2006 Code of Virginia § 19.2-152.10 - Protective order in cases of stalking and acts of violence

19.2-152.10. Protective order in cases of stalking and acts of violence.

A. The court may issue a protective order pursuant to this chapter to protectthe health and safety of the petitioner and family or household members of apetitioner upon (i) the issuance of a warrant for a criminal offenseresulting in a serious bodily injury to the petitioner, or a violation of 18.2-60.3, (ii) a hearing held pursuant to subsection D of 19.2-152.9, or(iii) a conviction for a criminal offense resulting in a serious bodilyinjury to the petitioner, or a violation of 18.2-60.3. A protective orderissued under this section may include any one or more of the followingconditions to be imposed on the respondent:

1. Prohibiting criminal offenses that may result in injury to person orproperty, or acts of stalking in violation of 18.2-60.3;

2. Prohibiting such contacts by the respondent with the petitioner or familyor household members of the petitioner as the court deems necessary for thehealth or safety of such persons; and

3. Any other relief necessary to prevent criminal offenses that may result ininjury to person or property, or acts of stalking, communication or othercontact of any kind by the respondent.

B. The protective order may be issued for a specified period; however, unlessotherwise authorized by law, a protective order may not be issued under thissection for a period longer than two years. A copy of the protective ordershall be served on the respondent and provided to the petitioner as soon aspossible. The clerk shall upon receipt forward forthwith an attested copy ofthe order to the local police department or sheriff's office which shall,upon receipt, enter the name of the person subject to the order and otherappropriate information required by the Department of State Police into theVirginia Criminal Information Network system established and maintained bythe Department pursuant to Chapter 2 ( 52-12 et seq.) of Title 52. Wherepractical, the court may transfer information electronically to the VirginiaCriminal Information Network system. If the order is later dissolved ormodified, a copy of the dissolution or modification order shall also beattested, forwarded and entered into the system as described above.

C. Except as otherwise provided, a violation of a protective order issuedunder this section shall constitute contempt of court.

D. The court may assess costs and attorneys' fees against either partyregardless of whether an order of protection has been issued as a result of afull hearing.

E. Any judgment, order or decree, whether permanent or temporary, issued by acourt of appropriate jurisdiction in another state, the United States or anyof its territories, possessions or Commonwealths, the District of Columbia orby any tribal court of appropriate jurisdiction for the purpose of preventingviolent or threatening acts or harassment against or contact or communicationwith or physical proximity to another person, including any of the conditionsspecified in subsection A, shall be accorded full faith and credit andenforced in the Commonwealth as if it were an order of the Commonwealth,provided reasonable notice and opportunity to be heard were given by theissuing jurisdiction to the person against whom the order is sought to beenforced sufficient to protect such person's due process rights andconsistent with federal law. A person entitled to protection under such aforeign order may file the order in any appropriate district court by filingwith the court, an attested or exemplified copy of the order. Upon such afiling, the clerk shall forward forthwith an attested copy of the order tothe local police department or sheriff's office which shall, upon receipt,enter the name of the person subject to the order and other appropriateinformation required by the Department of State Police into the VirginiaCriminal Information Network system established and maintained by theDepartment pursuant to Chapter 2 ( 52-12 et seq.) of Title 52.

Upon inquiry by any law-enforcement agency of the Commonwealth, the clerkshall make a copy available of any foreign order filed with that court. Alaw-enforcement officer may, in the performance of his duties, rely upon acopy of a foreign protective order or other suitable evidence which has beenprovided to him by any source and may also rely upon the statement of anyperson protected by the order that the order remains in effect.

F. Either party may at any time file a written motion with the courtrequesting a hearing to dissolve or modify the order. Proceedings to modifyor dissolve a protective order shall be given precedence on the docket of thecourt.

G. Neither a law-enforcement agency, the attorney for the Commonwealth, acourt nor the clerk's office, nor any employee of them, may disclose, exceptamong themselves, the residential address, telephone number, or place ofemployment of the person protected by the order or that of the family of suchperson, except to the extent that disclosure is (i) required by law or theRules of the Supreme Court, (ii) necessary for law-enforcement purposes, or(iii) permitted by the court for good cause.

H. No fees shall be charged for filing or serving petitions pursuant to thissection.

I. As used in this section, "copy" includes a facsimile copy.

(1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2002, cc. 507, 810, 818;2003, c. 730.)