{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-253.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-253.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-253.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-253.html"}],"law_id":62537,"edition_id":1,"section_id":62537,"structure_id":13976,"section_number":"16.1-253","catch_line":"Preliminary protective order","history":"1977, c. 559; 1985, c. 595; 1986, c. 308; 1987, c. 497; 1996, c. 866; 1997, c. 790; 1998, c. 550; 2002, cc. 508, 810, 818; 2008, cc. 73, 246; 2009, c. 732; 2013, c. 130; 2014, c. 346; 2021, Sp. Sess. I, cc. 184, 529.","full_text":"A\n\nUpon the motion of any person or upon the court’s own motion, the court may issue a preliminary protective order, after a hearing, if necessary to protect a child’s life, health, safety or normal development pending the final determination of any matter before the court. The order may require a child’s parents, guardian, legal custodian, other person standing in loco parentis or other family or household member of the child to observe reasonable conditions of behavior for a specified length of time. These conditions shall include any one or more of the following:1\n\nTo abstain from offensive conduct against the child, a family or household member of the child or any person to whom custody of the child is awarded;2\n\nTo cooperate in the provision of reasonable services or programs designed to protect the child’s life, health or normal development;3\n\nTo allow persons named by the court to come into the child’s home at reasonable times designated by the court to visit the child or inspect the fitness of the home and to determine the physical or emotional health of the child;4\n\nTo allow visitation with the child by persons entitled thereto, as determined by the court;5\n\nTo refrain from acts of commission or omission which tend to endanger the child’s life, health or normal development;6\n\nTo refrain from such contact with the child or family or household members of the child, as the court may deem appropriate, including removal of such person from the residence of the child. However, prior to the issuance by the court of an order removing such person from the residence of the child, the petitioner must prove by a preponderance of the evidence that such person’s probable future conduct would constitute a danger to the life or health of such child, and that there are no less drastic alternatives which could reasonably and adequately protect the child’s life or health pending a final determination on the petition; or7\n\nTo grant the person on whose behalf the order is issued the possession of any companion animal as defined in § 3.2-6500 if such person meets the definition of owner in § 3.2-6500.B\n\nA preliminary protective order may be issued ex parte upon motion of any person or the court’s own motion in any matter before the court, or upon petition. The motion or petition shall be supported by an affidavit or by sworn testimony in person before the judge or intake officer which establishes that the child would be subjected to an imminent threat to life or health to the extent that delay for the provision of an adversary hearing would be likely to result in serious or irremediable injury to the child’s life or health. If an ex parte order is issued without an affidavit 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. Following the issuance of an ex parte order the court shall provide an adversary hearing to the affected parties within the shortest practicable time not to exceed five business days after the issuance of the order.C\n\nPrior to the hearing required by this section, notice of the hearing shall be given at least 24 hours in advance of the hearing to the guardian ad litem for the child, to the parents, guardian, legal custodian, or other person standing in loco parentis of the child, to any other family or household member of the child to whom the protective order may be directed and to the child if he or she is 12 years of age or older. The notice provided herein shall include (i) the time, date and place for the hearing and (ii) a specific statement of the factual circumstances which allegedly necessitate the issuance of a preliminary protective order.D\n\nAll parties to the hearing shall be informed of their right to counsel pursuant to § 16.1-266.E\n\nAt the hearing the child, his or her parents, guardian, legal custodian or other person standing in loco parentis and any other family or household member of the child to whom notice was given shall have the right to confront and cross-examine all adverse witnesses and evidence and to present evidence on their own behalf.F\n\nIf a petition alleging abuse or neglect of a child has been filed, at the hearing pursuant to this section the court shall determine whether the allegations of abuse or neglect have been proven by a preponderance of the evidence. Any finding of abuse or neglect shall be stated in the court order. However, if, before such a finding is made, a person responsible for the care and custody of the child, the child’s guardian ad litem or the local department of social services objects to a finding being made at the hearing, the court shall schedule an adjudicatory hearing to be held within 30 days of the date of the initial preliminary protective order hearing. The adjudicatory hearing shall be held to determine whether the allegations of abuse and neglect have been proven by a preponderance of the evidence. Parties who are present at the hearing shall be given notice of the date set for the adjudicatory hearing and parties who are not present shall be summoned as provided in § 16.1-263. The adjudicatory hearing shall be held and an order may be entered, although a party to the hearing fails to appear and is not represented by counsel, provided personal or substituted service was made on the person, or the court determines that such person cannot be found, after reasonable effort, or in the case of a person who is without the Commonwealth, the person cannot be found or his post office address cannot be ascertained after reasonable effort.\n\t\t\tAny preliminary protective order issued shall remain in full force and effect pending the adjudicatory hearing.G\n\nIf at the preliminary protective order hearing held pursuant to this section the court makes a finding of abuse or neglect and a preliminary protective order is issued, a dispositional hearing shall be held pursuant to § 16.1-278.2. 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 the 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 of State Police 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 upon 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 dispositional hearing. The dispositional hearing shall be scheduled at the time of the hearing pursuant to this section, and shall be held within 60 days of this hearing. If an adjudicatory hearing is requested pursuant to subsection F, the dispositional hearing shall nonetheless be scheduled at the hearing pursuant to this section. All parties present at the hearing shall be given notice of the date and time scheduled for the dispositional hearing; parties who are not present shall be summoned to appear as provided in § 16.1-263.H\n\nNothing in this section enables the court to remove a child from the custody of his or her parents, guardian, legal custodian or other person standing in loco parentis, except as provided in § 16.1-278.2, and no order hereunder shall be entered against a person over whom the court does not have jurisdiction.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\nViolation of any order issued pursuant to this section shall be punishable as contempt of court. However, if the violation involves an act or acts of commission or omission that endanger the child’s life or health or result in bodily injury to the child, it shall be punishable as a Class 1 misdemeanor.K\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 the 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.\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.L\n\nNo fee shall be charged for filing or serving any petition or order pursuant to this section.","order_by":null,"text":{"0":{"id":228046,"text":"Upon the motion of any person or upon the court’s own motion, the court may issue a preliminary protective order, after a hearing, if necessary to protect a child’s life, health, safety or normal development pending the final determination of any matter before the court. The order may require a child’s parents, guardian, legal custodian, other person standing in loco parentis or other family or household member of the child to observe reasonable conditions of behavior for a specified length of time. These conditions shall include any one or more of the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":228047,"text":"To abstain from offensive conduct against the child, a family or household member of the child or any person to whom custody of the child is awarded;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":228048,"text":"To cooperate in the provision of reasonable services or programs designed to protect the child’s life, health or normal development;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":228049,"text":"To allow persons named by the court to come into the child’s home at reasonable times designated by the court to visit the child or inspect the fitness of the home and to determine the physical or emotional health of the child;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":228050,"text":"To allow visitation with the child by persons entitled thereto, as determined by the court;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":228051,"text":"To refrain from acts of commission or omission which tend to endanger the child’s life, health or normal development;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":228052,"text":"To refrain from such contact with the child or family or household members of the child, as the court may deem appropriate, including removal of such person from the residence of the child. However, prior to the issuance by the court of an order removing such person from the residence of the child, the petitioner must prove by a preponderance of the evidence that such person’s probable future conduct would constitute a danger to the life or health of such child, and that there are no less drastic alternatives which could reasonably and adequately protect the child’s life or health pending a final determination on the petition; or","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":228053,"text":"To grant the person on whose behalf the order is issued the possession of any companion animal as defined in § 3.2-6500 if such person meets the definition of owner in § 3.2-6500.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":228054,"text":"A preliminary protective order may be issued ex parte upon motion of any person or the court’s own motion in any matter before the court, or upon petition. The motion or petition shall be supported by an affidavit or by sworn testimony in person before the judge or intake officer which establishes that the child would be subjected to an imminent threat to life or health to the extent that delay for the provision of an adversary hearing would be likely to result in serious or irremediable injury to the child’s life or health. If an ex parte order is issued without an affidavit 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. Following the issuance of an ex parte order the court shall provide an adversary hearing to the affected parties within the shortest practicable time not to exceed five business days after the issuance of the order.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"C"},"9":{"id":228055,"text":"Prior to the hearing required by this section, notice of the hearing shall be given at least 24 hours in advance of the hearing to the guardian ad litem for the child, to the parents, guardian, legal custodian, or other person standing in loco parentis of the child, to any other family or household member of the child to whom the protective order may be directed and to the child if he or she is 12 years of age or older. The notice provided herein shall include (i) the time, date and place for the hearing and (ii) a specific statement of the factual circumstances which allegedly necessitate the issuance of a preliminary protective order.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"10":{"id":228056,"text":"All parties to the hearing shall be informed of their right to counsel pursuant to § 16.1-266.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"11":{"id":228057,"text":"At the hearing the child, his or her parents, guardian, legal custodian or other person standing in loco parentis and any other family or household member of the child to whom notice was given shall have the right to confront and cross-examine all adverse witnesses and evidence and to present evidence on their own behalf.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"12":{"id":228058,"text":"If a petition alleging abuse or neglect of a child has been filed, at the hearing pursuant to this section the court shall determine whether the allegations of abuse or neglect have been proven by a preponderance of the evidence. Any finding of abuse or neglect shall be stated in the court order. However, if, before such a finding is made, a person responsible for the care and custody of the child, the child’s guardian ad litem or the local department of social services objects to a finding being made at the hearing, the court shall schedule an adjudicatory hearing to be held within 30 days of the date of the initial preliminary protective order hearing. The adjudicatory hearing shall be held to determine whether the allegations of abuse and neglect have been proven by a preponderance of the evidence. Parties who are present at the hearing shall be given notice of the date set for the adjudicatory hearing and parties who are not present shall be summoned as provided in § 16.1-263. The adjudicatory hearing shall be held and an order may be entered, although a party to the hearing fails to appear and is not represented by counsel, provided personal or substituted service was made on the person, or the court determines that such person cannot be found, after reasonable effort, or in the case of a person who is without the Commonwealth, the person cannot be found or his post office address cannot be ascertained after reasonable effort.\n\t\t\tAny preliminary protective order issued shall remain in full force and effect pending the adjudicatory hearing.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"13":{"id":228059,"text":"If at the preliminary protective order hearing held pursuant to this section the court makes a finding of abuse or neglect and a preliminary protective order is issued, a dispositional hearing shall be held pursuant to § 16.1-278.2. 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 the 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 of State Police 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 upon 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 dispositional hearing. The dispositional hearing shall be scheduled at the time of the hearing pursuant to this section, and shall be held within 60 days of this hearing. If an adjudicatory hearing is requested pursuant to subsection F, the dispositional hearing shall nonetheless be scheduled at the hearing pursuant to this section. All parties present at the hearing shall be given notice of the date and time scheduled for the dispositional hearing; parties who are not present shall be summoned to appear as provided in § 16.1-263.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"14":{"id":228060,"text":"Nothing in this section enables the court to remove a child from the custody of his or her parents, guardian, legal custodian or other person standing in loco parentis, except as provided in § 16.1-278.2, and no order hereunder shall be entered against a person over whom the court does not have jurisdiction.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"15":{"id":228061,"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"},"16":{"id":228062,"text":"Violation of any order issued pursuant to this section shall be punishable as contempt of court. However, if the violation involves an act or acts of commission or omission that endanger the child’s life or health or result in bodily injury to the child, it shall be punishable as a Class 1 misdemeanor.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"17":{"id":228063,"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 the 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.\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":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"18":{"id":228064,"text":"No fee shall be charged for filing or serving any petition or order pursuant to this section.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-253\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 559 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 11 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 1985, chapter 595; in 1986, chapter 308; in 1987, chapter 497; in 1996, chapter 866<\/a>; in 1997, chapter 790<\/a>; in 1998, chapter 550<\/a>; in 2002, chapters 508<\/a>, 810<\/a>, and 818<\/a>; in 2008, chapters 73<\/a> and 246<\/a>; in 2009, chapter 732<\/a>; in 2013, chapter 130<\/a>; in 2014, chapter 346<\/a>.<\/p>","references":[{"id":69856,"section_number":"16.1-241.3","catch_line":"Newborn children; substance abuse","order_by":null,"url":"\/16.1-241.3\/"},{"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":55186,"section_number":"16.1-251","catch_line":"Emergency removal order","order_by":null,"url":"\/16.1-251\/"},{"id":70845,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","order_by":null,"url":"\/16.1-252\/"},{"id":73075,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","order_by":null,"url":"\/16.1-277.02\/"},{"id":59979,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","order_by":null,"url":"\/16.1-278.2\/"},{"id":54404,"section_number":"16.1-298","catch_line":"Effect of petition for or pendency of appeal; bail","order_by":null,"url":"\/16.1-298\/"},{"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":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":66316,"section_number":"63.2-1522","catch_line":"Admission of evidence of sexual acts with children","order_by":null,"url":"\/63.2-1522\/"},{"id":58382,"section_number":"63.2-1523","catch_line":"Use of videotaped statements of complaining witnesses as evidence","order_by":null,"url":"\/63.2-1523\/"}],"refers_to":[{"id":56254,"section_number":"16.1-263","catch_line":"Summonses","order_by":null,"url":"\/16.1-263\/"},{"id":75806,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","order_by":null,"url":"\/16.1-264\/"},{"id":59979,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","order_by":null,"url":"\/16.1-278.2\/"},{"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":161581,"object_type":"law","relational_id":62537,"identifier":"16.1-253","token":"16.1\/11\/4\/16.1-253","url":"\/16.1-253\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-253\/","token":"16.1\/11\/4\/16.1-253","dublin_core":{"Title":"Preliminary protective order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-253","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the motion<\/span> of any person or upon the court<\/span>’s own motion<\/span>, the court<\/span> may issue<\/span> a preliminary protective order<\/span>, after a hearing<\/span>, if necessary to protect a child’s life, health, safety or normal development pending the final determination of any matter before the court<\/span>. The order<\/span> may require a child’s parents, guardian, legal custodian, other person standing in loco parentis or other family or household member<\/span> of the child to observe reasonable conditions of behavior for a specified length of time. These conditions shall include any one or more of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To abstain from offensive conduct against the child, a family or household member<\/span> of the child or any person to whom custody<\/span> of the child is awarded; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To cooperate in the provision of reasonable services or programs designed to protect the child’s life, health or normal development; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To allow persons named by the court<\/span> to come into the child’s home at reasonable times designated by the court<\/span> to visit the child or inspect the fitness of the home and to determine the physical or emotional health of the child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To allow visitation with the child by persons entitled thereto, as determined by the court<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To refrain from acts of commission or omission which tend to endanger the child’s life, health or normal development; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To refrain from such contact with the child or family or household members<\/span> of the child, as the court<\/span> may deem appropriate, including removal of such person from the residence of the child. However, prior to the issuance by the court<\/span> of an order<\/span> removing such person from the residence of the child, the petitioner must prove by a preponderance of the evidence<\/span> that such person’s probable future conduct would constitute a danger to the life or health of such child, and that there are no less drastic alternatives which could reasonably and adequately protect the child’s life or health pending a final determination on the petition<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To grant the person on whose behalf the order<\/span> is issued the possession<\/span> of any companion animal as defined in § 3.2-6500<\/a> if such person meets the definition of owner in § 3.2-6500<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A preliminary protective order<\/span> may be issued ex parte<\/span> upon motion<\/span> of any person or the court<\/span>’s own motion<\/span> in any matter before the court<\/span>, or upon petition<\/span>. The motion<\/span> or petition<\/span> shall be supported by an affidavit<\/span> or by sworn testimony<\/span> in person before the judge<\/span> or intake officer<\/span> which establishes that the child would be subjected to an imminent threat to life or health to the extent that delay for the provision of an adversary hearing<\/span> would be likely to result in serious or irremediable injury to the child’s life or health. If an ex parte<\/span> order<\/span> is issued without an affidavit<\/span> 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>. Following the issuance of an ex parte<\/span> order<\/span> the court<\/span> shall provide an adversary hearing<\/span> to the affected parties within the shortest practicable time not to exceed five business days after the issuance of the order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Prior to the hearing<\/span> required by this section, notice of the hearing<\/span> shall be given at least 24 hours in advance of the hearing<\/span> to the guardian ad litem<\/span> for the child, to the parents, guardian, legal custodian, or other person standing in loco parentis of the child, to any other family or household member<\/span> of the child to whom the protective order<\/span> may be directed and to the child if he or she is 12 years of age or older. The notice provided herein shall include (i) the time, date and place for the hearing<\/span> and (ii) a specific statement of the factual circumstances which allegedly necessitate the issuance of a preliminary protective order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> All parties to the hearing<\/span> shall be informed of their right to counsel<\/span> pursuant to § 16.1-266<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> At the hearing<\/span> the child, his or her parents, guardian, legal custodian or other person standing in loco parentis and any other family or household member<\/span> of the child to whom notice was given shall have the right to confront and cross-examine all adverse witnesses and evidence and to present evidence on their own behalf. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If a petition<\/span> alleging abuse or neglect of a child has been filed, at the hearing<\/span> pursuant to this section the court<\/span> shall determine whether the allegations<\/span> of abuse or neglect have been proven by a preponderance of the evidence<\/span>. Any finding<\/span> of abuse or neglect shall be stated in the court order<\/span>. However, if, before such a finding<\/span> is made, a person responsible for the care and custody<\/span> of the child, the child’s guardian ad litem<\/span> or the local department<\/span> of social services objects<\/span> to a finding<\/span> being made at the hearing<\/span>, the court<\/span> shall schedule an adjudicatory hearing<\/span> to be held within 30 days of the date of the initial preliminary protective order hearing<\/span>. The adjudicatory hearing<\/span> shall be held to determine whether the allegations<\/span> of abuse and neglect have been proven by a preponderance of the evidence<\/span>. Parties who are present at the hearing<\/span> shall be given notice of the date set for the adjudicatory hearing<\/span> and parties who are not present shall be summoned as provided in § 16.1-263<\/a>. The adjudicatory hearing<\/span> shall be held and an order may be entered, although a party<\/span> to the hearing<\/span> fails to appear and is not represented by counsel<\/span>, provided personal or substituted service was made on the person, or the court<\/span> determines that such person cannot be found, after reasonable effort, or in the case of a person who is without the Commonwealth, the person cannot be found or his post office address cannot be ascertained after reasonable effort.\n\t\t\tAny preliminary protective order issued shall remain in full force and effect pending the adjudicatory hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If at the preliminary protective order hearing<\/span> held pursuant to this section the court<\/span> makes a finding<\/span> of abuse or neglect and a preliminary protective order is issued, a dispositional hearing<\/span> shall be held pursuant to § 16.1-278.2<\/a>. The court<\/span> 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<\/span>. A copy of the preliminary protective order 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 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> of State Police pursuant to Chapter 2 (§ 52-12<\/a> 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<\/a> and due return made to the court<\/span>. However, if the order is issued by the circuit<\/span> court, the clerk of the circuit<\/span> 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<\/span> to the primary law<\/span>-enforcement agency providing service and entry of protective orders<\/span> and upon receipt of the order, the primary law<\/span>-enforcement agency shall enter the name of the person subject to the order 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 shall be served forthwith upon 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 shall specify a date for the dispositional hearing<\/span>. The dispositional hearing<\/span> shall be scheduled at the time of the hearing<\/span> pursuant to this section, and shall be held within 60 days of this hearing<\/span>. If an adjudicatory hearing<\/span> is requested pursuant to subsection F, the dispositional hearing<\/span> shall nonetheless be scheduled at the hearing<\/span> pursuant to this section. All parties present at the hearing<\/span> shall be given notice of the date and time scheduled for the dispositional hearing<\/span>; parties who are not present shall be summoned to appear as provided in § 16.1-263<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Nothing in this section enables the court<\/span> to remove a child from the custody<\/span> of his or her parents, guardian, legal custodian or other person standing in loco parentis, except as provided in § 16.1-278.2<\/a>, and no order hereunder shall be entered against a person over whom the court<\/span> does not have jurisdiction<\/span>. <\/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 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> Violation of any order issued pursuant to this section shall be punishable as contempt of court<\/span>. However, if the violation involves an act or acts of commission or omission that endanger the child’s life or health or result in bodily injury to the child, it shall be punishable as a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The court<\/span> 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<\/span>. A copy of the preliminary protective order 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 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 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 is issued by the circuit<\/span> court, the clerk of the circuit<\/span> 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<\/span> to the primary law<\/span>-enforcement agency providing service and entry of protective orders<\/span> and upon receipt of the order, the primary law<\/span>-enforcement agency shall enter the name of the person subject to the order 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 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 shall specify a date for the full hearing<\/span>.\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 of the preliminary protective order to the primary law<\/span>-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<\/span>-enforcement agency responsible for service and entry of protective orders<\/span>, and upon receipt of the order 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 shall be served forthwith and due return made to the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> No fee shall be charged for filing or serving any petition<\/span> or order pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRELIMINARY PROTECTIVE ORDER (\u00a7 16.1-253)\n\nA. Upon the motion of any person or upon the court’s own motion, the court\nmay issue a preliminary protective order, after a hearing, if necessary to\nprotect a child’s life, health, safety or normal development pending the\nfinal determination of any matter before the court. The order may require a\nchild’s parents, guardian, legal custodian, other person standing in loco\nparentis or other family or household member of the child to observe reasonable\nconditions of behavior for a specified length of time. These conditions shall\ninclude any one or more of the following:\n\n 1. To abstain from offensive conduct against the child, a family or household\n member of the child or any person to whom custody of the child is awarded;\n\n 2. To cooperate in the provision of reasonable services or programs designed\n to protect the child’s life, health or normal development;\n\n 3. To allow persons named by the court to come into the child’s home at\n reasonable times designated by the court to visit the child or inspect the\n fitness of the home and to determine the physical or emotional health of the\n child;\n\n 4. To allow visitation with the child by persons entitled thereto, as\n determined by the court;\n\n 5. To refrain from acts of commission or omission which tend to endanger the\n child’s life, health or normal development;\n\n 6. To refrain from such contact with the child or family or household members\n of the child, as the court may deem appropriate, including removal of such\n person from the residence of the child. However, prior to the issuance by the\n court of an order removing such person from the residence of the child, the\n petitioner must prove by a preponderance of the evidence that such\n person’s probable future conduct would constitute a danger to the life\n or health of such child, and that there are no less drastic alternatives which\n could reasonably and adequately protect the child’s life or health\n pending a final determination on the petition; or\n\n 7. To grant the person on whose behalf the order is issued the possession of\n any companion animal as defined in § 3.2-6500 if such person meets the\n definition of owner in § 3.2-6500.\n\nB. A preliminary protective order may be issued ex parte upon motion of any\nperson or the court’s own motion in any matter before the court, or upon\npetition. The motion or petition shall be supported by an affidavit or by sworn\ntestimony in person before the judge or intake officer which establishes that\nthe child would be subjected to an imminent threat to life or health to the\nextent that delay for the provision of an adversary hearing would be likely to\nresult in serious or irremediable injury to the child’s life or health. If\nan ex parte order is issued without an affidavit being presented, the court, in\nits order, shall state the basis upon which the order was entered, including a\nsummary of the allegations made and the court’s findings. Following the\nissuance of an ex parte order the court shall provide an adversary hearing to\nthe affected parties within the shortest practicable time not to exceed five\nbusiness days after the issuance of the order.\n\nC. Prior to the hearing required by this section, notice of the hearing shall be\ngiven at least 24 hours in advance of the hearing to the guardian ad litem for\nthe child, to the parents, guardian, legal custodian, or other person standing\nin loco parentis of the child, to any other family or household member of the\nchild to whom the protective order may be directed and to the child if he or she\nis 12 years of age or older. The notice provided herein shall include (i) the\ntime, date and place for the hearing and (ii) a specific statement of the\nfactual circumstances which allegedly necessitate the issuance of a preliminary\nprotective order.\n\nD. All parties to the hearing shall be informed of their right to counsel\npursuant to § 16.1-266.\n\nE. At the hearing the child, his or her parents, guardian, legal custodian or\nother person standing in loco parentis and any other family or household member\nof the child to whom notice was given shall have the right to confront and\ncross-examine all adverse witnesses and evidence and to present evidence on\ntheir own behalf.\n\nF. If a petition alleging abuse or neglect of a child has been filed, at the\nhearing pursuant to this section the court shall determine whether the\nallegations of abuse or neglect have been proven by a preponderance of the\nevidence. Any finding of abuse or neglect shall be stated in the court order.\nHowever, if, before such a finding is made, a person responsible for the care\nand custody of the child, the child’s guardian ad litem or the local\ndepartment of social services objects to a finding being made at the hearing,\nthe court shall schedule an adjudicatory hearing to be held within 30 days of\nthe date of the initial preliminary protective order hearing. The adjudicatory\nhearing shall be held to determine whether the allegations of abuse and neglect\nhave been proven by a preponderance of the evidence. Parties who are present at\nthe hearing shall be given notice of the date set for the adjudicatory hearing\nand parties who are not present shall be summoned as provided in §\n16.1-263. The adjudicatory hearing shall be held and an order may be entered,\nalthough a party to the hearing fails to appear and is not represented by\ncounsel, provided personal or substituted service was made on the person, or the\ncourt determines that such person cannot be found, after reasonable effort, or\nin the case of a person who is without the Commonwealth, the person cannot be\nfound or his post office address cannot be ascertained after reasonable effort.\n\t\t\tAny preliminary protective order issued shall remain in full force and effect\npending the adjudicatory hearing.\n\nG. If at the preliminary protective order hearing held pursuant to this section\nthe court makes a finding of abuse or neglect and a preliminary protective order\nis issued, a dispositional hearing shall be held pursuant to § 16.1-278.2.\nThe 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 the 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 of State Police pursuant to Chapter\n2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on\nthe allegedly abusing person in person as provided in § 16.1-264 and due\nreturn made to the court. However, if the order is issued by the circuit court,\nthe clerk of the circuit court shall forthwith forward an attested copy of the\norder containing the respondent’s identifying information and the name,\ndate of birth, sex, and race of each protected person provided to the court to\nthe primary law-enforcement agency providing service and entry of protective\norders and upon receipt of the order, the primary law-enforcement agency shall\nenter the name of the person subject to the order and other appropriate\ninformation required by the Department of State Police into the Virginia\nCriminal Information Network established and maintained by the Department\npursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be\nserved forthwith upon the allegedly abusing person in person as provided in\n§ 16.1-264. Upon service, the agency making service shall enter the date\nand time of service and other appropriate information required by the Department\nof State Police into the Virginia Criminal Information Network and make due\nreturn to the court. The preliminary order shall specify a date for the\ndispositional hearing. The dispositional hearing shall be scheduled at the time\nof the hearing pursuant to this section, and shall be held within 60 days of\nthis hearing. If an adjudicatory hearing is requested pursuant to subsection F,\nthe dispositional hearing shall nonetheless be scheduled at the hearing pursuant\nto this section. All parties present at the hearing shall be given notice of the\ndate and time scheduled for the dispositional hearing; parties who are not\npresent shall be summoned to appear as provided in § 16.1-263.\n\nH. Nothing in this section enables the court to remove a child from the custody\nof his or her parents, guardian, legal custodian or other person standing in\nloco parentis, except as provided in § 16.1-278.2, and no order hereunder\nshall be entered against a person over whom the court does not have\njurisdiction.\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. Violation of any order issued pursuant to this section shall be punishable as\ncontempt of court. However, if the violation involves an act or acts of\ncommission or omission that endanger the child’s life or health or result\nin bodily injury to the child, it shall be punishable as a Class 1 misdemeanor.\n\nK. 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 the 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.\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\nL. No fee shall be charged for filing or serving any petition or order pursuant\nto this section.\n\nHISTORY: 1977, c. 559; 1985, c. 595; 1986, c. 308; 1987, c. 497; 1996, c. 866;\n1997, c. 790; 1998, c. 550; 2002, cc. 508, 810, 818; 2008, cc. 73, 246; 2009, c.\n732; 2013, c. 130; 2014, c. 346; 2021, Sp. Sess. I, cc. 184, 529.","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}}