2006 Code of Virginia § 16.1-253.1 - Preliminary protective orders in cases of family abuse; confidentiality

16.1-253.1. Preliminary protective orders in cases of family abuse;confidentiality.

A. Upon the filing of a petition alleging that the petitioner is or has been,within a reasonable period of time, subjected to family abuse, the court mayissue a preliminary protective order against an allegedly abusing person inorder to protect the health and safety of the petitioner or any family orhousehold member of the petitioner. The order may be issued in an ex parteproceeding upon good cause shown when the petition is supported by anaffidavit or sworn testimony before the judge or intake officer. Immediateand present danger of family abuse or evidence sufficient to establishprobable cause that family abuse has recently occurred shall constitute goodcause.

A preliminary protective order may include any one or more of the followingconditions to be imposed on the allegedly abusing person:

1. Prohibiting acts of family abuse.

2. Prohibiting such other contacts between the parties as the court deemsappropriate.

3. Prohibiting such other contacts with the allegedly abused family orhousehold member as the court deems necessary to protect the safety of suchpersons.

4. Granting the petitioner possession of the premises occupied by the partiesto the exclusion of the allegedly abusing person; however, no such grant ofpossession shall affect title to any real or personal property.

5. Enjoining the respondent from terminating any necessary utility service toa premises that the petitioner has been granted possession of pursuant tosubdivision 4 or, where appropriate, ordering the respondent to restoreutility services to such premises.

6. Granting the petitioner temporary possession or use of a motor vehicleowned by the petitioner alone or jointly owned by the parties to theexclusion of the allegedly abusing person; however, no such grant ofpossession or use shall affect title to the vehicle.

7. Requiring that the allegedly abusing person provide suitable alternativehousing for the petitioner and any other family or household member and,where appropriate, requiring the respondent to pay deposits to connect orrestore necessary utility services in the alternative housing provided.

8. Any other relief necessary for the protection of the petitioner and familyor household members of the petitioner.

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 allegedly abusing person in personas provided 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 fifteen 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 in the Virginia Criminal Information Networksystem as described above.

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

D. At a full hearing on the petition, the court may issue a protective orderpursuant to 16.1-279.1 if the court finds that the petitioner has proventhe allegation of family abuse by a preponderance of the evidence.

E. 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.

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

G. No fee shall be charged for filing or serving any petition or orderpursuant to this section.

(1984, c. 631; 1987, c. 497; 1988, c. 165; 1992, c. 886; 1994, c. 907; 1996,c. 866; 1997, c. 603; 1998, c. 684; 2000, cc. 34, 654; 2001, c. 101; 2002,cc. 508, 810, 818; 2006, c. 308.)