2006 Code of Virginia § 19.2-152.8 - Emergency protective orders authorized in cases of stalking and acts of violence

19.2-152.8. Emergency protective orders authorized in cases of stalking andacts of violence.

A. Any judge of a circuit court, general district court, juvenile anddomestic relations district court or magistrate may issue a written or oralex parte emergency protective order pursuant to this section in order toprotect the health or safety of any person.

B. When a law-enforcement officer, an allegedly stalked person or an allegedvictim of a criminal offense resulting in a serious bodily injury to thealleged victim asserts under oath to a judge or magistrate that such personis being or has been subjected to stalking or a criminal offense resulting ina serious bodily injury to the alleged victim and on that assertion or otherevidence the judge or magistrate finds that (i) there is probable danger of afurther such offense being committed by the respondent against the allegedvictim and (ii) a warrant for the arrest of the respondent has been issued,the judge or magistrate shall issue an ex parte emergency protective orderimposing one or more of the following conditions on the respondent:

1. Prohibiting acts of violence or acts of stalking in violation of 18.2-60.3;

2. Prohibiting such contacts by the respondent with the alleged victim ofsuch crime or such person's family or household members as the judge ormagistrate deems necessary to protect the safety of such persons; and

3. Such other conditions as the judge or magistrate deems necessary toprevent acts of stalking, or criminal offenses resulting in injury to personor property, or communication or other contact of any kind by the respondent.

C. An emergency protective order issued pursuant to this section shall expire72 hours after issuance. If the expiration of the 72-hour period occurs at atime that the court is not in session, the emergency protective order shallbe extended until 5 p.m. of the next business day that the court which issuedthe order is in session. The respondent may at any time file a motion withthe court requesting a hearing to dissolve or modify the order. The hearingon the motion shall be given precedence on the docket of the court.

D. A law-enforcement officer may request an emergency protective orderpursuant to this section orally, in person or by electronic means, and thejudge of a circuit court, general district court, or juvenile and domesticrelations district court or a magistrate may issue an oral emergencyprotective order. An oral emergency protective order issued pursuant to thissection shall be reduced to writing, by the law-enforcement officerrequesting the order or the magistrate, on a preprinted form approved andprovided by the Supreme Court of Virginia. The completed form shall include astatement of the grounds for the order asserted by the officer or the allegedvictim of such crime.

E. Upon receipt of the order by a local law-enforcement agency for service,the agency shall 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 or magistrate may transfer information electronically tothe Virginia Criminal Information Network system. A copy of an emergencyprotective order issued pursuant to this section shall be served upon therespondent as soon as possible, and upon service, the agency making serviceshall enter the date and time of service into the Virginia CriminalInformation Network system. One copy of the order shall be given to thealleged victim of such crime. The judge or magistrate who issues an oralorder pursuant to an electronic request by a law-enforcement officer shallverify the written order to determine whether the officer who reduced it towriting accurately transcribed the contents of the oral order. The originalcopy shall be filed with the clerk of the appropriate district court withinfive business days of the issuance of the order. If the order is laterdissolved or modified, a copy of the dissolution or modification order shallbe forwarded and entered in the system as described above. Upon request, theclerk shall provide the alleged victim of such crime with informationregarding the date and time of service.

F. The issuance of an emergency protective order shall not be consideredevidence of any wrongdoing by the respondent.

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 orsheriff's office which is part of or administered by the Commonwealth or anypolitical subdivision thereof and who is responsible for the prevention anddetection of crime and the enforcement of the penal, traffic or highway lawsof the Commonwealth and (ii) member of an auxiliary police force establishedpursuant to subsection B of 15.2-1731. Part-time employees are compensatedofficers who are not full-time employees as defined by the employing policedepartment or sheriff's office.

H. 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.

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

J. No fee shall be charged for filing or serving any petition pursuant tothis section.

(1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2001, c. 474; 2002, cc. 507,706, 810, 818; 2003, c. 730.)