A look at this Code section illustrates what is at stake. Conviction hereunder shall bar a finding of contempt for the same act. 0000112436 00000 n Emergency protective orders authorized in certain cases; penalty, Chapter 11. In Virginia, an Emergency protective order is a serious legal documented matter which restricts a person from contacting the alleged victim. Virginia protective orders can be modified and extended. An oral emergency protective order issuedpursuant to this section shall be reduced to writing, by the law-enforcementofficer requesting the order or the magistrate on a preprinted form approvedand provided by the Supreme Court of Virginia. Site developed by the Division of Legislative Automated Systems (DLAS). The first one is an emergency protective order. F. The availability of an emergency protective order shall not be affected by the fact that the family or household member left the premises to avoid the danger of family abuse by the respondent. The respondent may at any time file a motion with the court requesting a hearing to dissolve or modify the order issued hereunder. Section 18.2-60.4 of Virginia Code outlines the penalties for the violation in of a protection order, including the violation of an emergency protective order, preliminary protective order, or final protective order. The judge or magistrate who issues an oral order pursuant to an electronic request by a law-enforcement officer shall verify the written order to determine whether the officer who reduced it to writing accurately transcribed the contents of the oral order. Domestic Violence Protective Orders There are three types of domestic protective orders: Emergency, Preliminary, and Permanent Protective Orders. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court. 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 Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) 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.) 0000004904 00000 n 637, 827; 2014, cc. 0000002314 00000 n 0000002981 00000 n K. No fee shall be charged for filing or serving any petition or order pursuant to this section. 445, 480; 2012, cc. B. 0000004475 00000 n %PDF-1.4 %���� If these forms are provided to a law-enforcement officer, the officer may provide these forms to the protected person when giving the emergency protective order to the protected person. What protective orders are there? If your situation changes, the terms in the protection order might need to change too. 0000010514 00000 n Upon request, the clerk shall provide the allegedly abused person with information regarding the date and time of service. 0 : ��{LC���^�X. The permanent protective order can be extended every two years. D. A law-enforcement officer may request an emergency protective order pursuant to this section and, if the person in need of protection is physically or mentally incapable of filing a petition pursuant to § 16.1-253.1 or 16.1-279.1, may request the extension of an emergency protective order for an additional period of time not to exceed three days after expiration of the original order. The permanent protective order can be renewed that way. 0000002778 00000 n Emergency Protective Order (EPO) These are three-day orders, and expire after 72 hours. If that still exists, the person that the protective order is going to be against has the opportunity to also present evidence and to argue that the protective order is no longer needed. It is important that each party to a Protective Order have an attorney at the hearing. This order will most likely be requested by a law enforcement officer if an arrest has been made or if the officer finds that there is probable danger of … One copy of the order shall be given to the allegedly abused person when it is issued, and one copy shall be filed with the written report required by subsection D of § 19.2-81.3. The law enforcement officer must assert under oath that an assault and battery against a family or household member has taken place. "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. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff's office. Granting the family or household member possession of the premises occupied by the parties to the exclusion of the respondent; however, no such grant of possession shall affect title to any real or personal property; and. The protective order shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the two-year period if no date is specified. 0000047654 00000 n When a law-enforcement officer or an allegedly abused person asserts under oath to a judge or magistrate, and on that assertion or other evidence the judge or magistrate (i) finds that a warrant for a violation of § 18.2-57.2 has been issued or issues a warrant for violation of § 18.2-57.2 and finds that there is probable danger of further acts of family abuse against a family or household member by the respondent or (ii) finds that reasonable grounds exist to believe that the respondent has committed family abuse and there is probable danger of a further such offense against a family or household member by the respondent, the judge or magistrate shall issue an ex parte emergency protective order, except if the respondent is a minor, an emergency protective order shall not be required, imposing one or more of the following conditions on the respondent: 1. 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