146, 637, 827; 2014, c. 346; 2016, c. 455; 2018, c. 652. 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, … 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. B. 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. 19, 188. (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. 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. 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. 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. 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. G. Where adult protective services are rendered on the basis of an emergency order, the temporary guardian or temporary conservator shall submit to the court a report describing the circumstances thereof including the name, place, date and nature of the services provided. J. C. An emergency protective order issued pursuant to this section shall expire at 11:59 p.m. on the third day following issuance. §19.2-152.10). Site developed by the Division of Legislative Automated Systems (DLAS). The original copy shall be filed with the clerk of the appropriate district court within five business days of the issuance of the order. be written on the Preliminary Protective Order. Jurisdiction . Pursuant to Va. Code § 16.1-241(M), the judges of the Juvenile and Domestic Relations The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. The offender does not need to be present to have the protective order issued. 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 § 19.2-152.9 or 19.2-152.10, 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. B. 1/21/2021. 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. Protective Orders. of Title 52 and the order shall be served forthwith upon the respondent. Welfare (Social Services) » Subtitle III. Prohibiting acts of violence, force, or threat or criminal offenses that may result in injury to person or property; 2. In cases of family abuse, including any case involving an incarcerated or recently incarcerated respondent against whom a preliminary protective order has been issued pursuant to § 16.1-253.1, the court may issue a protective order to protect the health and safety of the petitioner and family or household members of the … 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 … 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. 2. The hearing on the motion shall be given precedence on the docket of the court. 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. This includes orders issued pursuant to Va. 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. Emergency order for adult protective services. 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. 507, 706, 810, 818; 2003, c. 730; 2008, cc. Virginia Code Sections 19.2-152.8 (non-family/household member cases) and 16.1-253.4 (family/household member cases) set the standards for when an emergency protective order may be received. Terminology "Emergency protective order" refers to the temporary protective order entered after a W. Va. Code §48-27-203 emergency hearing. 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. Commonwealth of Virginia Va. Code §§ 16.1-241(M), 16.1-253.1, 16.1-279.1. 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. The Virginia Law website data is available via a web service. 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. 7. 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. Emergency protective orders authorized. Virginia … The respondent may at any time file a motion with the court requesting a hearing to dissolve or modify the order. Hearing Date and Time ..... [ ] General District Court [ ] Circuit Court ... [ ] A protective order of any type involving the parties is currently in effect. It is important that each party to a Protective Order have an attorney at the hearing. 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. 4. Virginia Code § 16.1-264 provides that a law-enforcement officer may effect service of an emergency protective order by personally serving the respondent with a notification of the issuance of the order. As with family abuse protective orders in Virginia, the courts can issue an emergency protective order when courts are closed, temporary protective order, and/or permanent protective orders. 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.