2006 Code of Virginia § 19.2-152.9 - Preliminary protective orders in cases of stalking and acts of violence

19.2-152.9. Preliminary protective orders in cases of stalking and acts ofviolence.

A. Upon the filing of a petition alleging that (i) the petitioner is or hasbeen, within a reasonable period of time, subjected to stalking or a criminaloffense resulting in a serious bodily injury to the petitioner, and (ii) awarrant has been issued for the arrest of the alleged perpetrator of such actor acts, the court may issue a preliminary protective order against thealleged perpetrator in order to protect the health and safety of thepetitioner or any family or household member of the petitioner. The order maybe issued in an ex parte proceeding upon good cause shown when the petitionis supported by an affidavit or sworn testimony before the judge or intakeofficer. Immediate and present danger of stalking or another criminal offensethat may result in a serious bodily injury to the petitioner or evidencesufficient to establish probable cause that stalking or a criminal offenseresulting in a serious bodily injury to the petitioner has recently occurredshall constitute good cause.

A preliminary protective order 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 other contacts by the respondent with the petitioner orthe petitioner's family or household members as the court deems necessary forthe health and safety of such persons; and

3. Such other conditions as the court deems necessary to prevent acts ofstalking, criminal offenses that may result in injury to person or property,or communication or other contact of any kind by the respondent.

B. 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 may transfer information electronically to the VirginiaCriminal Information Network system. A copy of a preliminary protective ordershall be served as soon as possible on the alleged stalker in person asprovided in 16.1-264, and upon service, the agency making service shallenter the date and time of service into the Virginia criminal informationnetwork system. The preliminary order shall specify a date for the fullhearing. The hearing shall be held within 15 days of the issuance of thepreliminary order. However, upon motion of the respondent and for good causeshown, the court may continue the hearing. The preliminary order shall remainin effect until the hearing. Upon request after the order is issued, theclerk shall provide the petitioner with a copy of the order and informationregarding the date and time of service. The order shall further specify thateither party may at any time file a motion with the court requesting ahearing to dissolve or modify the order. The hearing on the motion shall begiven precedence on the docket of the court.

Upon receipt of the return of service or other proof of service pursuant tosubsection C of 16.1-264, the clerk shall forward forthwith an attestedcopy of the preliminary protective order to the local police department orsheriff's office which shall, upon receipt, enter into the Virginia CriminalInformation Network system any other information required by the State Policewhich was not previously entered. If the order is later dissolved ormodified, a copy of the dissolution or modification order shall also beattested, forwarded and entered into the Virginia Criminal InformationNetwork system as described above.

C. The preliminary order is effective upon personal service on the allegedperpetrator. Except as otherwise provided in 16.1-253.2, a violation of theorder shall constitute contempt of court.

D. At a full hearing on the petition, the court may issue a protective orderpursuant to 19.2-152.10 if the court finds that the petitioner has proventhe allegation of a criminal offense resulting in a serious bodily injury tothe petitioner or stalking by a preponderance of the evidence.

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

F. 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.

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

(1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2001, c. 101; 2002, cc. 507,810, 818; 2003, c. 730.)