2006 Code of Virginia § 16.1-279.1 - Protective order in cases of family abuse

16.1-279.1. Protective order in cases of family abuse.

A. In cases of family abuse, the court may issue a protective order toprotect the health and safety of the petitioner and family or householdmembers of the petitioner. A protective order issued under this section mayinclude any one or more of the following conditions to be imposed on therespondent:

1. Prohibiting acts of family abuse;

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;

3. Granting the petitioner possession of the residence occupied by theparties to the exclusion of the respondent; however, no such grant ofpossession shall affect title to any real or personal property;

4. Enjoining the respondent from terminating any necessary utility service tothe residence to which the petitioner was granted possession pursuant tosubdivision 3 or, where appropriate, ordering the respondent to restoreutility services to that residence;

5. 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 respondent; however, no such grant of possession or useshall affect title to the vehicle;

6. Requiring that the respondent provide suitable alternative housing for thepetitioner and, if appropriate, any other family or household member andwhere appropriate, requiring the respondent to pay deposits to connect orrestore necessary utility services in the alternative housing provided;

7. Ordering the respondent to participate in treatment, counseling or otherprograms as the court deems appropriate; and

8. Any other relief necessary for the protection of the petitioner and familyor household members of the petitioner, including a provision for temporarycustody or visitation of a minor child.

A1. If a protective order is issued pursuant to subsection A of this section,the court may also issue a temporary child support order for the support ofany children of the petitioner whom the respondent has a legal obligation tosupport. Such order shall terminate upon the determination of supportpursuant to 20-108.1.

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 copyof the 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 in the system as described above.

C. Except as otherwise provided in 16.1-253.2, a violation of a protectiveorder issued under 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 juvenile and domestic relationsdistrict court by filing with the court an attested or exemplified copy ofthe order. Upon such a filing, the clerk shall forward forthwith an attestedcopy of the order to the local police department or sheriff's office whichshall, upon receipt, enter the name of the person subject to the order andother appropriate information required by the Department of State Police intothe Virginia Criminal Information Network system established and maintainedby the 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.

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 dissolveor modify a protective order shall be given precedence on the docket of thecourt.

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

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

(1984, c. 631; 1987, c. 497; 1992, c. 886; 1994, cc. 360, 521, 739, 907;1996, cc. 866, 900, 945; 1997, c. 603; 1998, c. 684; 2000, cc. 34, 654; 2002,cc. 508, 810, 818; 2004, cc. 972, 980; 2006, c. 308.)

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