§ 19.2-152.10. Protective order in cases of stalking, sexual battery and actsof violence.
A. The court may issue a protective order pursuant to this chapter to protectthe health and safety of the petitioner and family or household members of apetitioner upon (i) the issuance of a warrant for sexual battery in violationof § 18.2-67.4, aggravated sexual battery in violation of § 18.2-67.3, acriminal offense resulting in a serious bodily injury to the petitioner, or aviolation of § 18.2-60.3, (ii) a hearing held pursuant to subsection D of §19.2-152.9, or (iii) a conviction for sexual battery in violation of §18.2-67.4, aggravated sexual battery in violation of § 18.2-67.3, a criminaloffense resulting in a serious bodily injury to the petitioner, or aviolation of § 18.2-60.3. A protective order issued under this section mayinclude any one or more of the following conditions to be imposed on therespondent:
1. Prohibiting criminal offenses that may result in injury to person orproperty, acts of sexual battery, or acts of stalking in violation of §18.2-60.3;
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; and
3. Any other relief necessary to prevent criminal offenses that may result ininjury to person or property, acts of sexual battery, or acts of stalking,communication or other contact of any kind by the respondent.
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. The court may extend the protective order for aperiod not longer than two years to protect the health and safety of thepetitioner or persons who are family or household members of the petitionerat the time the request for an extension is made. The extension of theprotective order shall expire at 11:59 p.m. on the last day specified or at11:59 p.m. on the last day of the two-year period if no date is specified.Nothing herein shall limit the number of extensions that may be requested orissued.
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 order andcontaining 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 on the respondent. Upon service, the agency making serviceshall enter the date and time of service and other appropriate informationrequired into the Virginia Criminal Information Network and make due returnto the court. If the order is later dissolved or modified, a copy of thedissolution or modification order shall also be attested, forwarded forthwithto the primary law-enforcement agency responsible for service and entry ofprotective orders, and upon receipt of the order by the primarylaw-enforcement agency, the agency shall forthwith verify and enter anymodification as necessary to the identifying information and otherappropriate information required by the Department of State Police into theVirginia Criminal Information Network as described above and the order shallbe served forthwith and due return made to the court.
D. Except as otherwise provided, a violation of a protective order issuedunder 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 appropriate district court by filingwith the court, an attested or exemplified copy of the order. Upon such afiling, the clerk shall forthwith forward an attested copy of the order tothe primary law-enforcement agency responsible for service and entry ofprotective orders which shall, upon receipt, enter the name of the personsubject to the order 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. Where practical, the court may transfer informationelectronically to the Virginia Criminal Information Network.
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 modifyor dissolve a protective order shall be given precedence on the docket of thecourt.
H. 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.
I. No fees shall be charged for filing or serving petitions pursuant to thissection.
J. As used in this section:
"Copy" includes a facsimile copy; and
"Protective order" includes an initial, modified or extended protectiveorder.
(1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2002, cc. 507, 810, 818;2003, c. 730; 2008, cc. 73, 246; 2009, cc. 341, 732; 2010, cc. 425, 468.)
§ 19.2-152.10. Protective order in cases of stalking, sexual battery and actsof violence.
A. The court may issue a protective order pursuant to this chapter to protectthe health and safety of the petitioner and family or household members of apetitioner upon (i) the issuance of a warrant for sexual battery in violationof § 18.2-67.4, aggravated sexual battery in violation of § 18.2-67.3, acriminal offense resulting in a serious bodily injury to the petitioner, or aviolation of § 18.2-60.3, (ii) a hearing held pursuant to subsection D of §19.2-152.9, or (iii) a conviction for sexual battery in violation of §18.2-67.4, aggravated sexual battery in violation of § 18.2-67.3, a criminaloffense resulting in a serious bodily injury to the petitioner, or aviolation of § 18.2-60.3. A protective order issued under this section mayinclude any one or more of the following conditions to be imposed on therespondent:
1. Prohibiting criminal offenses that may result in injury to person orproperty, acts of sexual battery, or acts of stalking in violation of §18.2-60.3;
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; and
3. Any other relief necessary to prevent criminal offenses that may result ininjury to person or property, acts of sexual battery, or acts of stalking,communication or other contact of any kind by the respondent.
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. The court may extend the protective order for aperiod not longer than two years to protect the health and safety of thepetitioner or persons who are family or household members of the petitionerat the time the request for an extension is made. The extension of theprotective order shall expire at 11:59 p.m. on the last day specified or at11:59 p.m. on the last day of the two-year period if no date is specified.Nothing herein shall limit the number of extensions that may be requested orissued.
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 order andcontaining 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 on the respondent. Upon service, the agency making serviceshall enter the date and time of service and other appropriate informationrequired into the Virginia Criminal Information Network and make due returnto the court. If the order is later dissolved or modified, a copy of thedissolution or modification order shall also be attested, forwarded forthwithto the primary law-enforcement agency responsible for service and entry ofprotective orders, and upon receipt of the order by the primarylaw-enforcement agency, the agency shall forthwith verify and enter anymodification as necessary to the identifying information and otherappropriate information required by the Department of State Police into theVirginia Criminal Information Network as described above and the order shallbe served forthwith and due return made to the court.
D. Except as otherwise provided, a violation of a protective order issuedunder 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 appropriate district court by filingwith the court, an attested or exemplified copy of the order. Upon such afiling, the clerk shall forthwith forward an attested copy of the order tothe primary law-enforcement agency responsible for service and entry ofprotective orders which shall, upon receipt, enter the name of the personsubject to the order 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. Where practical, the court may transfer informationelectronically to the Virginia Criminal Information Network.
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 modifyor dissolve a protective order shall be given precedence on the docket of thecourt.
H. 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.
I. No fees shall be charged for filing or serving petitions pursuant to thissection.
J. As used in this section:
"Copy" includes a facsimile copy; and
"Protective order" includes an initial, modified or extended protectiveorder.
(1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2002, cc. 507, 810, 818;2003, c. 730; 2008, cc. 73, 246; 2009, cc. 341, 732; 2010, cc. 425, 468.)
§ 19.2-152.10. Protective order in cases of stalking, sexual battery and actsof violence.
A. The court may issue a protective order pursuant to this chapter to protectthe health and safety of the petitioner and family or household members of apetitioner upon (i) the issuance of a warrant for sexual battery in violationof § 18.2-67.4, aggravated sexual battery in violation of § 18.2-67.3, acriminal offense resulting in a serious bodily injury to the petitioner, or aviolation of § 18.2-60.3, (ii) a hearing held pursuant to subsection D of §19.2-152.9, or (iii) a conviction for sexual battery in violation of §18.2-67.4, aggravated sexual battery in violation of § 18.2-67.3, a criminaloffense resulting in a serious bodily injury to the petitioner, or aviolation of § 18.2-60.3. A protective order issued under this section mayinclude any one or more of the following conditions to be imposed on therespondent:
1. Prohibiting criminal offenses that may result in injury to person orproperty, acts of sexual battery, or acts of stalking in violation of §18.2-60.3;
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; and
3. Any other relief necessary to prevent criminal offenses that may result ininjury to person or property, acts of sexual battery, or acts of stalking,communication or other contact of any kind by the respondent.
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. The court may extend the protective order for aperiod not longer than two years to protect the health and safety of thepetitioner or persons who are family or household members of the petitionerat the time the request for an extension is made. The extension of theprotective order shall expire at 11:59 p.m. on the last day specified or at11:59 p.m. on the last day of the two-year period if no date is specified.Nothing herein shall limit the number of extensions that may be requested orissued.
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 order andcontaining 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 on the respondent. Upon service, the agency making serviceshall enter the date and time of service and other appropriate informationrequired into the Virginia Criminal Information Network and make due returnto the court. If the order is later dissolved or modified, a copy of thedissolution or modification order shall also be attested, forwarded forthwithto the primary law-enforcement agency responsible for service and entry ofprotective orders, and upon receipt of the order by the primarylaw-enforcement agency, the agency shall forthwith verify and enter anymodification as necessary to the identifying information and otherappropriate information required by the Department of State Police into theVirginia Criminal Information Network as described above and the order shallbe served forthwith and due return made to the court.
D. Except as otherwise provided, a violation of a protective order issuedunder 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 appropriate district court by filingwith the court, an attested or exemplified copy of the order. Upon such afiling, the clerk shall forthwith forward an attested copy of the order tothe primary law-enforcement agency responsible for service and entry ofprotective orders which shall, upon receipt, enter the name of the personsubject to the order 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. Where practical, the court may transfer informationelectronically to the Virginia Criminal Information Network.
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 modifyor dissolve a protective order shall be given precedence on the docket of thecourt.
H. 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.
I. No fees shall be charged for filing or serving petitions pursuant to thissection.
J. As used in this section:
"Copy" includes a facsimile copy; and
"Protective order" includes an initial, modified or extended protectiveorder.
(1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2002, cc. 507, 810, 818;2003, c. 730; 2008, cc. 73, 246; 2009, cc. 341, 732; 2010, cc. 425, 468.)
