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Abuse Laws
Virginia
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Criminal Offenses:
Protective Orders:
§ 18.2-57.2. Assault and battery
against a family or household member.
A. Any person who commits an assault and battery against a
family or household member shall be guilty of a Class 1 misdemeanor.
B. On a third or subsequent conviction for assault and battery
against a family or household member, where it is alleged in
the warrant, information, or indictment on which a person is
convicted, that (i) such person has been previously convicted
twice of assault and battery against a family or household member,
or of a similar offense under the law of any other jurisdiction,
within ten years of the third or subsequent offense, and (ii)
each such assault and battery occurred on different dates, such
person shall be guilty of a Class 6 felony.
C. Whenever a warrant for a violation of this section is issued,
the magistrate shall issue an emergency protective order as
authorized by § 16.1-253.4, except if the defendant is
a minor, an emergency protective order shall not be required.
D. The definition of "family or household member" in §
16.1-228 applies to this section.
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§ 19.2-81.3. Arrest
without a warrant authorized in cases of assault and battery
against a family or household member and stalking and for violations
of protective orders; procedure, etc.
A. Any law-enforcement officer, as defined in §
19.2-81, may arrest without a warrant for an alleged violation
of §§ 18.2-57.2, 18.2-60.4 or § 16.1-253.2 regardless
of whether such violation was committed in his presence, if
such arrest is based on probable cause or upon personal observations
or the reasonable complaint of a person who observed the alleged
offense or upon personal investigation.
B. A law-enforcement officer having probable cause
to believe that a violation of § 18.2-57.2 or § 16.1-253.2
has occurred shall arrest and take into custody the person he
has probable cause to believe, based on the totality of the
circumstances, was the primary physical aggressor unless there
are special circumstances which would dictate a course of action
other than an arrest.
C. Regardless of whether an arrest is made, the
officer shall file a written report with his department of any
incident in which he has probable cause to believe family abuse
has occurred, including, where required, a statement in writing
that there are special circumstances which would dictate a course
of action other than an arrest. Upon request of the allegedly
abused person, the department shall make a summary of the report
available to the allegedly abused person. The officer shall
also provide the allegedly abused person, both orally and in
writing, information regarding the legal and community resources
available to the allegedly abused person.
D. In every case in which a law-enforcement officer
makes an arrest under this section, he shall petition for an
emergency protective order as authorized in § 16.1-253.4
when the person arrested and taken into custody is brought before
the magistrate, except if the person arrested is a minor, a
petition for an emergency protective order shall not be required.
Regardless of whether an arrest is made, if the officer has
probable cause to believe that a danger of acts of family abuse
exists, the law-enforcement officer shall seek an emergency
protective order under § 16.1-253.4, except if the suspected
abuser is a minor, a petition for an emergency protective order
shall not be required.
E. A law-enforcement officer investigating any
complaint of family abuse, including but not limited to assault
and battery against a family or household member may, upon request,
transport, or arrange for the transportation of an abused person
to a hospital, safe shelter, or magistrate. Any local law-enforcement
agency may adopt a policy requiring an officer to transport
or arrange for transportation of an abused person as provided
in this subsection.
F. The definition of "family or household member"
in § 16.1-228 applies to this section.
G. As used in this section, a "law-enforcement
officer" means (i) any full-time or part-time employee of a
police department or sheriff's office which is part of or administered
by the Commonwealth or any political subdivision thereof and
who is responsible for the prevention and detection of crime
and the enforcement of the penal, traffic or highway laws of
this Commonwealth and (ii) any member of an auxiliary police
force established pursuant to subsection B of § 15.2-1731.
Part-time employees are compensated officers who are not full-time
employees as defined by the employing police department or sheriff's
office.
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§ 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 may issue a preliminary
protective order against an allegedly abusing person in order
to protect the health and safety of the petitioner or any family
or household member of the petitioner. The order may be issued
in an ex parte proceeding upon good cause shown when the petition
is supported by an affidavit or sworn testimony before the judge
or intake officer. Immediate and present danger of family abuse
or evidence sufficient to establish probable cause that family
abuse has recently occurred shall constitute good cause.
A preliminary protective order may include any
one or more of the following conditions 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 deems appropriate.
3. Prohibiting such other contacts with the allegedly
abused family or household member as the court deems necessary
to protect the safety of such persons.
4. Granting the petitioner possession of the premises
occupied by the parties to the exclusion of the allegedly abusing
person; however, no such grant of possession shall affect title
to any real or personal property.
5. Granting the petitioner temporary possession
or use of a motor vehicle owned by the petitioner alone or jointly
owned by the parties to the exclusion of the allegedly abusing
person; however, no such grant of possession or use shall affect
title to the vehicle.
6. Requiring that the allegedly abusing person
provide suitable alternative housing for the petitioner and
any other family or household member, where appropriate.
B. As soon as practicable after 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
other appropriate information required by the Department of
State Police into the Virginia criminal information network
system established and maintained by the Department pursuant
to Chapter 2 (§ 52-12 et seq.) of Title 52. Where feasible
and practical, the court may transfer information electronically
to the Virginia criminal information network system. A copy
of a preliminary protective order shall be served as soon as
possible on the allegedly abusing person in person as provided
in § 16.1-264, and upon service, the agency making service
shall enter the date and time of service into the Virginia criminal
information network system. The preliminary order shall specify
a date for the full hearing. The hearing shall be held within
fifteen days of the issuance of the preliminary order. Upon
request after the order is issued, the clerk shall provide the
petitioner with a copy of the order and information regarding
the date and time of service. The order shall further specify
that either party may at any time file a motion with the court
requesting a hearing to dissolve or modify the order. The hearing
on the motion shall be given precedence on the docket of the
court.
Upon receipt of the return of service or other
proof of service pursuant to subsection C of § 16.1-264,
the clerk shall forward forthwith an attested copy of the preliminary
protective order to the local police department or sheriff's
office which shall, on the date of receipt, enter into the Virginia
criminal information network system any other information required
by the State Police which was not previously entered. If the
order is later dissolved or modified, a copy of the dissolution
or modification order shall also be attested, forwarded and
entered in the Virginia criminal information network system
as described above.
C. The preliminary order is effective upon personal
service on the allegedly abusing person. Except as otherwise
provided in § 16.1-253.2, a violation of the order shall
constitute contempt of court.
D. At a full hearing on the petition, the court
may issue a protective order pursuant to § 16.1-279.1 if
the court finds that the petitioner has proven the allegation
of family abuse by a preponderance of the evidence.
E. As used in this section, "copy" includes a facsimile
copy.
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§ 16.1-253.2. Violation
of provisions of protective orders; penalty.
In addition to any other penalty provided by law,
any person who violates any provision of a protective order
issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4,
16.1-278.14, 16.1-279.1 or subsection B of § 20-103, which
prohibits such person from going or remaining upon land, buildings
or premises or from further acts of family abuse, or which prohibits
contacts between the respondent and the respondent's family
or household member as the court deems appropriate shall be
guilty of a Class 1 misdemeanor. Upon conviction, the person
shall be sentenced to a term of confinement and in no case shall
the entire term imposed be suspended.
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§ 16.1-253.4. Emergency
protective orders authorized in certain cases; penalty.
A. Any judge of a circuit court, general district
court, juvenile and domestic relations district court or magistrate
may issue a written or oral ex parte emergency protective order
pursuant to this section in order to protect the health or safety
of any person.
B. When a law-enforcement officer or an allegedly
abused person asserts under oath to a judge or magistrate, and
on that assertion or other evidence the judge or magistrate
finds that (i) a warrant for a violation of § 18.2-57.2
has been issued and there is probable danger of further acts
of family abuse against a family or household member by the
respondent or (ii) reasonable grounds exist to believe that
the respondent has committed family abuse and there is probable
danger of a further such offense against a family or household
member by the respondent, the judge or magistrate shall issue
an ex parte emergency protective order, except if the respondent
is a minor, an emergency protective order shall not be required,
imposing one or more of the following conditions on the respondent:
1. Prohibiting acts of family abuse;
2. Prohibiting such contacts by the respondent
with family or household members of the respondent as the judge
or magistrate deems necessary to protect the safety of such
persons; and
3. Granting the family or household member possession
of the premises occupied by the parties to the exclusion of
the respondent; however, no such grant of possession shall affect
title to any real or personal property.
C. An emergency protective order issued pursuant
to this section shall expire seventy-two hours after issuance.
If the expiration of the seventy-two-hour period occurs at a
time that the court is not in session, the emergency protective
order shall be extended until 5 p.m. of the next business day
that the juvenile and domestic relations district court is in
session. The respondent may at any time file a motion with the
court requesting a hearing to dissolve or modify the order.
The hearing on the motion shall be given precedence on the docket
of the court.
D. A law-enforcement officer may request an emergency
protective order pursuant to this section and, if the person
in need of protection is physically or mentally incapable of
filing a petition pursuant to § 16.1-253.1 or § 16.1-279.1,
may request the extension of an emergency protective order for
an additional period of time not to exceed seventy-two hours
after expiration of the original order. The request for an emergency
protective order or extension of an order may be made orally,
in person or by electronic means, and the judge of a circuit
court, general district court, or juvenile and domestic relations
district court or a magistrate may issue an oral emergency protective
order. An oral emergency protective order issued pursuant to
this section shall be reduced to writing, by the law-enforcement
officer requesting the order or the magistrate on a preprinted
form approved and provided by the Supreme Court of Virginia.
The completed form shall include a statement of the grounds
for the order asserted by the officer or the allegedly abused
person.
E. As soon as practicable after 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
other appropriate information required by the Department of
State Police into the Virginia criminal information network
system established and maintained by the Department pursuant
to Chapter 2 (§ 52-12 et seq.) of Title 52. A copy of an
emergency protective order issued pursuant to this section shall
be served upon the respondent as soon as possible, and upon
service, the agency making service shall enter the date and
time of service into the Virginia criminal information network
system. One copy of the order shall be given to the allegedly
abused person when it is issued, and one copy shall be filed
with the written report required by § 19.2-81.3 C. The
original copy shall be verified by the judge or magistrate who
issued the order and then filed with the clerk of the juvenile
and domestic relations district court within five business days
of the issuance of the order. If the order is later dissolved
or modified, a copy of the dissolution or modification order
shall also be attested, forwarded and entered in the system
as described above. Upon request, the clerk shall provide the
allegedly abused person with information regarding the date
and time of service.
F. The availability of an emergency protective
order shall not be affectedby the fact that the family or household
member left the premises to avoid the danger of family abuse
by the respondent.
G. The issuance of an emergency protective order
shall not be considered evidence of any wrongdoing by the respondent.
H. As used in this section, a "law-enforcement
officer" means any (i) full-time or part-time employee of a
police department or sheriff's office which is part of or administered
by the Commonwealth or any political subdivision thereof and
who is responsible for the prevention and detection of crime
and the enforcement of the penal, traffic or highway laws of
the Commonwealth and (ii) member of an auxiliary police force
established pursuant to subsection B of § 15.2-1731. Part-time
employees are compensated officers who are not full-time employees
as defined by the employing police department or sheriff's office.
I. As used in this section, "copy" includes a facsimile
copy.
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§ 16.1-279.1. Protective
order in cases of family abuse.
A. In cases of family abuse, the court may issue
a protective order to protect the health and safety of the petitioner
and family or household members of the petitioner. A protective
order issued under this section may include any one or more
of the following conditions to be imposed on the respondent:
1. Prohibiting acts of family abuse;
2. Prohibiting such contacts by the respondent
with the petitioner or family or household members of the petitioner
as the court deems necessary for the health or safety of such
persons;
3. Granting the petitioner possession of the residence
occupied by the parties to the exclusion of the respondent;
however, no such grant of possession shall affect title to any
real or personal property;
4. Granting the petitioner temporary possession
or use of a motor vehicle owned by the petitioner alone or jointly
owned by the parties to the exclusion of the respondent; however,
no such grant of possession or use shall affect title to the
vehicle;
5. Requiring that the respondent provide suitable
alternative housing for the petitioner and, if appropriate,
any other family or household member;
6. Ordering the respondent to participate in treatment,
counseling or other programs as the court deems appropriate;
and
7. Any other relief necessary for the protection
of the petitioner and family or household members of the petitioner,
including a provision for temporary custody or visitation of
a minor child.
B. The protective order may be issued for a specified
period; however, unless otherwise authorized by law, a protective
order may not be issued under this section for a period longer
than two years. A copy of the protective order shall be served
on the respondent and provided to the petitioner as soon as
possible. The clerk shall forward forthwith an attested copy
of the order to the local police department or sheriff's office
which shall, on the date of receipt, enter the name of the person
subject to the order and other appropriate information required
by the Department of State Police into the Virginia criminal
information network system established and maintained by the
Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title
52. Where feasible and practical, the court may transfer information
electronically to the Virginia criminal information network
system. If the order is later dissolved or modified, a copy
of the dissolution or modification order shall also be attested,
forwarded and entered in the system as described above.
C. Except as otherwise provided in § 16.1-253.2,
a violation of a protective order issued under this section
shall constitute contempt of court.
D. The court may assess costs and attorneys' fees
against either party regardless of whether an order of protection
has been issued as a result of a full hearing.
E. Any judgment, order or decree, whether permanent
or temporary, issued by a court of appropriate jurisdiction
in another state, the United States or any of its territories,
possessions or Commonwealths, the District of Columbia or by
any tribal court of appropriate jurisdiction for the purpose
of preventing violent or threatening acts or harassment against
or contact or communication with or physical proximity to another
person, including any of the conditions specified in subsection
A, shall be accorded full faith and credit and enforced in the
Commonwealth as if it were an order of the Commonwealth, provided
reasonable notice and opportunity to be heard were given by
the issuing jurisdiction to the person against whom the order
is sought to be enforced sufficient to protect such person's
due process rights and consistent with federal law. A person
entitled to protection under such a foreign order may file the
order in any juvenile and domestic relations district court
or family court by filing with the court an attested or exemplified
copy of the order. Upon such a filing, the clerk shall forward
forthwith an attested copy of the order to the local police
department or sheriff's office which shall, on the date of receipt,
enter the name of the person subject to the order and other
appropriate information required by the Department of State
Police into the Virginia criminal information network system
established and maintained by the Department pursuant to Chapter
2 (§ 52-12 et seq.) of Title 52. Where feasible and practical,
the court may transfer information electronically to the Virginia
criminal information network system.
Upon inquiry by any law-enforcement agency of the
Commonwealth, the clerk shall make a copy available of any foreign
order filed with that court. A law-enforcement officer may,
in the performance of his duties, rely upon a copy of a foreign
protective order or other suitable evidence which has been provided
to him by any source and may also rely upon the statement of
any person protected by the order that the order remains in
effect.
F. Either party may at any time file a written
motion with the court requesting a hearing to dissolve or modify
the order. Proceedings to dissolve or modify a protective order
shall be given precedence on the docket of the court.
G. As used in this section, "copy" includes a facsimile
copy.
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