{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-253.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-253.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-253.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-253.1.html"}],"law_id":61705,"edition_id":1,"section_id":61705,"structure_id":13976,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","history":"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; 2007, c. 205; 2008, cc. 73, 246; 2009, cc. 343, 732; 2011, cc. 445, 480; 2014, c. 346; 2018, cc. 38, 652; 2019, cc. 197, 718; 2020, c. 137; 2023, cc. 370, 565, 620, 621; 2024, c. 594; 2025, cc. 26, 208, 217.","full_text":"A\n\nUpon the filing of a petition alleging that the petitioner is or has been, within a reasonable period of time, subjected to family abuse, or the filing of a written motion requesting a hearing to extend a protective order pursuant to \u00a7 16.1-279.1 without alleging that the petitioner is or has been, within a reasonable period of time, subject 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, upon evidence of a Military Protective Order issued by a commanding officer in the Armed Forces of the United States, the Virginia National Guard, or the National Guard of any other state in favor of the petitioner or petitioner’s family or household members, or upon the filing of a written motion requesting a hearing to extend a protective order pursuant to \u00a7 16.1-279.1 without alleging that the petitioner is or has been, within a reasonable period of time, subject to family abuse. If an ex parte order is issued without an affidavit or a completed form as prescribed by subsection D of \u00a7 16.1-253.4 being presented, the court, in its order, shall state the basis upon which the order was entered, including a summary of the allegations made and the court’s findings. Immediate and present danger of family abuse or evidence sufficient to establish probable cause that family abuse has recently occurred shall constitute good cause. Any Military Protective Order issued between the parties shall only be admissible or considered as evidence in accordance with the Code of Virginia, the Rules of Evidence of the Supreme Court of Virginia, or relevant Virginia case law.\n\t\t\tEvidence that the petitioner has been subjected to family abuse within a reasonable time and evidence of immediate and present danger of family abuse may be established by a showing that (i) the allegedly abusing person is incarcerated and is to be released from incarceration within 30 days following the petition or has been released from incarceration within 30 days prior to the petition, (ii) the crime for which the allegedly abusing person was convicted and incarcerated involved family abuse against the petitioner, and (iii) the allegedly abusing person has made threatening contact with the petitioner while he was incarcerated, exhibiting a renewed threat to the petitioner of family abuse.\n\t\t\tA preliminary protective order may include any one or more of the following conditions to be imposed on the allegedly abusing person:1\n\nProhibiting acts of family abuse or criminal offenses that result in injury to person or property.2\n\nProhibiting 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\n\nGranting 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.4\n\nEnjoining the respondent from terminating any necessary utility service to a premises that the petitioner has been granted possession of pursuant to subdivision 3 or, where appropriate, ordering the respondent to restore utility services to such premises.5\n\nGranting the petitioner and, where appropriate, any other family or household member of the petitioner, exclusive use and possession of a cellular telephone number or electronic device and the password to such device. The court may enjoin the respondent from terminating a cellular telephone number or electronic device before the expiration of the contract term with a third-party provider. The court may enjoin the respondent from using a cellular telephone or other electronic device to locate or surveille the petitioner.6\n\nGranting 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.7\n\nRequiring that the allegedly abusing person provide suitable alternative housing for the petitioner and any other family or household member and, where appropriate, requiring the respondent to pay deposits to connect or restore necessary utility services in the alternative housing provided.8\n\nGranting the petitioner the possession of any companion animal as defined in § 3.2-6500 if such petitioner meets the definition of owner in § 3.2-6500.9\n\nAny other relief necessary for the protection of the petitioner and family or household members of the petitioner.\n\t\t\t\tIn addition, if the respondent is a juvenile, the court may, upon its own motion or upon the motion of the attorney or guardian ad litem representing the respondent, enter an order requiring the local board of social services to provide services to the child and family.B\n\nThe court shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer electronically to the Virginia Criminal Information Network the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court. A copy of a preliminary protective order containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on the allegedly abusing person in person as provided in § 16.1-264 and due return made to the court. However, if the order is issued by the circuit court, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court to the primary law-enforcement agency providing service and entry of protective orders and upon receipt of the order, the primary law-enforcement 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 established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on the allegedly abusing person in person as provided in § 16.1-264. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court. The preliminary order shall specify a date for the full hearing. The hearing shall be held within 15 days of the issuance of the preliminary order, unless the hearing has been continued pursuant to this subsection or court is closed pursuant to § 16.1-69.35 or 17.1-207 and such closure prevents the hearing from being held within such time period, in which case the hearing shall be held on the next day not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed. If such court is closed pursuant to § 16.1-69.35 or 17.1-207, the preliminary protective order shall remain in full force and effect until it is dissolved by such court, until another preliminary protective order is entered, or until a protective order is entered. If the respondent fails to appear at this hearing because the respondent was not personally served, or if personally served was incarcerated and not transported to the hearing, the court may extend the protective order for a period not to exceed six months. The extended protective order shall be served forthwith on the respondent. However, where the respondent shows good cause, the court may continue the hearing. The preliminary order shall remain in effect until the hearing. 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 petitioner’s motion to dissolve the preliminary protective order, a dissolution order may be issued ex parte by the court with or without a hearing. If an ex parte hearing is held, it shall be heard by the court as soon as practicable. If a dissolution order is issued ex parte, the court shall serve a copy of such dissolution order on respondent in conformity with §§ 8.01-286.1 and 8.01-296.\n\t\t\tUpon receipt of the return of service or other proof of service pursuant to subsection C of § 16.1-264, the clerk shall forthwith forward an attested copy of the preliminary protective order to the primary law-enforcement agency, and the agency shall forthwith verify and enter any modification as necessary into the Virginia Criminal Information Network as described above. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested, forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders, and upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described above and the order shall be served forthwith and due return made to the court.C\n\nThe 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\n\nIn the event that the allegedly abused person is a minor and an emergency protective order was issued pursuant to § 16.1-253.4 for the protection of such minor and the respondent is a parent, guardian, or person standing in loco parentis, the attorney for the Commonwealth or a law-enforcement officer may file a petition on behalf of such minor as his next friend before such emergency protective order expires or within 24 hours of the expiration of such emergency protective order.E\n\nAt 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.F\n\nNeither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk’s office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.G\n\nAs used in this section, “copy” includes a facsimile copy.H\n\nNo fee shall be charged for filing or serving any petition or order pursuant to this section.I\n\nUpon issuance of a preliminary protective order, the clerk of the court shall make available to the petitioner information that is published by the Department of Criminal Justice Services for victims of domestic violence or for petitioners in protective order cases.J\n\nThe respondent may be required to notify the court in writing within seven days of any change of residence while the preliminary protective order is in effect, provided that the respondent has been served a copy of such order in accordance with the provisions of this section. Any failure of a respondent to make such required notification shall be punishable by contempt.","order_by":null,"text":{"0":{"id":225295,"text":"Upon the filing of a petition alleging that the petitioner is or has been, within a reasonable period of time, subjected to family abuse, or the filing of a written motion requesting a hearing to extend a protective order pursuant to \u00a7 16.1-279.1 without alleging that the petitioner is or has been, within a reasonable period of time, subject 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, upon evidence of a Military Protective Order issued by a commanding officer in the Armed Forces of the United States, the Virginia National Guard, or the National Guard of any other state in favor of the petitioner or petitioner’s family or household members, or upon the filing of a written motion requesting a hearing to extend a protective order pursuant to \u00a7 16.1-279.1 without alleging that the petitioner is or has been, within a reasonable period of time, subject to family abuse. If an ex parte order is issued without an affidavit or a completed form as prescribed by subsection D of \u00a7 16.1-253.4 being presented, the court, in its order, shall state the basis upon which the order was entered, including a summary of the allegations made and the court’s findings. Immediate and present danger of family abuse or evidence sufficient to establish probable cause that family abuse has recently occurred shall constitute good cause. Any Military Protective Order issued between the parties shall only be admissible or considered as evidence in accordance with the Code of Virginia, the Rules of Evidence of the Supreme Court of Virginia, or relevant Virginia case law.\n\t\t\tEvidence that the petitioner has been subjected to family abuse within a reasonable time and evidence of immediate and present danger of family abuse may be established by a showing that (i) the allegedly abusing person is incarcerated and is to be released from incarceration within 30 days following the petition or has been released from incarceration within 30 days prior to the petition, (ii) the crime for which the allegedly abusing person was convicted and incarcerated involved family abuse against the petitioner, and (iii) the allegedly abusing person has made threatening contact with the petitioner while he was incarcerated, exhibiting a renewed threat to the petitioner of family abuse.\n\t\t\tA preliminary protective order may include any one or more of the following conditions to be imposed on the allegedly abusing person:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":225296,"text":"Prohibiting acts of family abuse or criminal offenses that result in injury to person or property.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":225297,"text":"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.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":225298,"text":"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.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":225299,"text":"Enjoining the respondent from terminating any necessary utility service to a premises that the petitioner has been granted possession of pursuant to subdivision 3 or, where appropriate, ordering the respondent to restore utility services to such premises.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":225300,"text":"Granting the petitioner and, where appropriate, any other family or household member of the petitioner, exclusive use and possession of a cellular telephone number or electronic device and the password to such device. The court may enjoin the respondent from terminating a cellular telephone number or electronic device before the expiration of the contract term with a third-party provider. The court may enjoin the respondent from using a cellular telephone or other electronic device to locate or surveille the petitioner.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":225301,"text":"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.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":225302,"text":"Requiring that the allegedly abusing person provide suitable alternative housing for the petitioner and any other family or household member and, where appropriate, requiring the respondent to pay deposits to connect or restore necessary utility services in the alternative housing provided.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":225303,"text":"Granting the petitioner the possession of any companion animal as defined in § 3.2-6500 if such petitioner meets the definition of owner in § 3.2-6500.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":225304,"text":"Any other relief necessary for the protection of the petitioner and family or household members of the petitioner.\n\t\t\t\tIn addition, if the respondent is a juvenile, the court may, upon its own motion or upon the motion of the attorney or guardian ad litem representing the respondent, enter an order requiring the local board of social services to provide services to the child and family.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"B"},"10":{"id":225305,"text":"The court shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer electronically to the Virginia Criminal Information Network the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court. A copy of a preliminary protective order containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on the allegedly abusing person in person as provided in § 16.1-264 and due return made to the court. However, if the order is issued by the circuit court, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court to the primary law-enforcement agency providing service and entry of protective orders and upon receipt of the order, the primary law-enforcement 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 established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on the allegedly abusing person in person as provided in § 16.1-264. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court. The preliminary order shall specify a date for the full hearing. The hearing shall be held within 15 days of the issuance of the preliminary order, unless the hearing has been continued pursuant to this subsection or court is closed pursuant to § 16.1-69.35 or 17.1-207 and such closure prevents the hearing from being held within such time period, in which case the hearing shall be held on the next day not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed. If such court is closed pursuant to § 16.1-69.35 or 17.1-207, the preliminary protective order shall remain in full force and effect until it is dissolved by such court, until another preliminary protective order is entered, or until a protective order is entered. If the respondent fails to appear at this hearing because the respondent was not personally served, or if personally served was incarcerated and not transported to the hearing, the court may extend the protective order for a period not to exceed six months. The extended protective order shall be served forthwith on the respondent. However, where the respondent shows good cause, the court may continue the hearing. The preliminary order shall remain in effect until the hearing. 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 petitioner’s motion to dissolve the preliminary protective order, a dissolution order may be issued ex parte by the court with or without a hearing. If an ex parte hearing is held, it shall be heard by the court as soon as practicable. If a dissolution order is issued ex parte, the court shall serve a copy of such dissolution order on respondent in conformity with §§ 8.01-286.1 and 8.01-296.\n\t\t\tUpon receipt of the return of service or other proof of service pursuant to subsection C of § 16.1-264, the clerk shall forthwith forward an attested copy of the preliminary protective order to the primary law-enforcement agency, and the agency shall forthwith verify and enter any modification as necessary into the Virginia Criminal Information Network as described above. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested, forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders, and upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described above and the order shall be served forthwith and due return made to the court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A9","next_prefix":"C"},"11":{"id":225306,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"12":{"id":225307,"text":"In the event that the allegedly abused person is a minor and an emergency protective order was issued pursuant to § 16.1-253.4 for the protection of such minor and the respondent is a parent, guardian, or person standing in loco parentis, the attorney for the Commonwealth or a law-enforcement officer may file a petition on behalf of such minor as his next friend before such emergency protective order expires or within 24 hours of the expiration of such emergency protective order.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"13":{"id":225308,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"14":{"id":225309,"text":"Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk’s office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"15":{"id":225310,"text":"As used in this section, “copy” includes a facsimile copy.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"16":{"id":225311,"text":"No fee shall be charged for filing or serving any petition or order pursuant to this section.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"17":{"id":225312,"text":"Upon issuance of a preliminary protective order, the clerk of the court shall make available to the petitioner information that is published by the Department of Criminal Justice Services for victims of domestic violence or for petitioners in protective order cases.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"18":{"id":225313,"text":"The respondent may be required to notify the court in writing within seven days of any change of residence while the preliminary protective order is in effect, provided that the respondent has been served a copy of such order in accordance with the provisions of this section. Any failure of a respondent to make such required notification shall be punishable by contempt.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":13976,"edition_id":1,"name":"Immediate Custody, Arrest, Detention and Shelter Care","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:46:29","date_modified":"2026-06-26 03:46:29","permalink":{"id":161527,"object_type":"structure","relational_id":13976,"identifier":"4","token":"16.1\/11\/4","url":"\/16.1\/11\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56400,"structure_id":13976,"section_number":"16.1-246","catch_line":"When and how child may be taken into immediate custody","url":"\/16.1-246\/","token":"16.1\/11\/4\/16.1-246","metadata":false},{"id":55210,"structure_id":13976,"section_number":"16.1-247","catch_line":"Duties of person taking child into custody","url":"\/16.1-247\/","token":"16.1\/11\/4\/16.1-247","metadata":false},{"id":55045,"structure_id":13976,"section_number":"16.1-247.1","catch_line":"Custodial interrogation of a child; parental notification and contact; inadmissibility of statement","url":"\/16.1-247.1\/","token":"16.1\/11\/4\/16.1-247.1","metadata":false},{"id":57660,"structure_id":13976,"section_number":"16.1-248","catch_line":"Repealed","url":"\/16.1-248\/","token":"16.1\/11\/4\/16.1-248","metadata":false},{"id":66525,"structure_id":13976,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","url":"\/16.1-248.1\/","token":"16.1\/11\/4\/16.1-248.1","metadata":false},{"id":85303,"structure_id":13976,"section_number":"16.1-248.2","catch_line":"Mental health screening and assessment for certain juveniles","url":"\/16.1-248.2\/","token":"16.1\/11\/4\/16.1-248.2","metadata":false},{"id":77469,"structure_id":13976,"section_number":"16.1-248.3","catch_line":"Medical records of juveniles in secure facility","url":"\/16.1-248.3\/","token":"16.1\/11\/4\/16.1-248.3","metadata":false},{"id":56829,"structure_id":13976,"section_number":"16.1-249","catch_line":"Places of confinement for juveniles","url":"\/16.1-249\/","token":"16.1\/11\/4\/16.1-249","metadata":false},{"id":70154,"structure_id":13976,"section_number":"16.1-249.1","catch_line":"Places of confinement to give notice of intake of certain persons","url":"\/16.1-249.1\/","token":"16.1\/11\/4\/16.1-249.1","metadata":false},{"id":76378,"structure_id":13976,"section_number":"16.1-250","catch_line":"Procedure for detention hearing","url":"\/16.1-250\/","token":"16.1\/11\/4\/16.1-250","metadata":false},{"id":59519,"structure_id":13976,"section_number":"16.1-250.1","catch_line":"Repealed","url":"\/16.1-250.1\/","token":"16.1\/11\/4\/16.1-250.1","metadata":false},{"id":55186,"structure_id":13976,"section_number":"16.1-251","catch_line":"Emergency removal order","url":"\/16.1-251\/","token":"16.1\/11\/4\/16.1-251","metadata":false},{"id":70845,"structure_id":13976,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","url":"\/16.1-252\/","token":"16.1\/11\/4\/16.1-252","metadata":false},{"id":62537,"structure_id":13976,"section_number":"16.1-253","catch_line":"Preliminary protective order","url":"\/16.1-253\/","token":"16.1\/11\/4\/16.1-253","metadata":false},{"id":61705,"structure_id":13976,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","url":"\/16.1-253.1\/","token":"16.1\/11\/4\/16.1-253.1","metadata":false},{"id":82642,"structure_id":13976,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","url":"\/16.1-253.2\/","token":"16.1\/11\/4\/16.1-253.2","metadata":false},{"id":56938,"structure_id":13976,"section_number":"16.1-253.3","catch_line":"Repealed","url":"\/16.1-253.3\/","token":"16.1\/11\/4\/16.1-253.3","metadata":false},{"id":60177,"structure_id":13976,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","url":"\/16.1-253.4\/","token":"16.1\/11\/4\/16.1-253.4","metadata":false},{"id":65132,"structure_id":13976,"section_number":"16.1-254","catch_line":"Responsibility for and limitation on transportation of children","url":"\/16.1-254\/","token":"16.1\/11\/4\/16.1-254","metadata":false},{"id":82466,"structure_id":13976,"section_number":"16.1-255","catch_line":"Limitation on issuance of detention orders for juveniles; appearance by juvenile","url":"\/16.1-255\/","token":"16.1\/11\/4\/16.1-255","metadata":false},{"id":80695,"structure_id":13976,"section_number":"16.1-256","catch_line":"Limitations as to issuance of warrants for juveniles; detention orders","url":"\/16.1-256\/","token":"16.1\/11\/4\/16.1-256","metadata":false},{"id":82001,"structure_id":13976,"section_number":"16.1-257","catch_line":"Interference with or obstruction of officer; concealment or removal of child","url":"\/16.1-257\/","token":"16.1\/11\/4\/16.1-257","metadata":false},{"id":74524,"structure_id":13976,"section_number":"16.1-258","catch_line":"Bonds and forfeitures thereof","url":"\/16.1-258\/","token":"16.1\/11\/4\/16.1-258","metadata":false}],"previous_section":{"id":62537,"structure_id":13976,"section_number":"16.1-253","catch_line":"Preliminary protective order","url":"\/16.1-253\/","token":"16.1\/11\/4\/16.1-253","metadata":false},"next_section":{"id":82642,"structure_id":13976,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","url":"\/16.1-253.2\/","token":"16.1\/11\/4\/16.1-253.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-253.1\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 631 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 22 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1987, chapter 497; in 1988, chapter 165; in 1992, chapter 886; in 1994, chapter 907<\/a>; in 1996, chapter 866<\/a>; in 1997, chapter 603<\/a>; in 1998, chapter 684<\/a>; in 2000, chapters 34<\/a> and 654<\/a>; in 2001, chapter 101<\/a>; in 2002, chapters 508<\/a>, 810<\/a>, and 818<\/a>; in 2006, chapter 308<\/a>; in 2007, chapter 205<\/a>; in 2008, chapters 73<\/a> and 246<\/a>; in 2009, chapters 343<\/a> and 732<\/a>; in 2011, chapters 445<\/a> and 480<\/a>; in 2014, chapter 346<\/a>; in 2018, chapters 38<\/a> and 652<\/a>; in 2019, chapters 197<\/a> and 718<\/a>; in 2020, chapter 137<\/a>; in 2023, chapters 370<\/a>, 565<\/a>, 620<\/a>, and 621<\/a>; in 2024, chapter 594<\/a>; in 2025, chapters 26<\/a>, 208<\/a>, and 217<\/a>.<\/p>","references":[{"id":74490,"section_number":"15.2-1704","catch_line":"Powers and duties of police force","order_by":null,"url":"\/15.2-1704\/"},{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":59845,"section_number":"16.1-245.1","catch_line":"Medical evidence admissible in juvenile and domestic relations district court","order_by":null,"url":"\/16.1-245.1\/"},{"id":82642,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","order_by":null,"url":"\/16.1-253.2\/"},{"id":60177,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","order_by":null,"url":"\/16.1-253.4\/"},{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":62830,"section_number":"16.1-266.2","catch_line":"Appointment of pro bono counsel by judges of the First and Second Judicial District in certain cases","order_by":null,"url":"\/16.1-266.2\/"},{"id":62456,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","order_by":null,"url":"\/16.1-279.1\/"},{"id":76989,"section_number":"18.2-119","catch_line":"Trespass after having been forbidden to do so; penalties","order_by":null,"url":"\/18.2-119\/"},{"id":72509,"section_number":"18.2-308.1:4","catch_line":"Purchase or transportation of firearm by persons subject to protective orders; penalties","order_by":null,"url":"\/18.2-308.1_4\/"},{"id":68255,"section_number":"18.2-60.5","catch_line":"Unauthorized use of electronic tracking device; penalty","order_by":null,"url":"\/18.2-60.5\/"},{"id":55596,"section_number":"22.1-279.3:2","catch_line":"Public elementary and secondary school students; protective orders; notification","order_by":null,"url":"\/22.1-279.3_2\/"},{"id":68972,"section_number":"55.1-1236","catch_line":"Early termination of rental agreements by victims of family abuse, sexual abuse or other criminal sexual assault, or stalking","order_by":null,"url":"\/55.1-1236\/"},{"id":60662,"section_number":"55.1-1245","catch_line":"(Effective the later of July 1, 2028, or 7 years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty","order_by":null,"url":"\/55.1-1245\/"},{"id":81084,"section_number":"63.2-1521","catch_line":"Testimony by child using two-way closed-circuit television","order_by":null,"url":"\/63.2-1521\/"}],"refers_to":[{"id":82642,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","order_by":null,"url":"\/16.1-253.2\/"},{"id":60177,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","order_by":null,"url":"\/16.1-253.4\/"},{"id":75806,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","order_by":null,"url":"\/16.1-264\/"},{"id":62456,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","order_by":null,"url":"\/16.1-279.1\/"},{"id":74349,"section_number":"16.1-69.35","catch_line":"Administrative duties of chief district judge","order_by":null,"url":"\/16.1-69.35\/"},{"id":81009,"section_number":"17.1-207","catch_line":"Days of operation of clerks' offices","order_by":null,"url":"\/17.1-207\/"},{"id":86401,"section_number":"3.2-6500","catch_line":"Definitions","order_by":null,"url":"\/3.2-6500\/"},{"id":60818,"section_number":"52-12","catch_line":"Establishment of State Police communication system","order_by":null,"url":"\/52-12\/"},{"id":82871,"section_number":"8.01-286.1","catch_line":"Service of process; waiver, duty to save costs, request to waive, how served","order_by":null,"url":"\/8.01-286.1\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"}],"permalink":{"id":161585,"object_type":"law","relational_id":61705,"identifier":"16.1-253.1","token":"16.1\/11\/4\/16.1-253.1","url":"\/16.1-253.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-253.1\/","token":"16.1\/11\/4\/16.1-253.1","dublin_core":{"Title":"Preliminary protective orders in cases of family abuse; confidentiality","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-253.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the filing of a petition<\/span> alleging that the petitioner is or has been, within a reasonable period of time, subjected to family abuse<\/span>, or the filing of a written motion<\/span> requesting a hearing<\/span> to extend a protective order<\/span> pursuant to \u00a7 16.1-279.1<\/a> without alleging that the petitioner is or has been, within a reasonable period of time, subject to family abuse<\/span>, the court<\/span> may issue<\/span> a preliminary protective order<\/span> against an allegedly abusing person in order<\/span> to protect the health and safety of the petitioner or any family or household member<\/span> of the petitioner. The order<\/span> may be issued in an ex parte<\/span> proceeding upon good cause shown when the petition<\/span> is supported by an affidavit<\/span> or sworn testimony<\/span> before the judge<\/span> or intake officer<\/span>, upon evidence<\/span> of a Military Protective Order<\/span> issued by a commanding officer in the Armed Forces of the United States, the Virginia National Guard, or the National Guard of any other state in favor of the petitioner or petitioner’s family or household members<\/span>, or upon the filing of a written motion<\/span> requesting a hearing<\/span> to extend a protective order<\/span> pursuant to \u00a7 16.1-279.1<\/a> without alleging that the petitioner is or has been, within a reasonable period of time, subject to family abuse<\/span>. If an ex parte<\/span> order<\/span> is issued without an affidavit<\/span> or a completed form as prescribed by subsection D of \u00a7 16.1-253.4<\/a> being presented, the court<\/span>, in its order<\/span>, shall state the basis upon which the order<\/span> was entered, including a summary of the allegations<\/span> made and the court<\/span>’s findings<\/span>. Immediate and present danger of family abuse<\/span> or evidence<\/span> sufficient to establish probable cause<\/span> that family abuse<\/span> has recently occurred shall constitute good cause. Any Military Protective Order<\/span> issued between the parties shall only be admissible<\/span> or considered as evidence<\/span> in accordance with the Code of Virginia, the Rules of Evidence<\/span> of the Supreme Court of Virginia, or relevant Virginia case law<\/span>.\n\t\t\tEvidence<\/span> that the petitioner has been subjected to family abuse<\/span> within a reasonable time and evidence<\/span> of immediate and present danger of family abuse<\/span> may be established by a showing that (i) the allegedly abusing person is incarcerated and is to be released from incarceration within 30 days following the petition<\/span> or has been released from incarceration within 30 days prior to the petition<\/span>, (ii) the crime<\/span> for which the allegedly abusing person was convicted and incarcerated involved family abuse<\/span> against the petitioner, and (iii) the allegedly abusing person has made threatening contact with the petitioner while he was incarcerated, exhibiting a renewed threat to the petitioner of family abuse<\/span>.\n\t\t\tA preliminary protective order<\/span> may include any one or more of the following conditions to be imposed on the allegedly abusing person: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Prohibiting acts of family abuse<\/span> or criminal offenses<\/span> that result in injury to person or property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Prohibiting such contacts by the respondent with the petitioner or family or household members<\/span> of the petitioner as the court<\/span> deems necessary for the health or safety of such persons. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Granting the petitioner possession<\/span> of the premises occupied by the parties to the exclusion of the allegedly abusing person; however, no such grant of possession<\/span> shall affect title to any real or personal property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Enjoining the respondent from terminating any necessary utility service to a premises that the petitioner has been granted possession<\/span> of pursuant to subdivision 3 or, where appropriate, ordering the respondent to restore utility services to such premises. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Granting the petitioner and, where appropriate, any other family or household member<\/span> of the petitioner, exclusive use and possession<\/span> of a cellular telephone number or electronic device and the password to such device. The court<\/span> may enjoin the respondent from terminating a cellular telephone number or electronic device before the expiration of the contract<\/span> term with a third-party<\/span> provider. The court<\/span> may enjoin the respondent from using a cellular telephone or other electronic device to locate or surveille the petitioner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Granting the petitioner temporary possession<\/span> 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<\/span> or use shall affect title to the vehicle. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Requiring that the allegedly abusing person provide suitable alternative housing for the petitioner and any other family or household member<\/span> and, where appropriate, requiring the respondent to pay deposits to connect or restore necessary utility services in the alternative housing provided. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Granting the petitioner the possession<\/span> of any companion animal as defined in § 3.2-6500<\/a> if such petitioner meets the definition of owner in § 3.2-6500<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Any other relief necessary for the protection of the petitioner and family or household members<\/span> of the petitioner.\n\t\t\t\tIn addition, if the respondent is a juvenile, the court<\/span> may, upon its own motion<\/span> or upon the motion<\/span> of the attorney or guardian ad litem<\/span> representing the respondent, enter an order<\/span> requiring the local board of social services to provide services to the child and family. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> shall forthwith, but in all cases no later than the end of the business day on which the order<\/span> was issued, enter and transfer electronically to the Virginia Criminal Information Network the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court<\/span>. A copy<\/span> of a preliminary protective order<\/span> containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders<\/span>. Upon receipt of the order<\/span> by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department<\/span> of State Police into the Virginia Criminal Information Network established and maintained by the Department<\/span> pursuant to Chapter 2 (§ 52-12<\/a> et seq.) of Title 52 and the order<\/span> shall be served forthwith on the allegedly abusing person in person as provided in § 16.1-264<\/a> and due return made to the court<\/span>. However, if the order<\/span> is issued by the circuit<\/span> court, the clerk of the circuit<\/span> court shall forthwith forward an attested copy<\/span> of the order<\/span> containing the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court<\/span> to the primary law-enforcement agency providing service and entry of protective orders<\/span> and upon receipt of the order<\/span>, the primary law-enforcement agency shall enter the name of the person subject to the order<\/span> and other appropriate information required by the Department<\/span> of State Police into the Virginia Criminal Information Network established and maintained by the Department<\/span> pursuant to Chapter 2 (§ 52-12<\/a> et seq.) of Title 52 and the order<\/span> shall be served forthwith on the allegedly abusing person in person as provided in § 16.1-264<\/a>. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department<\/span> of State Police into the Virginia Criminal Information Network and make due return to the court<\/span>. The preliminary order<\/span> shall specify a date for the full hearing<\/span>. The hearing<\/span> shall be held within 15 days of the issuance of the preliminary order<\/span>, unless the hearing<\/span> has been continued pursuant to this subsection or court is closed pursuant to § 16.1-69.35<\/a> or 17.1-207<\/a> and such closure prevents the hearing<\/span> from being held within such time period, in which case the hearing<\/span> shall be held on the next day not a Saturday, Sunday, legal holiday, or day on which the court<\/span> is lawfully closed. If such court is closed pursuant to § 16.1-69.35<\/a> or 17.1-207<\/a>, the preliminary protective order<\/span> shall remain in full force and effect until it is dissolved by such court, until another preliminary protective order<\/span> is entered, or until a protective order<\/span> is entered. If the respondent fails to appear at this hearing<\/span> because the respondent was not personally served, or if personally served was incarcerated and not transported to the hearing<\/span>, the court<\/span> may extend the protective order<\/span> for a period not to exceed six months. The extended protective order<\/span> shall be served forthwith on the respondent. However, where the respondent shows good cause, the court<\/span> may continue the hearing<\/span>. The preliminary order<\/span> shall remain in effect until the hearing<\/span>. Upon request after the order<\/span> is issued, the clerk shall provide the petitioner with a copy<\/span> of the order<\/span> and information regarding the date and time of service. The order<\/span> shall further specify that either party<\/span> may at any time file a motion<\/span> with the court<\/span> requesting a hearing<\/span> to dissolve or modify the order<\/span>. The hearing<\/span> on the motion<\/span> shall be given precedence on the docket<\/span> of the court<\/span>. Upon petitioner’s motion<\/span> to dissolve the preliminary protective order<\/span>, a dissolution order<\/span> may be issued ex parte<\/span> by the court<\/span> with or without a hearing<\/span>. If an ex parte<\/span> hearing<\/span> is held, it shall be heard by the court<\/span> as soon as practicable. If a dissolution order<\/span> is issued ex parte<\/span>, the court<\/span> shall serve a copy<\/span> of such dissolution order<\/span> on respondent in conformity with §§ 8.01-286.1<\/a> and 8.01-296<\/a>.\n\t\t\tUpon receipt of the return of service or other proof of service<\/span> pursuant to subsection C of § 16.1-264<\/a>, the clerk shall forthwith forward an attested copy<\/span> of the preliminary protective order<\/span> to the primary law-enforcement agency, and the agency shall forthwith verify and enter any modification as necessary into the Virginia Criminal Information Network as described above. If the order<\/span> is later dissolved or modified, a copy<\/span> of the dissolution or modification order<\/span> shall also be attested, forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders<\/span>, and upon receipt of the order<\/span> by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department<\/span> of State Police into the Virginia Criminal Information Network as described above and the order<\/span> shall be served forthwith and due return made to the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The preliminary order<\/span> is effective upon personal service on the allegedly abusing person. Except as otherwise provided in § 16.1-253.2<\/a>, a violation of the order<\/span> shall constitute contempt of court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In the event that the allegedly abused person is a minor<\/span> and an emergency protective order<\/span> was issued pursuant to § 16.1-253.4<\/a> for the protection of such minor<\/span> and the respondent is a parent, guardian, or person standing in loco parentis, the attorney for the Commonwealth or a law-enforcement officer may file a petition<\/span> on behalf of such minor<\/span> as his next friend before such emergency protective order<\/span> expires or within 24 hours of the expiration of such emergency protective order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> At a full hearing<\/span> on the petition<\/span>, the court<\/span> may issue<\/span> a protective order<\/span> pursuant to § 16.1-279.1<\/a> if the court<\/span> finds that the petitioner has proven the allegation<\/span> of family abuse<\/span> by a preponderance of the evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk’s office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order<\/span> or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court<\/span> for good cause. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> As used in this section, “copy<\/span>” includes a facsimile copy<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> No fee shall be charged for filing or serving any petition<\/span> or order<\/span> pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Upon issuance of a preliminary protective order<\/span>, the clerk of the court<\/span> shall make available to the petitioner information that is published by the Department<\/span> of Criminal Justice Services for victims of domestic violence or for petitioners in protective order<\/span> cases. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The respondent may be required to notify the court<\/span> in writing within seven days of any change of residence while the preliminary protective order<\/span> is in effect, provided that the respondent has been served a copy<\/span> of such order<\/span> in accordance with the provisions of this section. Any failure of a respondent to make such required notification shall be punishable by contempt. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRELIMINARY PROTECTIVE ORDERS IN CASES OF FAMILY ABUSE; CONFIDENTIALITY (\u00a7\n16.1-253.1)\n\nA. Upon the filing of a petition alleging that the petitioner is or has been,\nwithin a reasonable period of time, subjected to family abuse, or the filing of\na written motion requesting a hearing to extend a protective order pursuant to\n\u00a7 16.1-279.1 without alleging that the petitioner is or has been, within a\nreasonable period of time, subject to family abuse, the court may issue a\npreliminary protective order against an allegedly abusing person in order to\nprotect the health and safety of the petitioner or any family or household\nmember of the petitioner. The order may be issued in an ex parte proceeding upon\ngood cause shown when the petition is supported by an affidavit or sworn\ntestimony before the judge or intake officer, upon evidence of a Military\nProtective Order issued by a commanding officer in the Armed Forces of the\nUnited States, the Virginia National Guard, or the National Guard of any other\nstate in favor of the petitioner or petitioner’s family or household\nmembers, or upon the filing of a written motion requesting a hearing to extend a\nprotective order pursuant to \u00a7 16.1-279.1 without alleging that the petitioner\nis or has been, within a reasonable period of time, subject to family abuse. If\nan ex parte order is issued without an affidavit or a completed form as\nprescribed by subsection D of \u00a7 16.1-253.4 being presented, the court, in its\norder, shall state the basis upon which the order was entered, including a\nsummary of the allegations made and the court’s findings. Immediate and\npresent danger of family abuse or evidence sufficient to establish probable\ncause that family abuse has recently occurred shall constitute good cause. Any\nMilitary Protective Order issued between the parties shall only be admissible or\nconsidered as evidence in accordance with the Code of Virginia, the Rules of\nEvidence of the Supreme Court of Virginia, or relevant Virginia case law.\n\t\t\tEvidence that the petitioner has been subjected to family abuse within a\nreasonable time and evidence of immediate and present danger of family abuse may\nbe established by a showing that (i) the allegedly abusing person is\nincarcerated and is to be released from incarceration within 30 days following\nthe petition or has been released from incarceration within 30 days prior to the\npetition, (ii) the crime for which the allegedly abusing person was convicted\nand incarcerated involved family abuse against the petitioner, and (iii) the\nallegedly abusing person has made threatening contact with the petitioner while\nhe was incarcerated, exhibiting a renewed threat to the petitioner of family\nabuse.\n\t\t\tA preliminary protective order may include any one or more of the following\nconditions to be imposed on the allegedly abusing person:\n\n 1. Prohibiting acts of family abuse or criminal offenses that result in injury\n to person or property.\n\n 2. Prohibiting such contacts by the respondent with the petitioner or family\n or household members of the petitioner as the court deems necessary for the\n health or safety of such persons.\n\n 3. Granting the petitioner possession of the premises occupied by the parties\n to the exclusion of the allegedly abusing person; however, no such grant of\n possession shall affect title to any real or personal property.\n\n 4. Enjoining the respondent from terminating any necessary utility service to\n a premises that the petitioner has been granted possession of pursuant to\n subdivision 3 or, where appropriate, ordering the respondent to restore\n utility services to such premises.\n\n 5. Granting the petitioner and, where appropriate, any other family or\n household member of the petitioner, exclusive use and possession of a cellular\n telephone number or electronic device and the password to such device. The\n court may enjoin the respondent from terminating a cellular telephone number\n or electronic device before the expiration of the contract term with a\n third-party provider. The court may enjoin the respondent from using a\n cellular telephone or other electronic device to locate or surveille the\n petitioner.\n\n 6. Granting the petitioner temporary possession or use of a motor vehicle\n owned by the petitioner alone or jointly owned by the parties to the exclusion\n of the allegedly abusing person; however, no such grant of possession or use\n shall affect title to the vehicle.\n\n 7. Requiring that the allegedly abusing person provide suitable alternative\n housing for the petitioner and any other family or household member and, where\n appropriate, requiring the respondent to pay deposits to connect or restore\n necessary utility services in the alternative housing provided.\n\n 8. Granting the petitioner the possession of any companion animal as defined\n in § 3.2-6500 if such petitioner meets the definition of owner in §\n 3.2-6500.\n\n 9. Any other relief necessary for the protection of the petitioner and family\n or household members of the petitioner.\n \t\t\t\tIn addition, if the respondent is a juvenile, the court may, upon its own\n motion or upon the motion of the attorney or guardian ad litem representing\n the respondent, enter an order requiring the local board of social services to\n provide services to the child and family.\n\nB. The court shall forthwith, but in all cases no later than the end of the\nbusiness day on which the order was issued, enter and transfer electronically to\nthe Virginia Criminal Information Network the respondent’s identifying\ninformation and the name, date of birth, sex, and race of each protected person\nprovided to the court. A copy of a preliminary protective order containing any\nsuch identifying information shall be forwarded forthwith to the primary\nlaw-enforcement agency responsible for service and entry of protective orders.\nUpon receipt of the order by the primary law-enforcement agency, the agency\nshall forthwith verify and enter any modification as necessary to the\nidentifying information and other appropriate information required by the\nDepartment of State Police into the Virginia Criminal Information Network\nestablished and maintained by the Department pursuant to Chapter 2 (§ 52-12\net seq.) of Title 52 and the order shall be served forthwith on the allegedly\nabusing person in person as provided in § 16.1-264 and due return made to\nthe court. However, if the order is issued by the circuit court, the clerk of\nthe circuit court shall forthwith forward an attested copy of the order\ncontaining the respondent’s identifying information and the name, date of\nbirth, sex, and race of each protected person provided to the court to the\nprimary law-enforcement agency providing service and entry of protective orders\nand upon receipt of the order, the primary law-enforcement agency shall enter\nthe name of the person subject to the order and other appropriate information\nrequired by the Department of State Police into the Virginia Criminal\nInformation Network established and maintained by the Department pursuant to\nChapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served\nforthwith on the allegedly abusing person in person as provided in §\n16.1-264. Upon service, the agency making service shall enter the date and time\nof service and other appropriate information required by the Department of State\nPolice into the Virginia Criminal Information Network and make due return to the\ncourt. The preliminary order shall specify a date for the full hearing. The\nhearing shall be held within 15 days of the issuance of the preliminary order,\nunless the hearing has been continued pursuant to this subsection or court is\nclosed pursuant to § 16.1-69.35 or 17.1-207 and such closure prevents the\nhearing from being held within such time period, in which case the hearing shall\nbe held on the next day not a Saturday, Sunday, legal holiday, or day on which\nthe court is lawfully closed. If such court is closed pursuant to §\n16.1-69.35 or 17.1-207, the preliminary protective order shall remain in full\nforce and effect until it is dissolved by such court, until another preliminary\nprotective order is entered, or until a protective order is entered. If the\nrespondent fails to appear at this hearing because the respondent was not\npersonally served, or if personally served was incarcerated and not transported\nto the hearing, the court may extend the protective order for a period not to\nexceed six months. The extended protective order shall be served forthwith on\nthe respondent. However, where the respondent shows good cause, the court may\ncontinue the hearing. The preliminary order shall remain in effect until the\nhearing. Upon request after the order is issued, the clerk shall provide the\npetitioner with a copy of the order and information regarding the date and time\nof service. The order shall further specify that either party may at any time\nfile a motion with the court requesting a hearing to dissolve or modify the\norder. The hearing on the motion shall be given precedence on the docket of the\ncourt. Upon petitioner’s motion to dissolve the preliminary protective\norder, a dissolution order may be issued ex parte by the court with or without a\nhearing. If an ex parte hearing is held, it shall be heard by the court as soon\nas practicable. If a dissolution order is issued ex parte, the court shall serve\na copy of such dissolution order on respondent in conformity with §§\n8.01-286.1 and 8.01-296.\n\t\t\tUpon receipt of the return of service or other proof of service pursuant to\nsubsection C of § 16.1-264, the clerk shall forthwith forward an attested\ncopy of the preliminary protective order to the primary law-enforcement agency,\nand the agency shall forthwith verify and enter any modification as necessary\ninto the Virginia Criminal Information Network as described above. If the order\nis later dissolved or modified, a copy of the dissolution or modification order\nshall also be attested, forwarded forthwith to the primary law-enforcement\nagency responsible for service and entry of protective orders, and upon receipt\nof the order by the primary law-enforcement agency, the agency shall forthwith\nverify and enter any modification as necessary to the identifying information\nand other appropriate information required by the Department of State Police\ninto the Virginia Criminal Information Network as described above and the order\nshall be served forthwith and due return made to the court.\n\nC. The preliminary order is effective upon personal service on the allegedly\nabusing person. Except as otherwise provided in § 16.1-253.2, a violation\nof the order shall constitute contempt of court.\n\nD. In the event that the allegedly abused person is a minor and an emergency\nprotective order was issued pursuant to § 16.1-253.4 for the protection of\nsuch minor and the respondent is a parent, guardian, or person standing in loco\nparentis, the attorney for the Commonwealth or a law-enforcement officer may\nfile a petition on behalf of such minor as his next friend before such emergency\nprotective order expires or within 24 hours of the expiration of such emergency\nprotective order.\n\nE. At a full hearing on the petition, the court may issue a protective order\npursuant to § 16.1-279.1 if the court finds that the petitioner has proven\nthe allegation of family abuse by a preponderance of the evidence.\n\nF. Neither a law-enforcement agency, the attorney for the Commonwealth, a court\nnor the clerk’s office, nor any employee of them, may disclose, except\namong themselves, the residential address, telephone number, or place of\nemployment of the person protected by the order or that of the family of such\nperson, except to the extent that disclosure is (i) required by law or the Rules\nof the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii)\npermitted by the court for good cause.\n\nG. As used in this section, “copy” includes a facsimile copy.\n\nH. No fee shall be charged for filing or serving any petition or order pursuant\nto this section.\n\nI. Upon issuance of a preliminary protective order, the clerk of the court shall\nmake available to the petitioner information that is published by the Department\nof Criminal Justice Services for victims of domestic violence or for petitioners\nin protective order cases.\n\nJ. The respondent may be required to notify the court in writing within seven\ndays of any change of residence while the preliminary protective order is in\neffect, provided that the respondent has been served a copy of such order in\naccordance with the provisions of this section. Any failure of a respondent to\nmake such required notification shall be punishable by contempt.\n\nHISTORY: 1984, c. 631; 1987, c. 497; 1988, c. 165; 1992, c. 886; 1994, c. 907;\n1996, c. 866; 1997, c. 603; 1998, c. 684; 2000, cc. 34, 654; 2001, c. 101; 2002,\ncc. 508, 810, 818; 2006, c. 308; 2007, c. 205; 2008, cc. 73, 246; 2009, cc. 343,\n732; 2011, cc. 445, 480; 2014, c. 346; 2018, cc. 38, 652; 2019, cc. 197, 718;\n2020, c. 137; 2023, cc. 370, 565, 620, 621; 2024, c. 594; 2025, cc. 26, 208,\n217.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}