§ 16.1-279.1. Protective order in cases of family abuse.
A. In cases of family abuse, including any case involving an incarcerated orrecently incarcerated respondent against whom a preliminary protective orderhas been issued pursuant to § 16.1-253.1, the court may issue a protectiveorder to protect the health and safety of the petitioner and family orhousehold members of the petitioner. A protective order issued under thissection may include any one or more of the following conditions to be imposedon the respondent:
1. Prohibiting acts of family abuse;
2. Prohibiting such contacts by the respondent with the petitioner or familyor household members of the petitioner as the court deems necessary for thehealth or safety of such persons;
3. Granting the petitioner possession of the residence occupied by theparties to the exclusion of the respondent; however, no such grant ofpossession shall affect title to any real or personal property;
4. Enjoining the respondent from terminating any necessary utility service tothe residence to which the petitioner was granted possession pursuant tosubdivision 3 or, where appropriate, ordering the respondent to restoreutility services to that residence;
5. 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 respondent; however, no such grant of possession or useshall affect title to the vehicle;
6. Requiring that the respondent provide suitable alternative housing for thepetitioner and, if appropriate, any other family or household member andwhere appropriate, requiring the respondent to pay deposits to connect orrestore necessary utility services in the alternative housing provided;
7. Ordering the respondent to participate in treatment, counseling or otherprograms as the court deems appropriate; and
8. Any other relief necessary for the protection of the petitioner and familyor household members of the petitioner, including a provision for temporarycustody or visitation of a minor child.
A1. If a protective order is issued pursuant to subsection A of this section,the court may also issue a temporary child support order for the support ofany children of the petitioner whom the respondent has a legal obligation tosupport. Such order shall terminate upon the determination of supportpursuant to § 20-108.1.
B. The protective order may be issued for a specified period of time up to amaximum of two years. The protective order shall expire at 11:59 p.m. on thelast day specified or at 11:59 p.m. on the last day of the two-year period ifno date is specified. Prior to the expiration of the protective order, apetitioner may file a written motion requesting a hearing to extend theorder. Proceedings to extend a protective order shall be given precedence onthe docket of the court. If the petitioner was a member of the respondent'sfamily or household at the time the initial protective order was issued, thecourt may extend the protective order for a period not longer than two yearsto protect the health and safety of the petitioner or persons who are familyor household members of the petitioner at the time the request for anextension is made. The extension of the protective order shall expire at11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of thetwo-year period if no date is specified. Nothing herein shall limit thenumber of extensions that may be requested or issued.
C. A copy of the protective order shall be served on the respondent andprovided to the petitioner as soon as possible. The court shall forthwith,but in all cases no later than the end of the business day on which the orderwas issued, enter and transfer electronically to the Virginia CriminalInformation Network the respondent's identifying information and the name,date of birth, sex, and race of each protected person provided to the courtand shall forthwith forward the attested copy of the protective ordercontaining any such identifying information to the primary law-enforcementagency responsible for service and entry of protective orders. Upon receiptof the order by the primary law-enforcement agency, the agency shallforthwith verify and enter any modification as necessary to the identifyinginformation 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 upon the respondent and due returnmade to the court. However, if the order is issued by the circuit court, theclerk of the circuit court shall forthwith forward an attested copy of theorder containing the respondent's identifying information and the name, dateof birth, sex, and race of each protected person provided to the court to theprimary law-enforcement agency providing service and entry of protectiveorders and upon receipt of the order, the primary law-enforcement agencyshall enter the name of the person subject to the order and other appropriateinformation required by the Department of State Police into the VirginiaCriminal Information Network established and maintained by the Departmentpursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall beserved forthwith upon the respondent. 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. 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.
D. Except as otherwise provided in § 16.1-253.2, a violation of a protectiveorder issued under this section shall constitute contempt of court.
E. The court may assess costs and attorneys' fees against either partyregardless of whether an order of protection has been issued as a result of afull hearing.
F. Any judgment, order or decree, whether permanent or temporary, issued by acourt of appropriate jurisdiction in another state, the United States or anyof its territories, possessions or Commonwealths, the District of Columbia orby any tribal court of appropriate jurisdiction for the purpose of preventingviolent or threatening acts or harassment against or contact or communicationwith or physical proximity to another person, including any of the conditionsspecified in subsection A, shall be accorded full faith and credit andenforced in the Commonwealth as if it were an order of the Commonwealth,provided reasonable notice and opportunity to be heard were given by theissuing jurisdiction to the person against whom the order is sought to beenforced sufficient to protect such person's due process rights andconsistent with federal law. A person entitled to protection under such aforeign order may file the order in any juvenile and domestic relationsdistrict court by filing with the court an attested or exemplified copy ofthe order. Upon such a filing, the clerk shall forthwith forward an attestedcopy of the order to the primary law-enforcement agency responsible forservice and entry of protective orders which shall, upon receipt, enter thename of the person subject to the order 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. Where practical, the court maytransfer information electronically to the Virginia Criminal InformationNetwork.
Upon inquiry by any law-enforcement agency of the Commonwealth, the clerkshall make a copy available of any foreign order filed with that court. Alaw-enforcement officer may, in the performance of his duties, rely upon acopy of a foreign protective order or other suitable evidence which has beenprovided to him by any source and may also rely upon the statement of anyperson protected by the order that the order remains in effect.
G. Either party may at any time file a written motion with the courtrequesting a hearing to dissolve or modify the order. Proceedings to dissolveor modify a protective order shall be given precedence on the docket of thecourt.
H. As used in this section:
"Copy" includes a facsimile copy; and
"Protective order" includes an initial, modified or extended protectiveorder.
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. No fee shall be charged for filing or serving any petition or orderpursuant to this section.
(1984, c. 631; 1987, c. 497; 1992, c. 886; 1994, cc. 360, 521, 739, 907;1996, cc. 866, 900, 945; 1997, c. 603; 1998, c. 684; 2000, cc. 34, 654; 2002,cc. 508, 810, 818; 2004, cc. 972, 980; 2006, c. 308; 2008, cc. 73, 246; 2009,cc. 343, 732; 2010, cc. 425, 468.)
§ 16.1-279.1. Protective order in cases of family abuse.
A. In cases of family abuse, including any case involving an incarcerated orrecently incarcerated respondent against whom a preliminary protective orderhas been issued pursuant to § 16.1-253.1, the court may issue a protectiveorder to protect the health and safety of the petitioner and family orhousehold members of the petitioner. A protective order issued under thissection may include any one or more of the following conditions to be imposedon the respondent:
1. Prohibiting acts of family abuse;
2. Prohibiting such contacts by the respondent with the petitioner or familyor household members of the petitioner as the court deems necessary for thehealth or safety of such persons;
3. Granting the petitioner possession of the residence occupied by theparties to the exclusion of the respondent; however, no such grant ofpossession shall affect title to any real or personal property;
4. Enjoining the respondent from terminating any necessary utility service tothe residence to which the petitioner was granted possession pursuant tosubdivision 3 or, where appropriate, ordering the respondent to restoreutility services to that residence;
5. 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 respondent; however, no such grant of possession or useshall affect title to the vehicle;
6. Requiring that the respondent provide suitable alternative housing for thepetitioner and, if appropriate, any other family or household member andwhere appropriate, requiring the respondent to pay deposits to connect orrestore necessary utility services in the alternative housing provided;
7. Ordering the respondent to participate in treatment, counseling or otherprograms as the court deems appropriate; and
8. Any other relief necessary for the protection of the petitioner and familyor household members of the petitioner, including a provision for temporarycustody or visitation of a minor child.
A1. If a protective order is issued pursuant to subsection A of this section,the court may also issue a temporary child support order for the support ofany children of the petitioner whom the respondent has a legal obligation tosupport. Such order shall terminate upon the determination of supportpursuant to § 20-108.1.
B. The protective order may be issued for a specified period of time up to amaximum of two years. The protective order shall expire at 11:59 p.m. on thelast day specified or at 11:59 p.m. on the last day of the two-year period ifno date is specified. Prior to the expiration of the protective order, apetitioner may file a written motion requesting a hearing to extend theorder. Proceedings to extend a protective order shall be given precedence onthe docket of the court. If the petitioner was a member of the respondent'sfamily or household at the time the initial protective order was issued, thecourt may extend the protective order for a period not longer than two yearsto protect the health and safety of the petitioner or persons who are familyor household members of the petitioner at the time the request for anextension is made. The extension of the protective order shall expire at11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of thetwo-year period if no date is specified. Nothing herein shall limit thenumber of extensions that may be requested or issued.
C. A copy of the protective order shall be served on the respondent andprovided to the petitioner as soon as possible. The court shall forthwith,but in all cases no later than the end of the business day on which the orderwas issued, enter and transfer electronically to the Virginia CriminalInformation Network the respondent's identifying information and the name,date of birth, sex, and race of each protected person provided to the courtand shall forthwith forward the attested copy of the protective ordercontaining any such identifying information to the primary law-enforcementagency responsible for service and entry of protective orders. Upon receiptof the order by the primary law-enforcement agency, the agency shallforthwith verify and enter any modification as necessary to the identifyinginformation 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 upon the respondent and due returnmade to the court. However, if the order is issued by the circuit court, theclerk of the circuit court shall forthwith forward an attested copy of theorder containing the respondent's identifying information and the name, dateof birth, sex, and race of each protected person provided to the court to theprimary law-enforcement agency providing service and entry of protectiveorders and upon receipt of the order, the primary law-enforcement agencyshall enter the name of the person subject to the order and other appropriateinformation required by the Department of State Police into the VirginiaCriminal Information Network established and maintained by the Departmentpursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall beserved forthwith upon the respondent. 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. 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.
D. Except as otherwise provided in § 16.1-253.2, a violation of a protectiveorder issued under this section shall constitute contempt of court.
E. The court may assess costs and attorneys' fees against either partyregardless of whether an order of protection has been issued as a result of afull hearing.
F. Any judgment, order or decree, whether permanent or temporary, issued by acourt of appropriate jurisdiction in another state, the United States or anyof its territories, possessions or Commonwealths, the District of Columbia orby any tribal court of appropriate jurisdiction for the purpose of preventingviolent or threatening acts or harassment against or contact or communicationwith or physical proximity to another person, including any of the conditionsspecified in subsection A, shall be accorded full faith and credit andenforced in the Commonwealth as if it were an order of the Commonwealth,provided reasonable notice and opportunity to be heard were given by theissuing jurisdiction to the person against whom the order is sought to beenforced sufficient to protect such person's due process rights andconsistent with federal law. A person entitled to protection under such aforeign order may file the order in any juvenile and domestic relationsdistrict court by filing with the court an attested or exemplified copy ofthe order. Upon such a filing, the clerk shall forthwith forward an attestedcopy of the order to the primary law-enforcement agency responsible forservice and entry of protective orders which shall, upon receipt, enter thename of the person subject to the order 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. Where practical, the court maytransfer information electronically to the Virginia Criminal InformationNetwork.
Upon inquiry by any law-enforcement agency of the Commonwealth, the clerkshall make a copy available of any foreign order filed with that court. Alaw-enforcement officer may, in the performance of his duties, rely upon acopy of a foreign protective order or other suitable evidence which has beenprovided to him by any source and may also rely upon the statement of anyperson protected by the order that the order remains in effect.
G. Either party may at any time file a written motion with the courtrequesting a hearing to dissolve or modify the order. Proceedings to dissolveor modify a protective order shall be given precedence on the docket of thecourt.
H. As used in this section:
"Copy" includes a facsimile copy; and
"Protective order" includes an initial, modified or extended protectiveorder.
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. No fee shall be charged for filing or serving any petition or orderpursuant to this section.
(1984, c. 631; 1987, c. 497; 1992, c. 886; 1994, cc. 360, 521, 739, 907;1996, cc. 866, 900, 945; 1997, c. 603; 1998, c. 684; 2000, cc. 34, 654; 2002,cc. 508, 810, 818; 2004, cc. 972, 980; 2006, c. 308; 2008, cc. 73, 246; 2009,cc. 343, 732; 2010, cc. 425, 468.)
§ 16.1-279.1. Protective order in cases of family abuse.
A. In cases of family abuse, including any case involving an incarcerated orrecently incarcerated respondent against whom a preliminary protective orderhas been issued pursuant to § 16.1-253.1, the court may issue a protectiveorder to protect the health and safety of the petitioner and family orhousehold members of the petitioner. A protective order issued under thissection may include any one or more of the following conditions to be imposedon the respondent:
1. Prohibiting acts of family abuse;
2. Prohibiting such contacts by the respondent with the petitioner or familyor household members of the petitioner as the court deems necessary for thehealth or safety of such persons;
3. Granting the petitioner possession of the residence occupied by theparties to the exclusion of the respondent; however, no such grant ofpossession shall affect title to any real or personal property;
4. Enjoining the respondent from terminating any necessary utility service tothe residence to which the petitioner was granted possession pursuant tosubdivision 3 or, where appropriate, ordering the respondent to restoreutility services to that residence;
5. 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 respondent; however, no such grant of possession or useshall affect title to the vehicle;
6. Requiring that the respondent provide suitable alternative housing for thepetitioner and, if appropriate, any other family or household member andwhere appropriate, requiring the respondent to pay deposits to connect orrestore necessary utility services in the alternative housing provided;
7. Ordering the respondent to participate in treatment, counseling or otherprograms as the court deems appropriate; and
8. Any other relief necessary for the protection of the petitioner and familyor household members of the petitioner, including a provision for temporarycustody or visitation of a minor child.
A1. If a protective order is issued pursuant to subsection A of this section,the court may also issue a temporary child support order for the support ofany children of the petitioner whom the respondent has a legal obligation tosupport. Such order shall terminate upon the determination of supportpursuant to § 20-108.1.
B. The protective order may be issued for a specified period of time up to amaximum of two years. The protective order shall expire at 11:59 p.m. on thelast day specified or at 11:59 p.m. on the last day of the two-year period ifno date is specified. Prior to the expiration of the protective order, apetitioner may file a written motion requesting a hearing to extend theorder. Proceedings to extend a protective order shall be given precedence onthe docket of the court. If the petitioner was a member of the respondent'sfamily or household at the time the initial protective order was issued, thecourt may extend the protective order for a period not longer than two yearsto protect the health and safety of the petitioner or persons who are familyor household members of the petitioner at the time the request for anextension is made. The extension of the protective order shall expire at11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of thetwo-year period if no date is specified. Nothing herein shall limit thenumber of extensions that may be requested or issued.
C. A copy of the protective order shall be served on the respondent andprovided to the petitioner as soon as possible. The court shall forthwith,but in all cases no later than the end of the business day on which the orderwas issued, enter and transfer electronically to the Virginia CriminalInformation Network the respondent's identifying information and the name,date of birth, sex, and race of each protected person provided to the courtand shall forthwith forward the attested copy of the protective ordercontaining any such identifying information to the primary law-enforcementagency responsible for service and entry of protective orders. Upon receiptof the order by the primary law-enforcement agency, the agency shallforthwith verify and enter any modification as necessary to the identifyinginformation 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 upon the respondent and due returnmade to the court. However, if the order is issued by the circuit court, theclerk of the circuit court shall forthwith forward an attested copy of theorder containing the respondent's identifying information and the name, dateof birth, sex, and race of each protected person provided to the court to theprimary law-enforcement agency providing service and entry of protectiveorders and upon receipt of the order, the primary law-enforcement agencyshall enter the name of the person subject to the order and other appropriateinformation required by the Department of State Police into the VirginiaCriminal Information Network established and maintained by the Departmentpursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall beserved forthwith upon the respondent. 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. 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.
D. Except as otherwise provided in § 16.1-253.2, a violation of a protectiveorder issued under this section shall constitute contempt of court.
E. The court may assess costs and attorneys' fees against either partyregardless of whether an order of protection has been issued as a result of afull hearing.
F. Any judgment, order or decree, whether permanent or temporary, issued by acourt of appropriate jurisdiction in another state, the United States or anyof its territories, possessions or Commonwealths, the District of Columbia orby any tribal court of appropriate jurisdiction for the purpose of preventingviolent or threatening acts or harassment against or contact or communicationwith or physical proximity to another person, including any of the conditionsspecified in subsection A, shall be accorded full faith and credit andenforced in the Commonwealth as if it were an order of the Commonwealth,provided reasonable notice and opportunity to be heard were given by theissuing jurisdiction to the person against whom the order is sought to beenforced sufficient to protect such person's due process rights andconsistent with federal law. A person entitled to protection under such aforeign order may file the order in any juvenile and domestic relationsdistrict court by filing with the court an attested or exemplified copy ofthe order. Upon such a filing, the clerk shall forthwith forward an attestedcopy of the order to the primary law-enforcement agency responsible forservice and entry of protective orders which shall, upon receipt, enter thename of the person subject to the order 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. Where practical, the court maytransfer information electronically to the Virginia Criminal InformationNetwork.
Upon inquiry by any law-enforcement agency of the Commonwealth, the clerkshall make a copy available of any foreign order filed with that court. Alaw-enforcement officer may, in the performance of his duties, rely upon acopy of a foreign protective order or other suitable evidence which has beenprovided to him by any source and may also rely upon the statement of anyperson protected by the order that the order remains in effect.
G. Either party may at any time file a written motion with the courtrequesting a hearing to dissolve or modify the order. Proceedings to dissolveor modify a protective order shall be given precedence on the docket of thecourt.
H. As used in this section:
"Copy" includes a facsimile copy; and
"Protective order" includes an initial, modified or extended protectiveorder.
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. No fee shall be charged for filing or serving any petition or orderpursuant to this section.
(1984, c. 631; 1987, c. 497; 1992, c. 886; 1994, cc. 360, 521, 739, 907;1996, cc. 866, 900, 945; 1997, c. 603; 1998, c. 684; 2000, cc. 34, 654; 2002,cc. 508, 810, 818; 2004, cc. 972, 980; 2006, c. 308; 2008, cc. 73, 246; 2009,cc. 343, 732; 2010, cc. 425, 468.)
