed above and the order shall be served forthwith and due return madeto the court.
C. The preliminary order is effective upon personal service on the allegedlyabusing person. Except as otherwise provided in § 16.1-253.2, a violation ofthe order shall constitute contempt of court.
D. At a full hearing on the petition, the court may issue a protective orderpursuant to § 16.1-279.1 if the court finds that the petitioner has proventhe allegation of family abuse by a preponderance of the evidence.
E. Neither a law-enforcement agency, the attorney for the Commonwealth, acourt nor the clerk's office, nor any employee of them, may disclose, exceptamong themselves, the residential address, telephone number, or place ofemployment of the person protected by the order or that of the family of suchperson, except to the extent that disclosure is (i) required by law or theRules of the Supreme Court, (ii) necessary for law-enforcement purposes, or(iii) permitted by the court for good cause.
F. As used in this section, "copy" includes a facsimile copy.
G. No fee shall be charged for filing or serving any petition or orderpursuant to this section.
(1984, c. 631; 1987, c. 497; 1988, c. 165; 1992, c. 886; 1994, c. 907; 1996,c. 866; 1997, c. 603; 1998, c. 684; 2000, cc. 34, 654; 2001, c. 101; 2002,cc. 508, 810, 818; 2006, c. 308; 2007, c. 205; 2008, cc. 73, 246; 2009, cc.343, 732.)
§ 16.1-253.1. Preliminary protective orders in cases of family abuse;confidentiality.
A. Upon the filing of a petition alleging that the petitioner is or has been,within a reasonable period of time, subjected to family abuse, the court mayissue a preliminary protective order against an allegedly abusing person inorder to protect the health and safety of the petitioner or any family orhousehold member of the petitioner. The order may be issued in an ex parteproceeding upon good cause shown when the petition is supported by anaffidavit or sworn testimony before the judge or intake officer. Immediateand present danger of family abuse or evidence sufficient to establishprobable cause that family abuse has recently occurred shall constitute goodcause. Evidence that the petitioner has been subjected to family abuse withina reasonable time and evidence of immediate and present danger of familyabuse may be established by a showing that (i) the allegedly abusing personis incarcerated and is to be released from incarceration within 30 daysfollowing the petition or has been released from incarceration within 30 daysprior to the petition, (ii) the crime for which the allegedly abusing personwas convicted and incarcerated involved family abuse against the petitioner,and (iii) the allegedly abusing person has made threatening contact with thepetitioner while he was incarcerated, exhibiting a renewed threat to thepetitioner of family abuse.
A preliminary protective order may include any one or more of the followingconditions to be imposed on the allegedly abusing person:
1. Prohibiting acts of family abuse.
2. Prohibiting such other contacts between the parties as the court deemsappropriate.
3. Prohibiting such other contacts with the allegedly abused family orhousehold member as the court deems necessary to protect the safety of suchpersons.
4. Granting the petitioner possession of the premises occupied by the partiesto the exclusion of the allegedly abusing person; however, no such grant ofpossession shall affect title to any real or personal property.
5. Enjoining the respondent from terminating any necessary utility service toa premises that the petitioner has been granted possession of pursuant tosubdivision 4 or, where appropriate, ordering the respondent to restoreutility services to such premises.
6. Granting the petitioner temporary possession or use of a motor vehicleowned by the petitioner alone or jointly owned by the parties to theexclusion of the allegedly abusing person; however, no such grant ofpossession or use shall affect title to the vehicle.
7. Requiring that the allegedly abusing person provide suitable alternativehousing for the petitioner and any other family or household member and,where appropriate, requiring the respondent to pay deposits to connect orrestore necessary utility services in the alternative housing provided.
8. Any other relief necessary for the protection of the petitioner and familyor household members of the petitioner.
B. The court shall forthwith, but in all cases no later than the end of thebusiness day on which the order was issued, enter and transfer electronicallyto the Virginia Criminal Information Network the respondent's identifyinginformation and the name, date of birth, sex, and race of each protectedperson provided to the court. A copy of a preliminary protective ordercontaining any such identifying information shall be forwarded forthwith tothe primary law-enforcement agency responsible for service and entry ofprotective orders. Upon receipt of the order by the primary law-enforcementagency, the agency shall forthwith verify and enter any modification asnecessary to the identifying information and other appropriate informationrequired by the Department of State Police into the Virginia CriminalInformation Network established and maintained by the Department pursuant toChapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be servedforthwith on the allegedly abusing person in person as provided in § 16.1-264and due return made to the court. However, if the order is issued by thecircuit court, the clerk of the circuit court shall forthwith forward anattested copy of the order containing the respondent's identifyinginformation and the name, date of birth, sex, and race of each protectedperson provided to the court to the primary law-enforcement agency providingservice and entry of protective orders and upon receipt of the order, theprimary law-enforcement agency shall enter the name of the person subject tothe order and other appropriate information required by the Department ofState Police into the Virginia Criminal Information Network established andmaintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title52 and the order shall be served forthwith on the allegedly abusing person inperson as provided in § 16.1-264. Upon service, the agency making serviceshall enter the date and time of service and other appropriate informationrequired by the Department of State Police into the Virginia CriminalInformation Network and make due return to the court. The preliminary ordershall specify a date for the full hearing. The hearing shall be held within15 days of the issuance of the preliminary order. If the respondent fails toappear at this hearing because the respondent was not personally served, orif personally served was incarcerated and not transported to the hearing, thecourt may extend the protective order for a period not to exceed six months.The extended protective order shall be served forthwith on the respondent.However, upon motion of the respondent and for good cause shown, the courtmay continue the hearing. The preliminary order shall remain in effect untilthe hearing. Upon request after the order is issued, the clerk shall providethe petitioner with a copy of the order and information regarding the dateand time of service. The order shall further specify that either party may atany time file a motion with the court requesting a hearing to dissolve ormodify the order. The hearing on the motion shall be given precedence on thedocket of the court.
Upon receipt of the return of service or other proof of service pursuant tosubsection C of § 16.1-264, the clerk shall forthwith forward an attestedcopy of the preliminary protective order to the primary law-enforcementagency, and the agency shall forthwith verify and enter any modification asnecessary into the Virginia Criminal Information Network as described above.If the order is later dissolved or modified, a copy of the dissolution ormodification order shall also be attested, forwarded forthwith to the primarylaw-enforcement agency responsible for service and entry of protectiveorders, and upon receipt of the order by the primary law-enforcement agency,the agency shall forthwith verify and enter any modification as necessary tothe identifying information and other appropriate information required by theDepartment of State Police into the Virginia Criminal Information Network asdescribed above and the order shall be served forthwith and due return madeto the court.
C. The preliminary order is effective upon personal service on the allegedlyabusing person. Except as otherwise provided in § 16.1-253.2, a violation ofthe order shall constitute contempt of court.
D. At a full hearing on the petition, the court may issue a protective orderpursuant to § 16.1-279.1 if the court finds that the petitioner has proventhe allegation of family abuse by a preponderance of the evidence.
E. Neither a law-enforcement agency, the attorney for the Commonwealth, acourt nor the clerk's office, nor any employee of them, may disclose, exceptamong themselves, the residential address, telephone number, or place ofemployment of the person protected by the order or that of the family of suchperson, except to the extent that disclosure is (i) required by law or theRules of the Supreme Court, (ii) necessary for law-enforcement purposes, or(iii) permitted by the court for good cause.
F. As used in this section, "copy" includes a facsimile copy.
G. No fee shall be charged for filing or serving any petition or orderpursuant to this section.
(1984, c. 631; 1987, c. 497; 1988, c. 165; 1992, c. 886; 1994, c. 907; 1996,c. 866; 1997, c. 603; 1998, c. 684; 2000, cc. 34, 654; 2001, c. 101; 2002,cc. 508, 810, 818; 2006, c. 308; 2007, c. 205; 2008, cc. 73, 246; 2009, cc.343, 732.)
