§ 19.2-152.9. Preliminary protective orders in cases of stalking, sexualbattery and acts of violence.
A. Upon the filing of a petition alleging that (i) the petitioner is or hasbeen, within a reasonable period of time, subjected to stalking, sexualbattery in violation of § 18.2-67.4, aggravated sexual battery in violationof § 18.2-67.3, or a criminal offense resulting in a serious bodily injury tothe petitioner, and (ii) a warrant has been issued for the arrest of thealleged perpetrator of such act or acts, the court may issue a preliminaryprotective order against the alleged perpetrator in order to protect thehealth and safety of the petitioner or any family or household member of thepetitioner. The order may be issued in an ex parte proceeding upon good causeshown when the petition is supported by an affidavit or sworn testimonybefore the judge or intake officer. Immediate and present danger of stalkingor another criminal offense that may result in a serious bodily injury to thepetitioner or evidence sufficient to establish probable cause that 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 petitioner has recently occurred shall constitute good cause.
A preliminary protective order may include any one or more of the followingconditions to be imposed on the respondent:
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 other contacts by the respondent with the petitioner orthe petitioner's family or household members as the court deems necessary forthe health and safety of such persons; and
3. Such other conditions as the court deems necessary to prevent acts ofstalking, acts of sexual battery, criminal offenses that may result in injuryto person or property, or communication or other contact of any kind by therespondent.
B. The court shall forthwith, but in all cases no later than the end of thebusiness day on which the order was issued, enter and transfer electronicallyto the Virginia Criminal Information Network the respondent's identifyinginformation and the name, date of birth, sex, and race of each protectedperson provided to the court. A copy of a preliminary protective ordercontaining any such identifying information shall be forwarded forthwith tothe primary law-enforcement agency responsible for service and entry ofprotective orders. Upon receipt of the order by the primary law-enforcementagency, the agency shall forthwith verify and enter any modification asnecessary to the identifying information and other appropriate informationrequired by the Department of State Police into the Virginia CriminalInformation Network established and maintained by the Department pursuant toChapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be servedforthwith on the alleged perpetrator in person as provided in § 16.1-264, anddue return made to the court. However, if the order is issued by the circuitcourt, the clerk of the circuit court shall forthwith forward an attestedcopy of the order containing the respondent's identifying information and thename, date of birth, sex, and race of each protected person provided to thecourt to the primary law-enforcement agency providing service and entry ofprotective orders and upon receipt of the order, the primary law-enforcementagency shall enter the name of the person subject to the order and otherappropriate information required by the Department of State Police into theVirginia Criminal Information Network established and maintained by theDepartment pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the ordershall be served forthwith on the alleged perpetrator in person as provided in§ 16.1-264. Upon service, the agency making service shall enter the date andtime of service and other appropriate information required by the Departmentof State Police into the Virginia Criminal Information Network and make duereturn to the court. The preliminary order shall specify a date for the fullhearing. The hearing shall be held within 15 days of the issuance of thepreliminary order. If the respondent fails to appear at this hearing becausethe respondent was not personally served, the court may extend the protectiveorder for a period not to exceed six months. The extended protective ordershall be served as soon as possible on the respondent. However, upon motionof the respondent and for good cause shown, the court may continue thehearing. The preliminary order shall remain in effect until the hearing. Uponrequest after the order is issued, the clerk shall provide the petitionerwith a copy of the order and information regarding the date and time ofservice. The order shall further specify that either party may at any timefile a motion with the court requesting a hearing to dissolve or modify theorder. The hearing on the motion shall be given precedence on the docket ofthe court.
Upon receipt of the return of service or other proof of service pursuant tosubsection C of § 16.1-264, the clerk shall forthwith forward an attestedcopy of the preliminary protective order to primary law-enforcement agencyand the agency shall forthwith verify and enter any modification as necessaryinto the Virginia Criminal Information Network as described above. If theorder is later dissolved or modified, a copy of the dissolution ormodification order shall also be attested, forwarded forthwith to the primarylaw-enforcement agency responsible for service and entry of protectiveorders, and upon receipt of the order by the primary law-enforcement agency,the agency shall forthwith verify and enter any modification as necessary tothe identifying information and other appropriate information required by theDepartment of State Police into the Virginia Criminal Information Network asdescribed above and the order shall be served forthwith and due return madeto the court.
C. The preliminary order is effective upon personal service on the allegedperpetrator. Except as otherwise provided in § 16.1-253.2, a violation of theorder shall constitute contempt of court.
D. At a full hearing on the petition, the court may issue a protective orderpursuant to § 19.2-152.10 if the court finds that the petitioner has proventhe allegation of a criminal offense resulting in a serious bodily injury tothe petitioner, sexual battery in violation of § 18.2-67.4, aggravated sexualbattery in violation of § 18.2-67.3, or stalking by a preponderance of theevidence.
E. No fees shall be charged for filing or serving petitions pursuant to thissection.
F. 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.
G. As used in this section, "copy" includes a facsimile copy.
(1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2001, c. 101; 2002, cc. 507,810, 818; 2003, c. 730; 2008, cc. 73, 128, 246; 2009, cc. 341, 732.)
§ 19.2-152.9. Preliminary protective orders in cases of stalking, sexualbattery and acts of violence.
A. Upon the filing of a petition alleging that (i) the petitioner is or hasbeen, within a reasonable period of time, subjected to stalking, sexualbattery in violation of § 18.2-67.4, aggravated sexual battery in violationof § 18.2-67.3, or a criminal offense resulting in a serious bodily injury tothe petitioner, and (ii) a warrant has been issued for the arrest of thealleged perpetrator of such act or acts, the court may issue a preliminaryprotective order against the alleged perpetrator in order to protect thehealth and safety of the petitioner or any family or household member of thepetitioner. The order may be issued in an ex parte proceeding upon good causeshown when the petition is supported by an affidavit or sworn testimonybefore the judge or intake officer. Immediate and present danger of stalkingor another criminal offense that may result in a serious bodily injury to thepetitioner or evidence sufficient to establish probable cause that 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 petitioner has recently occurred shall constitute good cause.
A preliminary protective order may include any one or more of the followingconditions to be imposed on the respondent:
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 other contacts by the respondent with the petitioner orthe petitioner's family or household members as the court deems necessary forthe health and safety of such persons; and
3. Such other conditions as the court deems necessary to prevent acts ofstalking, acts of sexual battery, criminal offenses that may result in injuryto person or property, or communication or other contact of any kind by therespondent.
B. The court shall forthwith, but in all cases no later than the end of thebusiness day on which the order was issued, enter and transfer electronicallyto the Virginia Criminal Information Network the respondent's identifyinginformation and the name, date of birth, sex, and race of each protectedperson provided to the court. A copy of a preliminary protective ordercontaining any such identifying information shall be forwarded forthwith tothe primary law-enforcement agency responsible for service and entry ofprotective orders. Upon receipt of the order by the primary law-enforcementagency, the agency shall forthwith verify and enter any modification asnecessary to the identifying information and other appropriate informationrequired by the Department of State Police into the Virginia CriminalInformation Network established and maintained by the Department pursuant toChapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be servedforthwith on the alleged perpetrator in person as provided in § 16.1-264, anddue return made to the court. However, if the order is issued by the circuitcourt, the clerk of the circuit court shall forthwith forward an attestedcopy of the order containing the respondent's identifying information and thename, date of birth, sex, and race of each protected person provided to thecourt to the primary law-enforcement agency providing service and entry ofprotective orders and upon receipt of the order, the primary law-enforcementagency shall enter the name of the person subject to the order and otherappropriate information required by the Department of State Police into theVirginia Criminal Information Network established and maintained by theDepartment pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the ordershall be served forthwith on the alleged perpetrator in person as provided in§ 16.1-264. Upon service, the agency making service shall enter the date andtime of service and other appropriate information required by the Departmentof State Police into the Virginia Criminal Information Network and make duereturn to the court. The preliminary order shall specify a date for the fullhearing. The hearing shall be held within 15 days of the issuance of thepreliminary order. If the respondent fails to appear at this hearing becausethe respondent was not personally served, the court may extend the protectiveorder for a period not to exceed six months. The extended protective ordershall be served as soon as possible on the respondent. However, upon motionof the respondent and for good cause shown, the court may continue thehearing. The preliminary order shall remain in effect until the hearing. Uponrequest after the order is issued, the clerk shall provide the petitionerwith a copy of the order and information regarding the date and time ofservice. The order shall further specify that either party may at any timefile a motion with the court requesting a hearing to dissolve or modify theorder. The hearing on the motion shall be given precedence on the docket ofthe court.
Upon receipt of the return of service or other proof of service pursuant tosubsection C of § 16.1-264, the clerk shall forthwith forward an attestedcopy of the preliminary protective order to primary law-enforcement agencyand the agency shall forthwith verify and enter any modification as necessaryinto the Virginia Criminal Information Network as described above. If theorder is later dissolved or modified, a copy of the dissolution ormodification order shall also be attested, forwarded forthwith to the primarylaw-enforcement agency responsible for service and entry of protectiveorders, and upon receipt of the order by the primary law-enforcement agency,the agency shall forthwith verify and enter any modification as necessary tothe identifying information and other appropriate information required by theDepartment of State Police into the Virginia Criminal Information Network asdescribed above and the order shall be served forthwith and due return madeto the court.
C. The preliminary order is effective upon personal service on the allegedperpetrator. Except as otherwise provided in § 16.1-253.2, a violation of theorder shall constitute contempt of court.
D. At a full hearing on the petition, the court may issue a protective orderpursuant to § 19.2-152.10 if the court finds that the petitioner has proventhe allegation of a criminal offense resulting in a serious bodily injury tothe petitioner, sexual battery in violation of § 18.2-67.4, aggravated sexualbattery in violation of § 18.2-67.3, or stalking by a preponderance of theevidence.
E. No fees shall be charged for filing or serving petitions pursuant to thissection.
F. 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.
G. As used in this section, "copy" includes a facsimile copy.
(1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2001, c. 101; 2002, cc. 507,810, 818; 2003, c. 730; 2008, cc. 73, 128, 246; 2009, cc. 341, 732.)
§ 19.2-152.9. Preliminary protective orders in cases of stalking, sexualbattery and acts of violence.
A. Upon the filing of a petition alleging that (i) the petitioner is or hasbeen, within a reasonable period of time, subjected to stalking, sexualbattery in violation of § 18.2-67.4, aggravated sexual battery in violationof § 18.2-67.3, or a criminal offense resulting in a serious bodily injury tothe petitioner, and (ii) a warrant has been issued for the arrest of thealleged perpetrator of such act or acts, the court may issue a preliminaryprotective order against the alleged perpetrator in order to protect thehealth and safety of the petitioner or any family or household member of thepetitioner. The order may be issued in an ex parte proceeding upon good causeshown when the petition is supported by an affidavit or sworn testimonybefore the judge or intake officer. Immediate and present danger of stalkingor another criminal offense that may result in a serious bodily injury to thepetitioner or evidence sufficient to establish probable cause that 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 petitioner has recently occurred shall constitute good cause.
A preliminary protective order may include any one or more of the followingconditions to be imposed on the respondent:
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 other contacts by the respondent with the petitioner orthe petitioner's family or household members as the court deems necessary forthe health and safety of such persons; and
3. Such other conditions as the court deems necessary to prevent acts ofstalking, acts of sexual battery, criminal offenses that may result in injuryto person or property, or communication or other contact of any kind by therespondent.
B. The court shall forthwith, but in all cases no later than the end of thebusiness day on which the order was issued, enter and transfer electronicallyto the Virginia Criminal Information Network the respondent's identifyinginformation and the name, date of birth, sex, and race of each protectedperson provided to the court. A copy of a preliminary protective ordercontaining any such identifying information shall be forwarded forthwith tothe primary law-enforcement agency responsible for service and entry ofprotective orders. Upon receipt of the order by the primary law-enforcementagency, the agency shall forthwith verify and enter any modification asnecessary to the identifying information and other appropriate informationrequired by the Department of State Police into the Virginia CriminalInformation Network established and maintained by the Department pursuant toChapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be servedforthwith on the alleged perpetrator in person as provided in § 16.1-264, anddue return made to the court. However, if the order is issued by the circuitcourt, the clerk of the circuit court shall forthwith forward an attestedcopy of the order containing the respondent's identifying information and thename, date of birth, sex, and race of each protected person provided to thecourt to the primary law-enforcement agency providing service and entry ofprotective orders and upon receipt of the order, the primary law-enforcementagency shall enter the name of the person subject to the order and otherappropriate information required by the Department of State Police into theVirginia Criminal Information Network established and maintained by theDepartment pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the ordershall be served forthwith on the alleged perpetrator in person as provided in§ 16.1-264. Upon service, the agency making service shall enter the date andtime of service and other appropriate information required by the Departmentof State Police into the Virginia Criminal Information Network and make duereturn to the court. The preliminary order shall specify a date for the fullhearing. The hearing shall be held within 15 days of the issuance of thepreliminary order. If the respondent fails to appear at this hearing becausethe respondent was not personally served, the court may extend the protectiveorder for a period not to exceed six months. The extended protective ordershall be served as soon as possible on the respondent. However, upon motionof the respondent and for good cause shown, the court may continue thehearing. The preliminary order shall remain in effect until the hearing. Uponrequest after the order is issued, the clerk shall provide the petitionerwith a copy of the order and information regarding the date and time ofservice. The order shall further specify that either party may at any timefile a motion with the court requesting a hearing to dissolve or modify theorder. The hearing on the motion shall be given precedence on the docket ofthe court.
Upon receipt of the return of service or other proof of service pursuant tosubsection C of § 16.1-264, the clerk shall forthwith forward an attestedcopy of the preliminary protective order to primary law-enforcement agencyand the agency shall forthwith verify and enter any modification as necessaryinto the Virginia Criminal Information Network as described above. If theorder is later dissolved or modified, a copy of the dissolution ormodification order shall also be attested, forwarded forthwith to the primarylaw-enforcement agency responsible for service and entry of protectiveorders, and upon receipt of the order by the primary law-enforcement agency,the agency shall forthwith verify and enter any modification as necessary tothe identifying information and other appropriate information required by theDepartment of State Police into the Virginia Criminal Information Network asdescribed above and the order shall be served forthwith and due return madeto the court.
C. The preliminary order is effective upon personal service on the allegedperpetrator. Except as otherwise provided in § 16.1-253.2, a violation of theorder shall constitute contempt of court.
D. At a full hearing on the petition, the court may issue a protective orderpursuant to § 19.2-152.10 if the court finds that the petitioner has proventhe allegation of a criminal offense resulting in a serious bodily injury tothe petitioner, sexual battery in violation of § 18.2-67.4, aggravated sexualbattery in violation of § 18.2-67.3, or stalking by a preponderance of theevidence.
E. No fees shall be charged for filing or serving petitions pursuant to thissection.
F. 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.
G. As used in this section, "copy" includes a facsimile copy.
(1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2001, c. 101; 2002, cc. 507,810, 818; 2003, c. 730; 2008, cc. 73, 128, 246; 2009, cc. 341, 732.)
