Sign In, § 19.2-152.8. B. 2. Often, especially when there are shared children or especially in a situation where perhaps the individual has their own vehicle or has their own house and for whatever re… In Virginia, there are 3 kinds of Protective Orders that can protect you and others in your family or home: • Emergency Protective Order (expires at the end of the third day following issuance or the next day court is in session, whichever is later) of Title 52 and the order shall be served forthwith upon the respondent and due return made to the court. 1977, c. 547, § 63.1-55.6; 1978, c. 562; 1979, c. 451; 1997, c. 921; 2002, c. 747; 2004, cc. The hearing on the motion shall be given precedence on the docket of the court. provisions in another existing protective order remain in effect and take precedence if they are more restrictive than the provisions in this emergency protective order. No Contact Orders. F. The adult, the temporary guardian, temporary conservator, or any interested person may petition the court to have the emergency order set aside or modified at any time there is evidence that a substantial change in the circumstances of the adult for whom the emergency services were ordered has occurred. Code § 25-60-30. 507, 706, 810, 818; 2003, c. 730; 2008, cc. EPO-001 [Rev. No fee shall be charged for filing or serving any petition pursuant to this section. Site developed by the Division of Legislative Automated Systems (DLAS). A. When a law-enforcement officer or an alleged victim asserts under oath to a judge or magistrate that such person is being or has been subjected to an act of violence, force, or threat and on that assertion or other evidence the judge or magistrate finds that (i) there is probable danger of a further such act being committed by the respondent against the alleged victim or (ii) a petition or warrant for the arrest of the respondent has been issued for any criminal offense resulting from the commission of an act of violence, force, or threat, the judge or magistrate shall issue an ex parte emergency protective order imposing one or more of the following conditions on the respondent: 1. This includes orders issued pursuant to Va. Protective orders are legal decrees, issued by a judge or magistrate, that protect the health and safety of victims. (See Code of Virginia. In Virginia, a restraining order or protective order is a legal document issued by a judge to protect the health and safety of a person who is alleged to be a victim of any act involving violence, force or threat that results in bodily injury or places that … The request for an emergency protective order or extension of an order may be made orally, in person or by electronic means, and the judge of a circuit court, general district court, or juvenile and domestic relations district court or a magistrate may issue an oral emergency protective order. Prohibiting such contacts by the respondent with the alleged victim or the alleged victim's family or household members, including prohibiting the respondent from being in the physical presence of the alleged victim or the alleged victim's family or household members, as the judge or magistrate deems necessary to protect the safety of such persons; 3. "Physical presence" includes (i) intentionally maintaining direct visual contact with the petitioner or (ii) unreasonably being within 100 feet from the petitioner's residence or place of employment. Commonwealth of Virginia Va. Code §§ 19.2-152.9; 19.2-152.10 . 1997, c. 831; 1998, cc. § 16.1-279.1. Criminal Procedure » Chapter 9.1. Granting the petitioner the possession of any companion animal as defined in § 3.2-6500 if such petitioner meets the definition of owner in § 3.2-6500. 73, 246; 2009, cc. C. An emergency protective order issued pursuant to this section shall expire at 11:59 p.m. on the third day following issuance. Once the report is generated you'll then have the option to download it as a pdf, print or email the report. Sections 19.2-152.8 and 16.1-253.4 limit the length of time during which emergency protective orders are in place to 72 hours. Emergency Protective Orders (Va. Code §19.2-152.8): The court can issue an emergency protective order against the accused stalker pursuant to §19.2-152.8 prohibiting contact with the alleged victim or a family member. The completed form shall include a statement of the grounds for the order asserted by the officer or the alleged victim of such crime. Hearing Date and Time ..... [ ] General District Court [ ] Circuit Court ... [ ] A protective order of any type involving the parties is currently in effect. § 19.2-152.8. The original copy shall be filed with the clerk of the appropriate district court within five business days of the issuance of the order. 6. of Title 64.2. The issuance of an emergency order and the appointment of a temporary guardian or temporary conservator shall not deprive the adult of any rights except to the extent provided for in the order or appointment. 2. Adult Protective Services » § 63.2-1609. If the adult is indigent, the cost of the proceeding shall be borne by the Commonwealth. (ii) the abuse occurred, or (iii) a protective order was issued if at the time the proceeding is commenced, the order is in effect to protect the petitioner or a family or household member of the petitioner. Commonwealth of Virginia Va. Code §§ 19.2-152.9; 19.2-152.10 . In issuing an emergency order, the court shall adhere to the following limitations: 1. . … Emergency Protective Orders. Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. The original order may be renewed once for a five-day period upon a showing to the court that continuation of the original order is necessary to remove the emergency. 16. Next → 19.2-152.11 Venue for protective orders 19.2 Criminal Procedure; 9.1 Protective Orders § 19.2-152.10 Protective order § 19.2-152.10 Protective order. This hearing shall be held no earlier than 24 hours after the notice required in subsection D has been given, unless such notice has been waived by the court. C. The petition for an emergency order shall set forth the name, address, and interest of the petitioner; the name, age and address of the adult in need of adult protective services; the nature of the emergency; the nature of the adult's incapacity, if determinable; the proposed adult protective services; the petitioner's reasonable belief, together with facts supportive thereof, as to the existence of the facts stated in subdivisions A 1 through A 4; and facts showing the petitioner's attempts to obtain the adult's consent to the services and the outcomes of such attempts. Penalties for Violation of a Protective Order in Virginia. H. Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause. B. Emergency Protective Orders. If the protective order that was issued is overreaching—a standard protective order usually gives the alleged victim custody of the children if there are any, possession of the house and the vehicles, and usually has on it a provision for no termination of utilities and no-contact or at least a stay-away that the alleged perpetrator must abide by. However, if the order is issued by the circuit court, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the respondent's identifying information and the name, date of birth, sex, and race of each protected person provided to the court to the primary law-enforcement agency providing service and entry of protective orders and upon receipt of the order, the primary law-enforcement agency shall enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) A Protective Order issued under Virginia Code §16.1-279.1 can have sweeping ramifications for the Respondent. Table of Contents » Title 63.2. Hearing Date and Time ..... v. To the Petitioner: Please provide your . 146, 637, 827; 2014, c. 346; 2016, c. 455; 2018, c. 652. Any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte emergency protective order pursuant to this section in order to protect the health or safety of any person. § 16.1-253.4. Adult Services » Article 2. © Copyright Commonwealth of Virginia, document.write(new Date().getFullYear()). EPO-001 [Rev. The Court … A. 1/20/2021. To obtain an emergency protective order (VA State § 19.2-152.8) a person must be allegedly stalked or an alleged victim of a criminal offense resulting in a serious bodily injury. H. If the person continues to need adult protective services after the renewal order provided in subdivision B 3 has expired, the temporary guardian, temporary conservator, or local department shall immediately petition the court to appoint a guardian and, if applicable, a conservator pursuant to Chapter 20 (§ 64.2-2000 et seq.) 5. There are 3 different types of protective orders in Virginia. In order to be eligible for a protective order, you must have been, within a reasonable period of time, subjected to an act involving violence, force, or threat that results in bodily injury or places you in reason- able fear of death, sexual assault, or bodily injury. When applicable, the court shall appoint the petitioner or another interested person as temporary conservator of the adult with responsibility and authority limited to managing the adult's estate and financial affairs related to the approved adult protective services until the expiration of the order. 1/21/2021. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) TM Virginia’s Online Forms Completion System for Protective Orders I-CAN! 749, 1011; 2018, cc. (e) (1) The magistrate shall forthwith transmit a copy of any temporary emergency protective order, together with a copy of the petition, by mail or by facsimile machine to the family court in which the action is pending and to law-enforcement agencies. 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 or sheriff's office which is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth and (ii) member of an auxiliary police force established pursuant to § 15.2-1731. 4. 4. Pursuant to Va. Code § 16.1-241(M), the judges of the Juvenile and Domestic Relations K. No emergency protective order shall be issued pursuant to this section against a law-enforcement officer for any action arising out of the lawful performance of his duties. A. Generally speaking, courts can grant protective orders for much longer periods of time following notice to the opposing party and an opportunity to be heard at a full hearing. Va. Code § 16.1-243(A)(3). The Code of Virginia, Constitution of Virginia, Charters, Authorities, Compacts and Uncodified Acts are now available in both EPub and MOBI eBook formats. All rights reserved. Prohibiting acts of violence, force, or threat or criminal offenses resulting in injury to person or property; 2. No adult may be committed to a mental health facility under this section. Protective order in cases of family abuse. 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