§ 20-103. Court may make orders pending suit for divorce, custody orvisitation, etc.
A. In suits for divorce, annulment and separate maintenance, and inproceedings arising under subdivision A 3 or subsection L of § 16.1-241, thecourt having jurisdiction of the matter may, at any time pending a suitpursuant to this chapter, in the discretion of such court, make any orderthat may be proper (i) to compel a spouse to pay any sums necessary for themaintenance and support of the petitioning spouse, including an order thatthe other spouse provide health care coverage for the petitioning spouse,unless it is shown that such coverage cannot be obtained, (ii) to enable suchspouse to carry on the suit, (iii) to prevent either spouse from imposing anyrestraint on the personal liberty of the other spouse, (iv) to provide forthe custody and maintenance of the minor children of the parties, includingan order that either party or both parties provide health care coverage orcash medical support, or both, for the children, (v) to provide support,calculated in accordance with § 20-108.2, for any child of the parties towhom a duty of support is owed and to continue to support any child over theage of 18 who meets the requirements set forth in subsection C of § 20-124.2,(vi) for the exclusive use and possession of the family residence during thependency of the suit, (vii) to preserve the estate of either spouse, so thatit be forthcoming to meet any decree which may be made in the suit, or (viii)to compel either spouse to give security to abide such decree. The parties toany petition where a child whose custody, visitation, or support is contestedshall show proof that they have attended within the 12 months prior to theircourt appearance or that they shall attend within 45 days thereafter aneducational seminar or other like program conducted by a qualified person ororganization approved by the court except that the court may require theparties to attend such seminar or program in uncontested cases only if thecourt finds good cause. The seminar or other program shall be a minimum offour hours in length and shall address the effects of separation or divorceon children, parenting responsibilities, options for conflict resolution andfinancial responsibilities. Once a party has completed one educationalseminar or other like program, the required completion of additional programsshall be at the court's discretion. Parties under this section shall includenatural or adoptive parents of the child, or any person with a legitimateinterest as defined in § 20-124.1. The fee charged a party for participationin such program shall be based on the party's ability to pay; however, no feein excess of $50 may be charged. Whenever possible, before participating inmediation or alternative dispute resolution to address custody, visitation orsupport, each party shall have attended the educational seminar or other likeprogram. The court may grant an exemption from attendance of such program forgood cause shown or if there is no program reasonably available. Other thanstatements or admissions by a party admitting criminal activity or childabuse, no statement or admission by a party in such seminar or program shallbe admissible into evidence in any subsequent proceeding.
B. In addition to the terms provided in subsection A, upon a showing by aparty of reasonable apprehension of physical harm to that party by suchparty's family or household member as that term is defined in § 16.1-228, andconsistent with rules of the Supreme Court of Virginia, the court may enteran order excluding that party's family or household member from the jointlyowned or jointly rented family dwelling. In any case where an order isentered under this paragraph, pursuant to an ex parte hearing, the ordershall not exclude a family or household member from the family dwelling for aperiod in excess of 15 days from the date the order is served, in person,upon the person so excluded. The order may provide for an extension of timebeyond the 15 days, to become effective automatically. The person served mayat any time file a written motion in the clerk's office requesting a hearingto dissolve or modify the order. Nothing in this section shall be construedto prohibit the court from extending an order entered under this subsectionfor such longer period of time as is deemed appropriate, after a hearing onnotice to the parties. If the party subject to the order fails to appear atthis hearing, the court may extend the order for a period not to exceed sixmonths.
C. In cases other than those for divorce in which a custody or visitationarrangement for a minor child is sought, the court may enter an orderproviding for custody, visitation or maintenance pending the suit as providedin subsection A. The order shall be directed to either parent or any personwith a legitimate interest who is a party to the suit.
D. Orders entered pursuant to this section which provide for custody orvisitation arrangements pending the suit shall be made in accordance with thestandards set out in Chapter 6.1 (§ 20-124.1 et seq.) of this title. Ordersentered pursuant to subsection B shall be certified by the clerk andforwarded as soon as possible to the local police department or sheriff'soffice which shall, on the date of receipt, enter the name of the personsubject to the order and other appropriate information required by theDepartment of State Police into the Virginia crime information network systemestablished and maintained by the Department of State Police pursuant toChapter 2 (§ 52-12 et seq.) of Title 52. If the order is later dissolved ormodified, a copy of the dissolution or modification shall also be certified,forwarded and entered in the system as described above.
E. An order entered pursuant to this section shall have no presumptive effectand shall not be determinative when adjudicating the underlying cause.
(Code 1919, § 5107; 1975, c. 644; 1982, c. 306; 1983, c. 253; 1989, c. 740;1991, c. 60; 1994, cc. 518, 769; 1995, c. 674; 1996, cc. 767, 866, 879, 884;1997, c. 605; 1998, c. 616; 2000, c. 586; 2003, cc. 31, 45; 2004, c. 732;2007, c. 205; 2009, c. 713.)
§ 20-103. Court may make orders pending suit for divorce, custody orvisitation, etc.
A. In suits for divorce, annulment and separate maintenance, and inproceedings arising under subdivision A 3 or subsection L of § 16.1-241, thecourt having jurisdiction of the matter may, at any time pending a suitpursuant to this chapter, in the discretion of such court, make any orderthat may be proper (i) to compel a spouse to pay any sums necessary for themaintenance and support of the petitioning spouse, including an order thatthe other spouse provide health care coverage for the petitioning spouse,unless it is shown that such coverage cannot be obtained, (ii) to enable suchspouse to carry on the suit, (iii) to prevent either spouse from imposing anyrestraint on the personal liberty of the other spouse, (iv) to provide forthe custody and maintenance of the minor children of the parties, includingan order that either party or both parties provide health care coverage orcash medical support, or both, for the children, (v) to provide support,calculated in accordance with § 20-108.2, for any child of the parties towhom a duty of support is owed and to continue to support any child over theage of 18 who meets the requirements set forth in subsection C of § 20-124.2,(vi) for the exclusive use and possession of the family residence during thependency of the suit, (vii) to preserve the estate of either spouse, so thatit be forthcoming to meet any decree which may be made in the suit, or (viii)to compel either spouse to give security to abide such decree. The parties toany petition where a child whose custody, visitation, or support is contestedshall show proof that they have attended within the 12 months prior to theircourt appearance or that they shall attend within 45 days thereafter aneducational seminar or other like program conducted by a qualified person ororganization approved by the court except that the court may require theparties to attend such seminar or program in uncontested cases only if thecourt finds good cause. The seminar or other program shall be a minimum offour hours in length and shall address the effects of separation or divorceon children, parenting responsibilities, options for conflict resolution andfinancial responsibilities. Once a party has completed one educationalseminar or other like program, the required completion of additional programsshall be at the court's discretion. Parties under this section shall includenatural or adoptive parents of the child, or any person with a legitimateinterest as defined in § 20-124.1. The fee charged a party for participationin such program shall be based on the party's ability to pay; however, no feein excess of $50 may be charged. Whenever possible, before participating inmediation or alternative dispute resolution to address custody, visitation orsupport, each party shall have attended the educational seminar or other likeprogram. The court may grant an exemption from attendance of such program forgood cause shown or if there is no program reasonably available. Other thanstatements or admissions by a party admitting criminal activity or childabuse, no statement or admission by a party in such seminar or program shallbe admissible into evidence in any subsequent proceeding.
B. In addition to the terms provided in subsection A, upon a showing by aparty of reasonable apprehension of physical harm to that party by suchparty's family or household member as that term is defined in § 16.1-228, andconsistent with rules of the Supreme Court of Virginia, the court may enteran order excluding that party's family or household member from the jointlyowned or jointly rented family dwelling. In any case where an order isentered under this paragraph, pursuant to an ex parte hearing, the ordershall not exclude a family or household member from the family dwelling for aperiod in excess of 15 days from the date the order is served, in person,upon the person so excluded. The order may provide for an extension of timebeyond the 15 days, to become effective automatically. The person served mayat any time file a written motion in the clerk's office requesting a hearingto dissolve or modify the order. Nothing in this section shall be construedto prohibit the court from extending an order entered under this subsectionfor such longer period of time as is deemed appropriate, after a hearing onnotice to the parties. If the party subject to the order fails to appear atthis hearing, the court may extend the order for a period not to exceed sixmonths.
C. In cases other than those for divorce in which a custody or visitationarrangement for a minor child is sought, the court may enter an orderproviding for custody, visitation or maintenance pending the suit as providedin subsection A. The order shall be directed to either parent or any personwith a legitimate interest who is a party to the suit.
D. Orders entered pursuant to this section which provide for custody orvisitation arrangements pending the suit shall be made in accordance with thestandards set out in Chapter 6.1 (§ 20-124.1 et seq.) of this title. Ordersentered pursuant to subsection B shall be certified by the clerk andforwarded as soon as possible to the local police department or sheriff'soffice which shall, on the date of receipt, enter the name of the personsubject to the order and other appropriate information required by theDepartment of State Police into the Virginia crime information network systemestablished and maintained by the Department of State Police pursuant toChapter 2 (§ 52-12 et seq.) of Title 52. If the order is later dissolved ormodified, a copy of the dissolution or modification shall also be certified,forwarded and entered in the system as described above.
E. An order entered pursuant to this section shall have no presumptive effectand shall not be determinative when adjudicating the underlying cause.
(Code 1919, § 5107; 1975, c. 644; 1982, c. 306; 1983, c. 253; 1989, c. 740;1991, c. 60; 1994, cc. 518, 769; 1995, c. 674; 1996, cc. 767, 866, 879, 884;1997, c. 605; 1998, c. 616; 2000, c. 586; 2003, cc. 31, 45; 2004, c. 732;2007, c. 205; 2009, c. 713.)
§ 20-103. Court may make orders pending suit for divorce, custody orvisitation, etc.
A. In suits for divorce, annulment and separate maintenance, and inproceedings arising under subdivision A 3 or subsection L of § 16.1-241, thecourt having jurisdiction of the matter may, at any time pending a suitpursuant to this chapter, in the discretion of such court, make any orderthat may be proper (i) to compel a spouse to pay any sums necessary for themaintenance and support of the petitioning spouse, including an order thatthe other spouse provide health care coverage for the petitioning spouse,unless it is shown that such coverage cannot be obtained, (ii) to enable suchspouse to carry on the suit, (iii) to prevent either spouse from imposing anyrestraint on the personal liberty of the other spouse, (iv) to provide forthe custody and maintenance of the minor children of the parties, includingan order that either party or both parties provide health care coverage orcash medical support, or both, for the children, (v) to provide support,calculated in accordance with § 20-108.2, for any child of the parties towhom a duty of support is owed and to continue to support any child over theage of 18 who meets the requirements set forth in subsection C of § 20-124.2,(vi) for the exclusive use and possession of the family residence during thependency of the suit, (vii) to preserve the estate of either spouse, so thatit be forthcoming to meet any decree which may be made in the suit, or (viii)to compel either spouse to give security to abide such decree. The parties toany petition where a child whose custody, visitation, or support is contestedshall show proof that they have attended within the 12 months prior to theircourt appearance or that they shall attend within 45 days thereafter aneducational seminar or other like program conducted by a qualified person ororganization approved by the court except that the court may require theparties to attend such seminar or program in uncontested cases only if thecourt finds good cause. The seminar or other program shall be a minimum offour hours in length and shall address the effects of separation or divorceon children, parenting responsibilities, options for conflict resolution andfinancial responsibilities. Once a party has completed one educationalseminar or other like program, the required completion of additional programsshall be at the court's discretion. Parties under this section shall includenatural or adoptive parents of the child, or any person with a legitimateinterest as defined in § 20-124.1. The fee charged a party for participationin such program shall be based on the party's ability to pay; however, no feein excess of $50 may be charged. Whenever possible, before participating inmediation or alternative dispute resolution to address custody, visitation orsupport, each party shall have attended the educational seminar or other likeprogram. The court may grant an exemption from attendance of such program forgood cause shown or if there is no program reasonably available. Other thanstatements or admissions by a party admitting criminal activity or childabuse, no statement or admission by a party in such seminar or program shallbe admissible into evidence in any subsequent proceeding.
B. In addition to the terms provided in subsection A, upon a showing by aparty of reasonable apprehension of physical harm to that party by suchparty's family or household member as that term is defined in § 16.1-228, andconsistent with rules of the Supreme Court of Virginia, the court may enteran order excluding that party's family or household member from the jointlyowned or jointly rented family dwelling. In any case where an order isentered under this paragraph, pursuant to an ex parte hearing, the ordershall not exclude a family or household member from the family dwelling for aperiod in excess of 15 days from the date the order is served, in person,upon the person so excluded. The order may provide for an extension of timebeyond the 15 days, to become effective automatically. The person served mayat any time file a written motion in the clerk's office requesting a hearingto dissolve or modify the order. Nothing in this section shall be construedto prohibit the court from extending an order entered under this subsectionfor such longer period of time as is deemed appropriate, after a hearing onnotice to the parties. If the party subject to the order fails to appear atthis hearing, the court may extend the order for a period not to exceed sixmonths.
C. In cases other than those for divorce in which a custody or visitationarrangement for a minor child is sought, the court may enter an orderproviding for custody, visitation or maintenance pending the suit as providedin subsection A. The order shall be directed to either parent or any personwith a legitimate interest who is a party to the suit.
D. Orders entered pursuant to this section which provide for custody orvisitation arrangements pending the suit shall be made in accordance with thestandards set out in Chapter 6.1 (§ 20-124.1 et seq.) of this title. Ordersentered pursuant to subsection B shall be certified by the clerk andforwarded as soon as possible to the local police department or sheriff'soffice which shall, on the date of receipt, enter the name of the personsubject to the order and other appropriate information required by theDepartment of State Police into the Virginia crime information network systemestablished and maintained by the Department of State Police pursuant toChapter 2 (§ 52-12 et seq.) of Title 52. If the order is later dissolved ormodified, a copy of the dissolution or modification shall also be certified,forwarded and entered in the system as described above.
E. An order entered pursuant to this section shall have no presumptive effectand shall not be determinative when adjudicating the underlying cause.
(Code 1919, § 5107; 1975, c. 644; 1982, c. 306; 1983, c. 253; 1989, c. 740;1991, c. 60; 1994, cc. 518, 769; 1995, c. 674; 1996, cc. 767, 866, 879, 884;1997, c. 605; 1998, c. 616; 2000, c. 586; 2003, cc. 31, 45; 2004, c. 732;2007, c. 205; 2009, c. 713.)
