16. 1/20/2021. § 16.1-253.4. The court may issue a protective order pursuant to this chapter to protect the health and safety of the petitioner and family or household members of a petitioner upon (i) the issuance of a petition or warrant for, … Adult Protective Services » § 63.2-1609. It is important that each party to a Protective Order have an attorney at the hearing. An emergency protective order under Virginia Code Section 16.1-253.4 may prohibit the abuser from contacting the victim, entering the victim’s home or apartment (even if shared), or abusing the victim in the future. 3. Assistance with Protective Orders I-CAN! If it is determined that the adult is indigent, or, in the determination of the judge, lacks capacity to waive the right to counsel, the court shall locate and appoint a guardian ad litem. No contact orders can be an addition to any protective order. 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. Moreover, Virginia protective orders come with built-in expiration dates, which vary according to the type of protective order. 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. Such report shall be confidential and open only to such persons as may be directed by the court. L. Upon issuance of an emergency protective order, the clerk of the court shall make available to the petitioner information that is published by the Department of Criminal Justice Services for victims of domestic violence or for petitioners in protective order cases. If the adult is not indigent, the court may order that the cost of the proceeding shall be borne by such adult. The Code of Virginia, Constitution of Virginia, Charters, Authorities, Compacts and Uncodified Acts are now available in both EPub and MOBI eBook formats. 4. be written on the Preliminary Protective Order. 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. Site developed by the Division of Legislative Automated Systems (DLAS). Upon service, the agency making service shall enter the date and time of service and other appropriate information required into the Virginia Criminal Information Network and make due return to 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. (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. The court shall set the bond of the temporary guardian and the bond and surety, if any, of the temporary conservator. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested, forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders, and 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 as described above and the order shall be served forthwith and due return made to the court. of Title 52 and the order shall be served forthwith upon the respondent. A copy of an emergency protective order issued pursuant to this section containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. 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. In ordering adult protective services the court shall consider the right of a person to rely on nonmedical remedial treatment in accordance with a recognized religious method of healing in lieu of medical care. Penalties for Violation of a Protective Order in Virginia. … 1977, c. 547, § 63.1-55.6; 1978, c. 562; 1979, c. 451; 1997, c. 921; 2002, c. 747; 2004, cc. A. 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. Such other conditions as the judge or magistrate deems necessary to prevent (i) acts of violence, force, or threat, (ii) criminal offenses resulting in injury to person or property, or (iii) communication or other contact of any kind by the respondent; and. EPO-001 [Rev. TM Virginia’s Online Forms Completion System for Protective Orders I-CAN! No adult may be committed to a mental health facility under this section. 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. A. B. If the expiration occurs on a day that the court is not in session, the emergency protective order shall be extended until 11:59 p.m. on the next day that the court which issued the order is in session. Hearing Date and Time ..... [ ] General District Court [ ] Circuit Court ... [ ] A protective order of any type involving the parties is currently in effect. This includes orders issued pursuant to Va. C. An emergency protective order issued pursuant to this section shall expire at 11:59 p.m. on the third day following issuance. E. The court or magistrate shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer electronically to the Virginia Criminal Information Network the respondent's identifying information and the name, date of birth, sex, and race of each protected person provided to the court or magistrate. Once the report is generated you'll then have the option to download it as a pdf, print or email the report. A. 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