§ 19.2-152.8. Emergency protective orders authorized in cases of stalking,sexual battery, and acts of violence.
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, an allegedly stalked person or an allegedvictim of sexual battery in violation of § 18.2-67.4, aggravated sexualbattery in violation of § 18.2-67.3 or a criminal offense resulting in aserious bodily injury to the alleged victim asserts under oath to a judge ormagistrate that such person is being or has been subjected to stalking,sexual battery in violation of § 18.2-67.4, aggravated sexual battery inviolation of § 18.2-67.3, or a criminal offense resulting in a serious bodilyinjury to the alleged victim and on that assertion or other evidence thejudge or magistrate finds that (i) there is probable danger of a further suchoffense being committed by the respondent against the alleged victim and (ii)a warrant for the arrest of the respondent has been issued, the judge ormagistrate shall issue an ex parte emergency protective order imposing one ormore of the following conditions on the respondent:
1. Prohibiting acts of violence, acts of sexual battery, or acts of stalkingin violation of § 18.2-60.3;
2. Prohibiting such contacts by the respondent with the alleged victim ofsuch crime or such person's family or household members as the judge ormagistrate deems necessary to protect the safety of such persons; and
3. Such other conditions as the judge or magistrate deems necessary toprevent acts of stalking, acts of sexual battery, or criminal offensesresulting in injury to person or property, or communication or other contactof any kind by the respondent.
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 court whichissued the order is in session. The respondent may at any time file a motionwith the court requesting a hearing to dissolve or modify the order. 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 orally, in person or by electronic means, and thejudge of a circuit court, general district court, or juvenile and domesticrelations district court or a magistrate may issue an oral emergencyprotective order. An oral emergency protective order issued pursuant to thissection shall be reduced to writing, by the law-enforcement officerrequesting the order or the magistrate, on a preprinted form approved andprovided by the Supreme Court of Virginia. The completed form shall include astatement of the grounds for the order asserted by the officer or the allegedvictim of such crime.
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 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. Upon service,the agency making service shall enter the date and time of service and otherappropriate information required into the Virginia Criminal InformationNetwork and make due return to the court. One copy of the order shall begiven to the alleged victim of such crime. The judge or magistrate who issuesan oral order pursuant to an electronic request by a law-enforcement officershall verify the written order to determine whether the officer who reducedit to writing accurately transcribed the contents of the oral order. Theoriginal copy shall be filed with the clerk of the appropriate district courtwithin five 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 alleged victim of such crime withinformation regarding the date and time of service.
F. The issuance of an emergency protective order shall not be consideredevidence of any wrongdoing by the respondent.
G. As used in this section, a "law-enforcement officer" means any (i)person who is a full-time or part-time employee of a police department orsheriff's office which is part of or administered by the Commonwealth or anypolitical subdivision thereof and who is responsible for the prevention anddetection of crime and the enforcement of the penal, traffic or highway lawsof the Commonwealth 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.
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. As used in this section, "copy" includes a facsimile copy.
J. No fee shall be charged for filing or serving any petition pursuant tothis section.
(1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2001, c. 474; 2002, cc. 507,706, 810, 818; 2003, c. 730; 2008, cc. 73, 246; 2009, cc. 341, 732.)
§ 19.2-152.8. Emergency protective orders authorized in cases of stalking,sexual battery, and acts of violence.
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, an allegedly stalked person or an allegedvictim of sexual battery in violation of § 18.2-67.4, aggravated sexualbattery in violation of § 18.2-67.3 or a criminal offense resulting in aserious bodily injury to the alleged victim asserts under oath to a judge ormagistrate that such person is being or has been subjected to stalking,sexual battery in violation of § 18.2-67.4, aggravated sexual battery inviolation of § 18.2-67.3, or a criminal offense resulting in a serious bodilyinjury to the alleged victim and on that assertion or other evidence thejudge or magistrate finds that (i) there is probable danger of a further suchoffense being committed by the respondent against the alleged victim and (ii)a warrant for the arrest of the respondent has been issued, the judge ormagistrate shall issue an ex parte emergency protective order imposing one ormore of the following conditions on the respondent:
1. Prohibiting acts of violence, acts of sexual battery, or acts of stalkingin violation of § 18.2-60.3;
2. Prohibiting such contacts by the respondent with the alleged victim ofsuch crime or such person's family or household members as the judge ormagistrate deems necessary to protect the safety of such persons; and
3. Such other conditions as the judge or magistrate deems necessary toprevent acts of stalking, acts of sexual battery, or criminal offensesresulting in injury to person or property, or communication or other contactof any kind by the respondent.
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 court whichissued the order is in session. The respondent may at any time file a motionwith the court requesting a hearing to dissolve or modify the order. 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 orally, in person or by electronic means, and thejudge of a circuit court, general district court, or juvenile and domesticrelations district court or a magistrate may issue an oral emergencyprotective order. An oral emergency protective order issued pursuant to thissection shall be reduced to writing, by the law-enforcement officerrequesting the order or the magistrate, on a preprinted form approved andprovided by the Supreme Court of Virginia. The completed form shall include astatement of the grounds for the order asserted by the officer or the allegedvictim of such crime.
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 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. Upon service,the agency making service shall enter the date and time of service and otherappropriate information required into the Virginia Criminal InformationNetwork and make due return to the court. One copy of the order shall begiven to the alleged victim of such crime. The judge or magistrate who issuesan oral order pursuant to an electronic request by a law-enforcement officershall verify the written order to determine whether the officer who reducedit to writing accurately transcribed the contents of the oral order. Theoriginal copy shall be filed with the clerk of the appropriate district courtwithin five 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 alleged victim of such crime withinformation regarding the date and time of service.
F. The issuance of an emergency protective order shall not be consideredevidence of any wrongdoing by the respondent.
G. As used in this section, a "law-enforcement officer" means any (i)person who is a full-time or part-time employee of a police department orsheriff's office which is part of or administered by the Commonwealth or anypolitical subdivision thereof and who is responsible for the prevention anddetection of crime and the enforcement of the penal, traffic or highway lawsof the Commonwealth 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.
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. As used in this section, "copy" includes a facsimile copy.
J. No fee shall be charged for filing or serving any petition pursuant tothis section.
(1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2001, c. 474; 2002, cc. 507,706, 810, 818; 2003, c. 730; 2008, cc. 73, 246; 2009, cc. 341, 732.)
§ 19.2-152.8. Emergency protective orders authorized in cases of stalking,sexual battery, and acts of violence.
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, an allegedly stalked person or an allegedvictim of sexual battery in violation of § 18.2-67.4, aggravated sexualbattery in violation of § 18.2-67.3 or a criminal offense resulting in aserious bodily injury to the alleged victim asserts under oath to a judge ormagistrate that such person is being or has been subjected to stalking,sexual battery in violation of § 18.2-67.4, aggravated sexual battery inviolation of § 18.2-67.3, or a criminal offense resulting in a serious bodilyinjury to the alleged victim and on that assertion or other evidence thejudge or magistrate finds that (i) there is probable danger of a further suchoffense being committed by the respondent against the alleged victim and (ii)a warrant for the arrest of the respondent has been issued, the judge ormagistrate shall issue an ex parte emergency protective order imposing one ormore of the following conditions on the respondent:
1. Prohibiting acts of violence, acts of sexual battery, or acts of stalkingin violation of § 18.2-60.3;
2. Prohibiting such contacts by the respondent with the alleged victim ofsuch crime or such person's family or household members as the judge ormagistrate deems necessary to protect the safety of such persons; and
3. Such other conditions as the judge or magistrate deems necessary toprevent acts of stalking, acts of sexual battery, or criminal offensesresulting in injury to person or property, or communication or other contactof any kind by the respondent.
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 court whichissued the order is in session. The respondent may at any time file a motionwith the court requesting a hearing to dissolve or modify the order. 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 orally, in person or by electronic means, and thejudge of a circuit court, general district court, or juvenile and domesticrelations district court or a magistrate may issue an oral emergencyprotective order. An oral emergency protective order issued pursuant to thissection shall be reduced to writing, by the law-enforcement officerrequesting the order or the magistrate, on a preprinted form approved andprovided by the Supreme Court of Virginia. The completed form shall include astatement of the grounds for the order asserted by the officer or the allegedvictim of such crime.
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 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. Upon service,the agency making service shall enter the date and time of service and otherappropriate information required into the Virginia Criminal InformationNetwork and make due return to the court. One copy of the order shall begiven to the alleged victim of such crime. The judge or magistrate who issuesan oral order pursuant to an electronic request by a law-enforcement officershall verify the written order to determine whether the officer who reducedit to writing accurately transcribed the contents of the oral order. Theoriginal copy shall be filed with the clerk of the appropriate district courtwithin five 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 alleged victim of such crime withinformation regarding the date and time of service.
F. The issuance of an emergency protective order shall not be consideredevidence of any wrongdoing by the respondent.
G. As used in this section, a "law-enforcement officer" means any (i)person who is a full-time or part-time employee of a police department orsheriff's office which is part of or administered by the Commonwealth or anypolitical subdivision thereof and who is responsible for the prevention anddetection of crime and the enforcement of the penal, traffic or highway lawsof the Commonwealth 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.
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. As used in this section, "copy" includes a facsimile copy.
J. No fee shall be charged for filing or serving any petition pursuant tothis section.
(1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2001, c. 474; 2002, cc. 507,706, 810, 818; 2003, c. 730; 2008, cc. 73, 246; 2009, cc. 341, 732.)
