{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-253.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-253.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-253.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-253.4.html"}],"law_id":60177,"edition_id":1,"section_id":60177,"structure_id":13976,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","history":"1991, c. 715; 1992, c. 742; 1994, c. 907; 1996, c. 866; 1997, c. 603; 1998, cc. 677, 684; 1999, c. 807; 2001, c. 474; 2002, cc. 508, 706, 810, 818; 2007, cc. 396, 661; 2008, cc. 73, 246; 2009, c. 732; 2011, cc. 445, 480; 2012, cc. 637, 827; 2014, cc. 346, 779, 797; 2016, c. 455; 2018, c. 652; 2025, c. 26.","full_text":"A\n\nAny 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\n\nWhen 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 (i) finds that a warrant for a violation of \u00a7 18.2-57.2 has been issued or issues a warrant for violation of \u00a7 18.2-57.2 and finds that there is probable danger of further acts of family abuse against a family or household member by the respondent or (ii) finds that 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\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 allegedly abused person or family or household members of the allegedly abused person, including prohibiting the respondent from being in the physical presence of the allegedly abused person or family or household members of the allegedly abused person, as the judge or magistrate deems necessary to protect the safety of such persons;3\n\nGranting 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; and4\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.\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.\n\t\t\t\tWhen the judge or magistrate considers the issuance of an emergency protective order pursuant to clause (i), he shall presume that there is probable danger of further acts of family abuse against a family or household member by the respondent unless the presumption is rebutted by the allegedly abused person.C\n\nAn emergency protective order issued pursuant to this section shall expire at 11:59 p.m. on the third day following issuance. If the expiration occurs on a day that the court is not in session, the emergency protective order shall be extended until 11:59 p.m. on the next day that the juvenile and domestic relations district court is in session. When issuing an emergency protective order under this section, the judge or magistrate shall provide the protected person or the law-enforcement officer seeking the emergency protective order with the form for use in filing petitions pursuant to § 16.1-253.1 and written information regarding protective orders that shall include the telephone numbers of domestic violence agencies and legal referral sources on a form prepared by the Supreme Court. If these forms are provided to a law-enforcement officer, the officer may provide these forms to the protected person when giving the emergency protective order to the protected person. The respondent may at any time file a motion with the court requesting a hearing to dissolve or modify the order issued hereunder. The hearing on the motion shall be given precedence on the docket of the court.D\n\nA 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 three days 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\n\nThe court or magistrate 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 or magistrate. A copy of an emergency protective order issued pursuant to this section 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 upon the respondent 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 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 respondent. 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. 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 subsection D of § 19.2-81.3. The judge or magistrate who issues an oral order pursuant to an electronic request by a law-enforcement officer shall verify the written order to determine whether the officer who reduced it to writing accurately transcribed the contents of the oral order. The original copy shall be 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 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. Upon request, the clerk shall provide the allegedly abused person with information regarding the date and time of service.F\n\nThe availability of an emergency protective order shall not be affected by the fact that the family or household member left the premises to avoid the danger of family abuse by the respondent.G\n\nThe issuance of an emergency protective order shall not be considered evidence of any wrongdoing by the respondent.H\n\nAs used in this section, “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 the Commonwealth; (ii) any member of an auxiliary police force established pursuant to § 15.2-1731; and (iii) any special conservator of the peace who meets the certification requirements for a law-enforcement officer as set forth in § 15.2-1706. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff’s office.I\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.J\n\nAs used in this section:\n\t\t\t“Copy” includes a facsimile copy.\n\t\t\t“Physical presence” includes (i) intentionally maintaining direct visual contact with the petitioner or (ii) unreasonably being within 100 feet from the petitioner’s residence or place of employment.K\n\nNo fee shall be charged for filing or serving any petition or order pursuant to this section.L\n\nExcept as provided in § 16.1-253.2, a violation of a protective order issued under this section shall constitute contempt of court.M\n\nUpon issuance of an emergency protective order, the clerk of 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.","order_by":null,"text":{"0":{"id":220145,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":220146,"text":"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 (i) finds that a warrant for a violation of \u00a7 18.2-57.2 has been issued or issues a warrant for violation of \u00a7 18.2-57.2 and finds that there is probable danger of further acts of family abuse against a family or household member by the respondent or (ii) finds that 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:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":220147,"text":"Prohibiting acts of family abuse or criminal offenses that result in injury to person or property;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":220148,"text":"Prohibiting such contacts by the respondent with the allegedly abused person or family or household members of the allegedly abused person, including prohibiting the respondent from being in the physical presence of the allegedly abused person or family or household members of the allegedly abused person, as the judge or magistrate deems necessary to protect the safety of such persons;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":220149,"text":"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; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":220150,"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.\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.\n\t\t\t\tWhen the judge or magistrate considers the issuance of an emergency protective order pursuant to clause (i), he shall presume that there is probable danger of further acts of family abuse against a family or household member by the respondent unless the presumption is rebutted by the allegedly abused person.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":220151,"text":"An emergency protective order issued pursuant to this section shall expire at 11:59 p.m. on the third day following issuance. If the expiration occurs on a day that the court is not in session, the emergency protective order shall be extended until 11:59 p.m. on the next day that the juvenile and domestic relations district court is in session. When issuing an emergency protective order under this section, the judge or magistrate shall provide the protected person or the law-enforcement officer seeking the emergency protective order with the form for use in filing petitions pursuant to § 16.1-253.1 and written information regarding protective orders that shall include the telephone numbers of domestic violence agencies and legal referral sources on a form prepared by the Supreme Court. If these forms are provided to a law-enforcement officer, the officer may provide these forms to the protected person when giving the emergency protective order to the protected person. The respondent may at any time file a motion with the court requesting a hearing to dissolve or modify the order issued hereunder. The hearing on the motion shall be given precedence on the docket of the court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":220152,"text":"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 three days 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":220153,"text":"The court or magistrate 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 or magistrate. A copy of an emergency protective order issued pursuant to this section 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 upon the respondent 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 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 respondent. 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. 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 subsection D of § 19.2-81.3. The judge or magistrate who issues an oral order pursuant to an electronic request by a law-enforcement officer shall verify the written order to determine whether the officer who reduced it to writing accurately transcribed the contents of the oral order. The original copy shall be 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 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. Upon request, the clerk shall provide the allegedly abused person with information regarding the date and time of service.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":220154,"text":"The availability of an emergency protective order shall not be affected by the fact that the family or household member left the premises to avoid the danger of family abuse by the respondent.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":220155,"text":"The issuance of an emergency protective order shall not be considered evidence of any wrongdoing by the respondent.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":220156,"text":"As used in this section, “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 the Commonwealth; (ii) any member of an auxiliary police force established pursuant to § 15.2-1731; and (iii) any special conservator of the peace who meets the certification requirements for a law-enforcement officer as set forth in § 15.2-1706. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff’s office.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"12":{"id":220157,"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":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"13":{"id":220158,"text":"As used in this section:\n\t\t\t“Copy” includes a facsimile copy.\n\t\t\t“Physical presence” includes (i) intentionally maintaining direct visual contact with the petitioner or (ii) unreasonably being within 100 feet from the petitioner’s residence or place of employment.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"14":{"id":220159,"text":"No fee shall be charged for filing or serving any petition or order pursuant to this section.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"15":{"id":220160,"text":"Except as provided in § 16.1-253.2, a violation of a protective order issued under this section shall constitute contempt of court.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"16":{"id":220161,"text":"Upon issuance of an emergency protective order, the clerk of 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":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-253.4\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 715 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 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 17 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 1992, chapter 742; in 1994, chapter 907<\/a>; in 1996, chapter 866<\/a>; in 1997, chapter 603<\/a>; in 1998, chapters 677<\/a> and 684<\/a>; in 1999, chapter 807<\/a>; in 2001, chapter 474<\/a>; in 2002, chapters 508<\/a>, 706<\/a>, 810<\/a>, and 818<\/a>; in 2007, chapters 396<\/a> and 661<\/a>; in 2008, chapters 73<\/a> and 246<\/a>; in 2009, chapter 732<\/a>; in 2011, chapters 445<\/a> and 480<\/a>; in 2012, chapters 637<\/a> and 827<\/a>; in 2014, chapters 346<\/a>, 779<\/a>, and 797<\/a>; in 2016, chapter 455<\/a>; in 2018, chapter 652<\/a>; in 2025, chapter 26<\/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":61705,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","order_by":null,"url":"\/16.1-253.1\/"},{"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":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":75806,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","order_by":null,"url":"\/16.1-264\/"},{"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":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":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"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":86739,"section_number":"19.2-81.3","catch_line":"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","order_by":null,"url":"\/19.2-81.3\/"},{"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":81084,"section_number":"63.2-1521","catch_line":"Testimony by child using two-way closed-circuit television","order_by":null,"url":"\/63.2-1521\/"},{"id":59659,"section_number":"63.2-1530","catch_line":"Virginia Child Protection Accountability System","order_by":null,"url":"\/63.2-1530\/"}],"refers_to":[{"id":85175,"section_number":"15.2-1706","catch_line":"Certification through training required for all law-enforcement officers; waiver of requirements","order_by":null,"url":"\/15.2-1706\/"},{"id":79396,"section_number":"15.2-1731","catch_line":"Establishment, etc., authorized; powers, authority and immunities generally","order_by":null,"url":"\/15.2-1731\/"},{"id":61705,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","order_by":null,"url":"\/16.1-253.1\/"},{"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":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":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":86739,"section_number":"19.2-81.3","catch_line":"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","order_by":null,"url":"\/19.2-81.3\/"},{"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\/"}],"permalink":{"id":161597,"object_type":"law","relational_id":60177,"identifier":"16.1-253.4","token":"16.1\/11\/4\/16.1-253.4","url":"\/16.1-253.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-253.4\/","token":"16.1\/11\/4\/16.1-253.4","dublin_core":{"Title":"Emergency protective orders authorized in certain cases; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-253.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any judge<\/span> of a circuit<\/span> court<\/span>, general district court<\/span>, juvenile and domestic relations district court<\/span>, or magistrate<\/span> may issue<\/span> a written or oral ex parte<\/span> emergency protective order<\/span> pursuant to this section in order<\/span> to protect the health or safety of any person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When a law<\/span>-enforcement officer<\/span> or an allegedly abused person asserts under oath<\/span> to a judge or magistrate<\/span>, and on that assertion or other evidence<\/span> the judge<\/span> or magistrate<\/span> (i) finds that a warrant for a violation of \u00a7 18.2-57.2<\/a> has been issued or issues<\/span> a warrant for violation of \u00a7 18.2-57.2<\/a> and finds that there is probable danger of further acts of family abuse<\/span> against a family or household member<\/span> by the respondent or (ii) finds that reasonable grounds exist to believe that the respondent has committed family abuse<\/span> and there is probable danger of a further such offense<\/span> against a family or household member<\/span> by the respondent, the judge<\/span> or magistrate<\/span> shall issue<\/span> an ex parte<\/span> emergency protective order<\/span>, except if the respondent is a minor<\/span>, an emergency protective order<\/span> shall not be required, imposing one or more of the following conditions on the respondent: <\/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 allegedly abused person or family or household members<\/span> of the allegedly abused person, including prohibiting the respondent from being in the physical presence<\/span> of the allegedly abused person or family or household members<\/span> of the allegedly abused person, as the judge<\/span> or magistrate<\/span> deems necessary to protect the safety of such persons; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

4.<\/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>.\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.\n\t\t\t\tWhen the judge<\/span> or magistrate<\/span> considers the issuance of an emergency protective order<\/span> pursuant to clause (i), he shall presume that there is probable danger of further acts of family abuse<\/span> against a family or household member<\/span> by the respondent unless the presumption<\/span> is rebutted by the allegedly abused person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An emergency protective order<\/span> issued pursuant to this section shall expire at 11:59 p.m. on the third day following issuance. If the expiration occurs on a day that the court<\/span> is not in session, the emergency protective order<\/span> shall be extended until 11:59 p.m. on the next day that the juvenile and domestic relations district court is in session. When issuing an emergency protective order<\/span> under this section, the judge<\/span> or magistrate<\/span> shall provide the protected person or the law<\/span>-enforcement officer<\/span> seeking the emergency protective order<\/span> with the form for use in filing petitions<\/span> pursuant to § 16.1-253.1<\/a> and written information regarding protective orders<\/span> that shall include the telephone numbers of domestic violence agencies and legal referral sources on a form prepared by the Supreme Court. If these forms are provided to a law<\/span>-enforcement officer<\/span>, the officer may provide these forms to the protected person when giving the emergency protective order<\/span> to the protected person. The respondent may at any time file a motion<\/span> with the court<\/span> requesting a hearing<\/span> to dissolve or modify the order<\/span> issued hereunder. The hearing<\/span> on the motion<\/span> shall be given precedence on the docket<\/span> of the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A law<\/span>-enforcement officer<\/span> may request an emergency protective order<\/span> pursuant to this section and, if the person in need of protection is physically or mentally incapable of filing a petition<\/span> pursuant to § 16.1-253.1<\/a> or 16.1-279.1<\/a>, may request the extension of an emergency protective order<\/span> for an additional period of time not to exceed three days after expiration of the original order<\/span>. The request for an emergency protective order<\/span> or extension of an order<\/span> may be made orally, in person or by electronic means, and the judge<\/span> of a circuit<\/span> court, general district court, or juvenile and domestic relations district court or a magistrate<\/span> may issue<\/span> an oral emergency protective order<\/span>. An oral emergency protective order<\/span> issued pursuant to this section shall be reduced to writing, by the law<\/span>-enforcement officer<\/span> requesting the order<\/span> or the magistrate<\/span> 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<\/span> asserted by the officer or the allegedly abused person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The court<\/span> or magistrate<\/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> or magistrate<\/span>. A copy<\/span> of an emergency protective order<\/span> issued pursuant to this section containing any such identifying information shall be forwarded forthwith to the primary law<\/span>-enforcement agency responsible for service and entry of protective orders<\/span>. Upon receipt of the order<\/span> by the primary law<\/span>-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 upon the respondent 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<\/span>-enforcement agency providing service and entry of protective orders<\/span> and upon receipt of the order<\/span>, the primary law<\/span>-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 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 respondent. 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>. One copy<\/span> of the order<\/span> shall be given to the allegedly abused person when it is issued, and one copy<\/span> shall be filed with the written report required by subsection D of § 19.2-81.3<\/a>. The judge<\/span> or magistrate<\/span> who issues<\/span> an oral order<\/span> pursuant to an electronic request by a law<\/span>-enforcement officer<\/span> shall verify the written order<\/span> to determine whether the officer who reduced it to writing accurately transcribed the contents of the oral order<\/span>. The original copy<\/span> shall be filed with the clerk of the juvenile and domestic relations district court within five business days of the issuance of the order<\/span>. 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<\/span>-enforcement agency responsible for service and entry of protective orders<\/span>, and upon receipt of the order<\/span> by the primary law<\/span>-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>. Upon request, the clerk shall provide the allegedly abused person with information regarding the date and time of service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The availability of an emergency protective order<\/span> shall not be affected by the fact<\/span> that the family or household member<\/span> left the premises to avoid the danger of family abuse<\/span> by the respondent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The issuance of an emergency protective order<\/span> shall not be considered evidence<\/span> of any wrongdoing by the respondent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> As used in this section, “law<\/span>-enforcement officer<\/span>” means (i) any full-time or part-time employee of a police department<\/span> 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<\/span> and the enforcement of the penal, traffic, or highway laws<\/span> of the Commonwealth; (ii) any member of an auxiliary police force established pursuant to § 15.2-1731<\/a>; and (iii) any special conservator of the peace who meets the certification requirements for a law<\/span>-enforcement officer<\/span> as set forth in § 15.2-1706<\/a>. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department<\/span> or sheriff’s office. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Neither a law<\/span>-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<\/span> or the Rules of the Supreme Court, (ii) necessary for law<\/span>-enforcement purposes, or (iii) permitted by the court<\/span> for good cause. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> As used in this section:\n\t\t\t“Copy<\/span>” includes a facsimile copy<\/span>.\n\t\t\t“Physical presence<\/span>” includes (i) intentionally maintaining direct visual contact with the petitioner or (ii) unreasonably being within 100 feet from the petitioner’s residence or place of employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/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

L.<\/span> Except as provided in § 16.1-253.2<\/a>, a violation of a protective order<\/span> issued under this section shall constitute contempt of court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> Upon issuance of an emergency protective order<\/span>, the clerk of 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>","plain_text":" CODE OF VIRGINIA\n\nEMERGENCY PROTECTIVE ORDERS AUTHORIZED IN CERTAIN CASES; PENALTY (\u00a7 16.1-253.4)\n\nA. Any judge of a circuit court, general district court, juvenile and domestic\nrelations district court, or magistrate may issue a written or oral ex parte\nemergency protective order pursuant to this section in order to protect the\nhealth or safety of any person.\n\nB. When a law-enforcement officer or an allegedly abused person asserts under\noath to a judge or magistrate, and on that assertion or other evidence the judge\nor magistrate (i) finds that a warrant for a violation of \u00a7 18.2-57.2 has been\nissued or issues a warrant for violation of \u00a7 18.2-57.2 and finds that there is\nprobable danger of further acts of family abuse against a family or household\nmember by the respondent or (ii) finds that reasonable grounds exist to believe\nthat the respondent has committed family abuse and there is probable danger of a\nfurther such offense against a family or household member by the respondent, the\njudge or magistrate shall issue an ex parte emergency protective order, except\nif the respondent is a minor, an emergency protective order shall not be\nrequired, imposing one or more of the following conditions on the respondent:\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 allegedly abused\n person or family or household members of the allegedly abused person,\n including prohibiting the respondent from being in the physical presence of\n the allegedly abused person or family or household members of the allegedly\n abused person, as the judge or magistrate deems necessary to protect the\n safety of such persons;\n\n 3. Granting the family or household member possession of the premises occupied\n by the parties to the exclusion of the respondent; however, no such grant of\n possession shall affect title to any real or personal property; and\n\n 4. 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 \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 \t\t\t\tWhen the judge or magistrate considers the issuance of an emergency\n protective order pursuant to clause (i), he shall presume that there is\n probable danger of further acts of family abuse against a family or household\n member by the respondent unless the presumption is rebutted by the allegedly\n abused person.\n\nC. An emergency protective order issued pursuant to this section shall expire at\n11:59 p.m. on the third day following issuance. If the expiration occurs on a\nday that the court is not in session, the emergency protective order shall be\nextended until 11:59 p.m. on the next day that the juvenile and domestic\nrelations district court is in session. When issuing an emergency protective\norder under this section, the judge or magistrate shall provide the protected\nperson or the law-enforcement officer seeking the emergency protective order\nwith the form for use in filing petitions pursuant to § 16.1-253.1 and\nwritten information regarding protective orders that shall include the telephone\nnumbers of domestic violence agencies and legal referral sources on a form\nprepared by the Supreme Court. If these forms are provided to a law-enforcement\nofficer, the officer may provide these forms to the protected person when giving\nthe emergency protective order to the protected person. The respondent may at\nany time file a motion with the court requesting a hearing to dissolve or modify\nthe order issued hereunder. The hearing on the motion shall be given precedence\non the docket of the court.\n\nD. A law-enforcement officer may request an emergency protective order pursuant\nto this section and, if the person in need of protection is physically or\nmentally incapable of filing a petition pursuant to § 16.1-253.1 or\n16.1-279.1, may request the extension of an emergency protective order for an\nadditional period of time not to exceed three days after expiration of the\noriginal order. The request for an emergency protective order or extension of an\norder may be made orally, in person or by electronic means, and the judge of a\ncircuit court, general district court, or juvenile and domestic relations\ndistrict court or a magistrate may issue an oral emergency protective order. An\noral emergency protective order issued pursuant to this section shall be reduced\nto writing, by the law-enforcement officer requesting the order or the\nmagistrate on a preprinted form approved and provided by the Supreme Court of\nVirginia. The completed form shall include a statement of the grounds for the\norder asserted by the officer or the allegedly abused person.\n\nE. The court or magistrate shall forthwith, but in all cases no later than the\nend of the business day on which the order was issued, enter and transfer\nelectronically to the Virginia Criminal Information Network the\nrespondent’s identifying information and the name, date of birth, sex, and\nrace of each protected person provided to the court or magistrate. A copy of an\nemergency protective order issued pursuant to this section containing any such\nidentifying 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 upon the respondent\nand due return made to the court. However, if the order is issued by the circuit\ncourt, the clerk of the circuit court shall forthwith forward an attested copy\nof the order containing the respondent’s identifying information and the\nname, date of birth, sex, and race of each protected person provided to the\ncourt to the primary law-enforcement agency providing service and entry of\nprotective orders and upon receipt of the order, the primary law-enforcement\nagency shall enter the name of the person subject to the order and other\nappropriate information required by the Department of State Police into the\nVirginia Criminal Network established and maintained by the Department pursuant\nto Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served\nforthwith on the respondent. Upon service, the agency making service shall enter\nthe date and time of service and other appropriate information required by the\nDepartment of State Police into the Virginia Criminal Information Network and\nmake due return to the court. One copy of the order shall be given to the\nallegedly abused person when it is issued, and one copy shall be filed with the\nwritten report required by subsection D of § 19.2-81.3. The judge or\nmagistrate who issues an oral order pursuant to an electronic request by a\nlaw-enforcement officer shall verify the written order to determine whether the\nofficer who reduced it to writing accurately transcribed the contents of the\noral order. The original copy shall be filed with the clerk of the juvenile and\ndomestic relations district court within five business days of the issuance of\nthe order. If the order is later dissolved or modified, a copy of the\ndissolution or modification order shall also be attested, forwarded forthwith to\nthe primary law-enforcement agency responsible for service and entry of\nprotective orders, and upon receipt of the order by the primary law-enforcement\nagency, the agency shall forthwith verify and enter any modification as\nnecessary to the identifying information and other appropriate information\nrequired by the Department of State Police into the Virginia Criminal\nInformation Network as described above and the order shall be served forthwith\nand due return made to the court. Upon request, the clerk shall provide the\nallegedly abused person with information regarding the date and time of service.\n\nF. The availability of an emergency protective order shall not be affected by\nthe fact that the family or household member left the premises to avoid the\ndanger of family abuse by the respondent.\n\nG. The issuance of an emergency protective order shall not be considered\nevidence of any wrongdoing by the respondent.\n\nH. As used in this section, “law-enforcement officer” means (i) any\nfull-time or part-time employee of a police department or sheriff’s office\nwhich is part of or administered by the Commonwealth or any political\nsubdivision thereof and who is responsible for the prevention and detection of\ncrime and the enforcement of the penal, traffic, or highway laws of the\nCommonwealth; (ii) any member of an auxiliary police force established pursuant\nto § 15.2-1731; and (iii) any special conservator of the peace who meets\nthe certification requirements for a law-enforcement officer as set forth in\n§ 15.2-1706. Part-time employees are compensated officers who are not\nfull-time employees as defined by the employing police department or\nsheriff’s office.\n\nI. 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\nJ. As used in this section:\n\t\t\t“Copy” includes a facsimile copy.\n\t\t\t“Physical presence” includes (i) intentionally maintaining direct\nvisual contact with the petitioner or (ii) unreasonably being within 100 feet\nfrom the petitioner’s residence or place of employment.\n\nK. No fee shall be charged for filing or serving any petition or order pursuant\nto this section.\n\nL. Except as provided in § 16.1-253.2, a violation of a protective order\nissued under this section shall constitute contempt of court.\n\nM. Upon issuance of an emergency protective order, the clerk of court shall make\navailable to the petitioner information that is published by the Department of\nCriminal Justice Services for victims of domestic violence or for petitioners in\nprotective order cases.\n\nHISTORY: 1991, c. 715; 1992, c. 742; 1994, c. 907; 1996, c. 866; 1997, c. 603;\n1998, cc. 677, 684; 1999, c. 807; 2001, c. 474; 2002, cc. 508, 706, 810, 818;\n2007, cc. 396, 661; 2008, cc. 73, 246; 2009, c. 732; 2011, cc. 445, 480; 2012,\ncc. 637, 827; 2014, cc. 346, 779, 797; 2016, c. 455; 2018, c. 652; 2025, c. 26.","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}}