§ 16.1-253.4. Emergency protective orders authorized in certain cases;penalty.
A. Any judge of a circuit court, general district court, juvenile anddomestic relations district court or magistrate may issue a written or oralex parte emergency protective order pursuant to this section in order toprotect the health or safety of any person.
B. When a law-enforcement officer or an allegedly abused person asserts underoath to a judge or magistrate, and on that assertion or other evidence thejudge or magistrate (i) finds that a warrant for a violation of § 18.2-57.2has been issued or issues a warrant for violation of § 18.2-57.2 and findsthat there is probable danger of further acts of family abuse against afamily or household member by the respondent or (ii) finds that reasonablegrounds exist to believe that the respondent has committed family abuse andthere is probable danger of a further such offense against a family orhousehold member by the respondent, the judge or magistrate shall issue an exparte emergency protective order, except if the respondent is a minor, anemergency protective order shall not be required, imposing one or more of thefollowing conditions on the respondent:
1. Prohibiting acts of family abuse;
2. Prohibiting such contacts by the respondent with family or householdmembers of the respondent as the judge or magistrate deems necessary toprotect the safety of such persons; and
3. Granting the family or household member possession of the premisesoccupied by the parties to the exclusion of the respondent; however, no suchgrant of possession shall affect title to any real or personal property.
When the judge or magistrate considers the issuance of an emergencyprotective order pursuant to clause (i) of this subsection, he shall presumethat there is probable danger of further acts of family abuse against afamily or household member by the respondent unless the presumption isrebutted by the allegedly abused person.
C. An emergency protective order issued pursuant to this section shall expireat 11:59 p.m. on the third day following issuance. If the expiration occurson a day that the court is not in session, the emergency protective ordershall be extended until 11:59 p.m. on the next day that the juvenile anddomestic relations district court is in session. When issuing an emergencyprotective order under this section, the judge or magistrate shall providethe protected person or the law-enforcement officer seeking the emergencyprotective order with the form for use in filing petitions pursuant to §16.1-253.1 and written information regarding protective orders that shallinclude the telephone numbers of domestic violence agencies and legalreferral sources on a form prepared by the Supreme Court. If these forms areprovided to a law-enforcement officer, the officer may provide these forms tothe protected person when giving the emergency protective order to theprotected person. The respondent may at any time file a motion with the courtrequesting a hearing to dissolve or modify the order issued hereunder. Thehearing on the motion shall be given precedence on the docket of the court.
D. A law-enforcement officer may request an emergency protective orderpursuant to this section and, if the person in need of protection isphysically or mentally incapable of filing a petition pursuant to §16.1-253.1 or § 16.1-279.1, may request the extension of an emergencyprotective order for an additional period of time not to exceed three daysafter expiration of the original order. The request for an emergencyprotective order or extension of an order may be made orally, in person or byelectronic means, and the judge of a circuit court, general district court,or juvenile and domestic relations district court or a magistrate may issuean oral emergency protective order. An oral emergency protective order issuedpursuant to this section shall be reduced to writing, by the law-enforcementofficer requesting the order or the magistrate on a preprinted form approvedand provided by the Supreme Court of Virginia. The completed form shallinclude a statement of the grounds for the order asserted by the officer orthe allegedly abused person.
E. The court or magistrate shall forthwith, but in all cases no later thanthe end of the business day on which the order was issued, enter and transferelectronically to the Virginia Criminal Information Network the respondent'sidentifying information and the name, date of birth, sex, and race of eachprotected person provided to the court or magistrate. A copy of an emergencyprotective order issued pursuant to this section containing any suchidentifying information shall be forwarded forthwith to the primarylaw-enforcement agency responsible for service and entry of protectiveorders. Upon receipt of the order by the primary law-enforcement agency, theagency shall forthwith verify and enter any modification as necessary to theidentifying information and other appropriate information required by theDepartment of State Police into the Virginia Criminal Information Networkestablished and maintained by the Department pursuant to Chapter 2 (§ 52-12et seq.) of Title 52 and the order shall be served forthwith upon therespondent and due return made to the court. However, if the order is issuedby the circuit court, the clerk of the circuit court shall forthwith forwardan attested 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 Network established and maintained bythe Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and theorder shall be served forthwith on the respondent. Upon service, the agencymaking service shall enter the date and time of service and other appropriateinformation required by the Department of State Police into the VirginiaCriminal Information Network and make due return to the court. One copy ofthe order shall be given to the allegedly abused person when it is issued,and one copy shall be filed with the written report required by § 19.2-81.3C. The judge or magistrate who issues an oral order pursuant to an electronicrequest by a law-enforcement officer shall verify the written order todetermine whether the officer who reduced it to writing accuratelytranscribed the contents of the oral order. The original copy shall be filedwith the clerk of the juvenile and domestic relations district court withinfive business days of the issuance of the order. If the order is laterdissolved or modified, a copy of the dissolution or modification order shallalso be attested, forwarded forthwith to the primary law-enforcement agencyresponsible for service and entry of protective orders, and upon receipt ofthe order by the primary law-enforcement agency, the agency shall forthwithverify and enter any modification as necessary to the identifying informationand other appropriate information required by the Department of State Policeinto the Virginia Criminal Information Network as described above and theorder shall be served forthwith and due return made to the court. Uponrequest, the clerk shall provide the allegedly abused person with informationregarding the date and time of service.
F. The availability of an emergency protective order shall not be affected bythe fact that the family or household member left the premises to avoid thedanger of family abuse by the respondent.
G. The issuance of an emergency protective order shall not be consideredevidence of any wrongdoing by the respondent.
H. As used in this section, a "law-enforcement officer" means any (i)full-time or part-time employee of a police department or sheriff's officewhich is part of or administered by the Commonwealth or any politicalsubdivision thereof and who is responsible for the prevention and detectionof crime and the enforcement of the penal, traffic or highway laws of theCommonwealth and (ii) member of an auxiliary police force establishedpursuant to subsection B of § 15.2-1731. Part-time employees are compensatedofficers who are not full-time employees as defined by the employing policedepartment or sheriff's office.
I. 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.
J. As used in this section, "copy" includes a facsimile copy.
K. No fee shall be charged for filing or serving any petition or orderpursuant to this section.
(1991, c. 715; 1992, c. 742; 1994, c. 907; 1996, c. 866; 1997, c. 603; 1998,cc. 677, 684; 1999, c. 807; 2001, c. 474; 2002, cc. 508, 706, 810, 818; 2007,cc. 396, 661; 2008, cc. 73, 246; 2009, c. 732.)
§ 16.1-253.4. Emergency protective orders authorized in certain cases;penalty.
A. Any judge of a circuit court, general district court, juvenile anddomestic relations district court or magistrate may issue a written or oralex parte emergency protective order pursuant to this section in order toprotect the health or safety of any person.
B. When a law-enforcement officer or an allegedly abused person asserts underoath to a judge or magistrate, and on that assertion or other evidence thejudge or magistrate (i) finds that a warrant for a violation of § 18.2-57.2has been issued or issues a warrant for violation of § 18.2-57.2 and findsthat there is probable danger of further acts of family abuse against afamily or household member by the respondent or (ii) finds that reasonablegrounds exist to believe that the respondent has committed family abuse andthere is probable danger of a further such offense against a family orhousehold member by the respondent, the judge or magistrate shall issue an exparte emergency protective order, except if the respondent is a minor, anemergency protective order shall not be required, imposing one or more of thefollowing conditions on the respondent:
1. Prohibiting acts of family abuse;
2. Prohibiting such contacts by the respondent with family or householdmembers of the respondent as the judge or magistrate deems necessary toprotect the safety of such persons; and
3. Granting the family or household member possession of the premisesoccupied by the parties to the exclusion of the respondent; however, no suchgrant of possession shall affect title to any real or personal property.
When the judge or magistrate considers the issuance of an emergencyprotective order pursuant to clause (i) of this subsection, he shall presumethat there is probable danger of further acts of family abuse against afamily or household member by the respondent unless the presumption isrebutted by the allegedly abused person.
C. An emergency protective order issued pursuant to this section shall expireat 11:59 p.m. on the third day following issuance. If the expiration occurson a day that the court is not in session, the emergency protective ordershall be extended until 11:59 p.m. on the next day that the juvenile anddomestic relations district court is in session. When issuing an emergencyprotective order under this section, the judge or magistrate shall providethe protected person or the law-enforcement officer seeking the emergencyprotective order with the form for use in filing petitions pursuant to §16.1-253.1 and written information regarding protective orders that shallinclude the telephone numbers of domestic violence agencies and legalreferral sources on a form prepared by the Supreme Court. If these forms areprovided to a law-enforcement officer, the officer may provide these forms tothe protected person when giving the emergency protective order to theprotected person. The respondent may at any time file a motion with the courtrequesting a hearing to dissolve or modify the order issued hereunder. Thehearing on the motion shall be given precedence on the docket of the court.
D. A law-enforcement officer may request an emergency protective orderpursuant to this section and, if the person in need of protection isphysically or mentally incapable of filing a petition pursuant to §16.1-253.1 or § 16.1-279.1, may request the extension of an emergencyprotective order for an additional period of time not to exceed three daysafter expiration of the original order. The request for an emergencyprotective order or extension of an order may be made orally, in person or byelectronic means, and the judge of a circuit court, general district court,or juvenile and domestic relations district court or a magistrate may issuean oral emergency protective order. An oral emergency protective order issuedpursuant to this section shall be reduced to writing, by the law-enforcementofficer requesting the order or the magistrate on a preprinted form approvedand provided by the Supreme Court of Virginia. The completed form shallinclude a statement of the grounds for the order asserted by the officer orthe allegedly abused person.
E. The court or magistrate shall forthwith, but in all cases no later thanthe end of the business day on which the order was issued, enter and transferelectronically to the Virginia Criminal Information Network the respondent'sidentifying information and the name, date of birth, sex, and race of eachprotected person provided to the court or magistrate. A copy of an emergencyprotective order issued pursuant to this section containing any suchidentifying information shall be forwarded forthwith to the primarylaw-enforcement agency responsible for service and entry of protectiveorders. Upon receipt of the order by the primary law-enforcement agency, theagency shall forthwith verify and enter any modification as necessary to theidentifying information and other appropriate information required by theDepartment of State Police into the Virginia Criminal Information Networkestablished and maintained by the Department pursuant to Chapter 2 (§ 52-12et seq.) of Title 52 and the order shall be served forthwith upon therespondent and due return made to the court. However, if the order is issuedby the circuit court, the clerk of the circuit court shall forthwith forwardan attested 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 Network established and maintained bythe Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and theorder shall be served forthwith on the respondent. Upon service, the agencymaking service shall enter the date and time of service and other appropriateinformation required by the Department of State Police into the VirginiaCriminal Information Network and make due return to the court. One copy ofthe order shall be given to the allegedly abused person when it is issued,and one copy shall be filed with the written report required by § 19.2-81.3C. The judge or magistrate who issues an oral order pursuant to an electronicrequest by a law-enforcement officer shall verify the written order todetermine whether the officer who reduced it to writing accuratelytranscribed the contents of the oral order. The original copy shall be filedwith the clerk of the juvenile and domestic relations district court withinfive business days of the issuance of the order. If the order is laterdissolved or modified, a copy of the dissolution or modification order shallalso be attested, forwarded forthwith to the primary law-enforcement agencyresponsible for service and entry of protective orders, and upon receipt ofthe order by the primary law-enforcement agency, the agency shall forthwithverify and enter any modification as necessary to the identifying informationand other appropriate information required by the Department of State Policeinto the Virginia Criminal Information Network as described above and theorder shall be served forthwith and due return made to the court. Uponrequest, the clerk shall provide the allegedly abused person with informationregarding the date and time of service.
F. The availability of an emergency protective order shall not be affected bythe fact that the family or household member left the premises to avoid thedanger of family abuse by the respondent.
G. The issuance of an emergency protective order shall not be consideredevidence of any wrongdoing by the respondent.
H. As used in this section, a "law-enforcement officer" means any (i)full-time or part-time employee of a police department or sheriff's officewhich is part of or administered by the Commonwealth or any politicalsubdivision thereof and who is responsible for the prevention and detectionof crime and the enforcement of the penal, traffic or highway laws of theCommonwealth and (ii) member of an auxiliary police force establishedpursuant to subsection B of § 15.2-1731. Part-time employees are compensatedofficers who are not full-time employees as defined by the employing policedepartment or sheriff's office.
I. 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.
J. As used in this section, "copy" includes a facsimile copy.
K. No fee shall be charged for filing or serving any petition or orderpursuant to this section.
(1991, c. 715; 1992, c. 742; 1994, c. 907; 1996, c. 866; 1997, c. 603; 1998,cc. 677, 684; 1999, c. 807; 2001, c. 474; 2002, cc. 508, 706, 810, 818; 2007,cc. 396, 661; 2008, cc. 73, 246; 2009, c. 732.)
§ 16.1-253.4. Emergency protective orders authorized in certain cases;penalty.
A. Any judge of a circuit court, general district court, juvenile anddomestic relations district court or magistrate may issue a written or oralex parte emergency protective order pursuant to this section in order toprotect the health or safety of any person.
B. When a law-enforcement officer or an allegedly abused person asserts underoath to a judge or magistrate, and on that assertion or other evidence thejudge or magistrate (i) finds that a warrant for a violation of § 18.2-57.2has been issued or issues a warrant for violation of § 18.2-57.2 and findsthat there is probable danger of further acts of family abuse against afamily or household member by the respondent or (ii) finds that reasonablegrounds exist to believe that the respondent has committed family abuse andthere is probable danger of a further such offense against a family orhousehold member by the respondent, the judge or magistrate shall issue an exparte emergency protective order, except if the respondent is a minor, anemergency protective order shall not be required, imposing one or more of thefollowing conditions on the respondent:
1. Prohibiting acts of family abuse;
2. Prohibiting such contacts by the respondent with family or householdmembers of the respondent as the judge or magistrate deems necessary toprotect the safety of such persons; and
3. Granting the family or household member possession of the premisesoccupied by the parties to the exclusion of the respondent; however, no suchgrant of possession shall affect title to any real or personal property.
When the judge or magistrate considers the issuance of an emergencyprotective order pursuant to clause (i) of this subsection, he shall presumethat there is probable danger of further acts of family abuse against afamily or household member by the respondent unless the presumption isrebutted by the allegedly abused person.
C. An emergency protective order issued pursuant to this section shall expireat 11:59 p.m. on the third day following issuance. If the expiration occurson a day that the court is not in session, the emergency protective ordershall be extended until 11:59 p.m. on the next day that the juvenile anddomestic relations district court is in session. When issuing an emergencyprotective order under this section, the judge or magistrate shall providethe protected person or the law-enforcement officer seeking the emergencyprotective order with the form for use in filing petitions pursuant to §16.1-253.1 and written information regarding protective orders that shallinclude the telephone numbers of domestic violence agencies and legalreferral sources on a form prepared by the Supreme Court. If these forms areprovided to a law-enforcement officer, the officer may provide these forms tothe protected person when giving the emergency protective order to theprotected person. The respondent may at any time file a motion with the courtrequesting a hearing to dissolve or modify the order issued hereunder. Thehearing on the motion shall be given precedence on the docket of the court.
D. A law-enforcement officer may request an emergency protective orderpursuant to this section and, if the person in need of protection isphysically or mentally incapable of filing a petition pursuant to §16.1-253.1 or § 16.1-279.1, may request the extension of an emergencyprotective order for an additional period of time not to exceed three daysafter expiration of the original order. The request for an emergencyprotective order or extension of an order may be made orally, in person or byelectronic means, and the judge of a circuit court, general district court,or juvenile and domestic relations district court or a magistrate may issuean oral emergency protective order. An oral emergency protective order issuedpursuant to this section shall be reduced to writing, by the law-enforcementofficer requesting the order or the magistrate on a preprinted form approvedand provided by the Supreme Court of Virginia. The completed form shallinclude a statement of the grounds for the order asserted by the officer orthe allegedly abused person.
E. The court or magistrate shall forthwith, but in all cases no later thanthe end of the business day on which the order was issued, enter and transferelectronically to the Virginia Criminal Information Network the respondent'sidentifying information and the name, date of birth, sex, and race of eachprotected person provided to the court or magistrate. A copy of an emergencyprotective order issued pursuant to this section containing any suchidentifying information shall be forwarded forthwith to the primarylaw-enforcement agency responsible for service and entry of protectiveorders. Upon receipt of the order by the primary law-enforcement agency, theagency shall forthwith verify and enter any modification as necessary to theidentifying information and other appropriate information required by theDepartment of State Police into the Virginia Criminal Information Networkestablished and maintained by the Department pursuant to Chapter 2 (§ 52-12et seq.) of Title 52 and the order shall be served forthwith upon therespondent and due return made to the court. However, if the order is issuedby the circuit court, the clerk of the circuit court shall forthwith forwardan attested 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 Network established and maintained bythe Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and theorder shall be served forthwith on the respondent. Upon service, the agencymaking service shall enter the date and time of service and other appropriateinformation required by the Department of State Police into the VirginiaCriminal Information Network and make due return to the court. One copy ofthe order shall be given to the allegedly abused person when it is issued,and one copy shall be filed with the written report required by § 19.2-81.3C. The judge or magistrate who issues an oral order pursuant to an electronicrequest by a law-enforcement officer shall verify the written order todetermine whether the officer who reduced it to writing accuratelytranscribed the contents of the oral order. The original copy shall be filedwith the clerk of the juvenile and domestic relations district court withinfive business days of the issuance of the order. If the order is laterdissolved or modified, a copy of the dissolution or modification order shallalso be attested, forwarded forthwith to the primary law-enforcement agencyresponsible for service and entry of protective orders, and upon receipt ofthe order by the primary law-enforcement agency, the agency shall forthwithverify and enter any modification as necessary to the identifying informationand other appropriate information required by the Department of State Policeinto the Virginia Criminal Information Network as described above and theorder shall be served forthwith and due return made to the court. Uponrequest, the clerk shall provide the allegedly abused person with informationregarding the date and time of service.
F. The availability of an emergency protective order shall not be affected bythe fact that the family or household member left the premises to avoid thedanger of family abuse by the respondent.
G. The issuance of an emergency protective order shall not be consideredevidence of any wrongdoing by the respondent.
H. As used in this section, a "law-enforcement officer" means any (i)full-time or part-time employee of a police department or sheriff's officewhich is part of or administered by the Commonwealth or any politicalsubdivision thereof and who is responsible for the prevention and detectionof crime and the enforcement of the penal, traffic or highway laws of theCommonwealth and (ii) member of an auxiliary police force establishedpursuant to subsection B of § 15.2-1731. Part-time employees are compensatedofficers who are not full-time employees as defined by the employing policedepartment or sheriff's office.
I. 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.
J. As used in this section, "copy" includes a facsimile copy.
K. No fee shall be charged for filing or serving any petition or orderpursuant to this section.
(1991, c. 715; 1992, c. 742; 1994, c. 907; 1996, c. 866; 1997, c. 603; 1998,cc. 677, 684; 1999, c. 807; 2001, c. 474; 2002, cc. 508, 706, 810, 818; 2007,cc. 396, 661; 2008, cc. 73, 246; 2009, c. 732.)
