{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-279.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-279.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-279.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-279.1.html"}],"law_id":62456,"edition_id":1,"section_id":62456,"structure_id":13006,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","history":"1984, c. 631; 1987, c. 497; 1992, c. 886; 1994, cc. 360, 521, 739, 907; 1996, cc. 866, 900, 945; 1997, c. 603; 1998, c. 684; 2000, cc. 34, 654; 2002, cc. 508, 810, 818; 2004, cc. 972, 980; 2006, c. 308; 2008, cc. 73, 246; 2009, cc. 343, 732; 2010, cc. 425, 468; 2011, cc. 445, 480; 2012, cc. 152, 261; 2014, cc. 318, 346, 613; 2016, c. 102; 2018, cc. 38, 652; 2020, c. 137; 2021, Sp. Sess. I, c. 489; 2023, cc. 370, 620, 621, 742; 2024, cc. 26, 594; 2025, cc. 26, 161.","full_text":"A\n\nIn cases of family abuse, including any case involving an incarcerated or recently incarcerated respondent against whom a preliminary protective order has been issued pursuant to \u00a7 16.1-253.1, the court may issue a protective order to protect the health and safety of the petitioner and family or household members of the petitioner. A protective order issued under this section may include any one or more of the following conditions to be imposed on the respondent:1\n\nProhibiting acts of family abuse or criminal offenses that result in injury to person or property;2\n\nProhibiting such contacts by the respondent with the petitioner or family or household members of the petitioner as the court deems necessary for the health or safety of such persons;3\n\nGranting the petitioner possession of the residence occupied by the parties to the exclusion of the respondent; however, no such grant of possession shall affect title to any real or personal property;4\n\nEnjoining the respondent from terminating any necessary utility service to the residence to which the petitioner was granted possession pursuant to subdivision 3 or, where appropriate, ordering the respondent to restore utility services to that residence;5\n\nGranting the petitioner and, where appropriate, any other family or household member of the petitioner, exclusive use and possession of a cellular telephone number or electronic device and the password to such device. The court may enjoin the respondent from terminating a cellular telephone number or electronic device before the expiration of the contract term with a third-party provider. The court may enjoin the respondent from using a cellular telephone or other electronic device to locate or surveille the petitioner;6\n\nGranting the petitioner temporary possession or use of a motor vehicle owned by the petitioner alone or jointly owned by the parties to the exclusion of the respondent and enjoining the respondent from terminating any insurance, registration, or taxes on the motor vehicle and directing the respondent to maintain the insurance, registration, and taxes, as appropriate; however, no such grant of possession or use shall affect title to the vehicle;7\n\nRequiring that the respondent provide suitable alternative housing for the petitioner and, if appropriate, any other family or household member and where appropriate, requiring the respondent to pay deposits to connect or restore necessary utility services in the alternative housing provided;8\n\nOrdering the respondent to participate in treatment, counseling or other programs as the court deems appropriate;9\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; and10\n\nAny other relief necessary for the protection of the petitioner and family or household members of the petitioner, including a provision for temporary custody or visitation of a minor child.\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.A1\n\nIf a protective order is issued pursuant to subsection A, the court may also issue a temporary child support order for the support of any children of the petitioner whom the respondent has a legal obligation to support. Such temporary child support order shall terminate upon the determination of support pursuant to § 20-108.1 or upon the termination of such protective order, whichever occurs first.B\n\n1. The protective order may be issued for a specified period of time up to a maximum of two years. However, if the court finds, based upon evidence presented, that the respondent has been subject to a previous order issued within 10 years pursuant to this section, the protective order may be issued for a specified period of time up to a maximum of four years. The protective order shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the two-year or four-year period if no date is specified. Prior to the expiration of the protective order, a petitioner may file a written motion requesting a hearing to extend the order. Proceedings to extend a protective order shall be given precedence on the docket of the court. A written motion requesting a hearing to extend the protective order shall be served as soon as possible on the respondent.\n\t\t\tIf the petitioner was a family or household member of the respondent at the time the initial protective order was issued, the court may extend the protective order for a period not longer than two years, regardless of whether such order was initially issued for a period of time up to a maximum of two years or four years, to protect the health and safety of the petitioner or persons who are family or household members of the petitioner at the time the request for an extension is made. The extension of the protective order shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the two-year period if no date is specified. Nothing herein shall limit the number of extensions that may be requested or issued.2\n\nUpon the filing of a written motion requesting a hearing to extend the protective order, the court may issue an ex parte preliminary protective order pursuant to § 16.1-253.1 until the extension hearing. The ex parte preliminary protective order shall specify a date for the extension hearing, which shall be held within 15 days of the issuance of the ex parte preliminary protective order and may be held after the expiration of the protective order. If the respondent fails to appear at the extension hearing because the respondent was not personally served, the court shall schedule a new date for the extension hearing and may extend the ex parte preliminary protective order until such new date. The extended ex parte preliminary protective order shall be served as soon as possible on the respondent. If the respondent was personally served, where the petitioner shows by clear and convincing evidence that a continuance is necessary to meet the ends of justice or the respondent shows good cause, the court may continue the extension hearing and such ex parte preliminary protective order shall remain in effect until the extension hearing.C\n\nA copy of the protective order shall be served on the respondent and provided to the petitioner as soon as possible. The court, including a circuit court if the circuit court issued the order, 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 and shall forthwith forward the attested copy of the protective order containing any such identifying information 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. 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. 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.D\n\nExcept as otherwise provided in § 16.1-253.2, a violation of a protective order issued under this section shall constitute contempt of court.E\n\nThe court may assess costs and attorney fees against either party regardless of whether an order of protection has been issued as a result of a full hearing.F\n\nAny judgment, order or decree, whether permanent or temporary, issued by a court of appropriate jurisdiction in another state, the United States or any of its territories, possessions or Commonwealths, the District of Columbia or by any tribal court of appropriate jurisdiction for the purpose of preventing violent or threatening acts or harassment against or contact or communication with or physical proximity to another person, including any of the conditions specified in subsection A, shall be accorded full faith and credit and enforced in the Commonwealth as if it were an order of the Commonwealth, provided reasonable notice and opportunity to be heard were given by the issuing jurisdiction to the person against whom the order is sought to be enforced sufficient to protect such person’s due process rights and consistent with federal law. A person entitled to protection under such a foreign order may file the order in any juvenile and domestic relations district court by filing with the court an attested or exemplified copy of the order. Upon such a filing, the clerk shall forthwith forward an attested copy of the order to the primary law-enforcement agency responsible for service and entry of protective orders which shall, upon receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. Where practical, the court may transfer information electronically to the Virginia Criminal Information Network.\n\t\t\tUpon inquiry by any law-enforcement agency of the Commonwealth, the clerk shall make a copy available of any foreign order filed with that court. A law-enforcement officer may, in the performance of his duties, rely upon a copy of a foreign protective order or other suitable evidence which has been provided to him by any source and may also rely upon the statement of any person protected by the order that the order remains in effect.G\n\nEither party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order. Proceedings to dissolve or modify a protective order shall be given precedence on the docket of the court. Upon petitioner’s motion to dissolve the protective order, a dissolution order may be issued ex parte by the court with or without a hearing. If an ex parte hearing is held, it shall be heard by the court as soon as practicable. If a dissolution order is issued ex parte, the court shall serve a copy of such dissolution order on respondent in conformity with §§ 8.01-286.1 and 8.01-296.H\n\nAs used in this section:\n\t\t\t“Copy” includes a facsimile copy.\n\t\t\t“Protective order” includes an initial, modified or extended protective order.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\nNo fee shall be charged for filing or serving any petition or order pursuant to this section.K\n\nUpon issuance of a protective order, the clerk of the court shall make available to the petitioner information that is published by the Department of Criminal Justice Services for victims of domestic violence or for petitioners in protective order cases.L\n\nAn appeal of a final protective order issued by a circuit court pursuant to this section shall be given expedited review by the Court of Appeals.M\n\nThe respondent shall be required to notify the court in writing within seven days of any change of residence while the protective order is in effect, provided that the respondent has been served a copy of such order in accordance with the provisions of this section. A violation of this subsection shall be punishable by contempt.","order_by":null,"text":{"0":{"id":227775,"text":"In cases of family abuse, including any case involving an incarcerated or recently incarcerated respondent against whom a preliminary protective order has been issued pursuant to \u00a7 16.1-253.1, the court may issue a protective order to protect the health and safety of the petitioner and family or household members of the petitioner. A protective order issued under this section may include any one or more of the following conditions to be imposed on the respondent:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":227776,"text":"Prohibiting acts of family abuse or criminal offenses that result in injury to person or property;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":227777,"text":"Prohibiting such contacts by the respondent with the petitioner or family or household members of the petitioner as the court deems necessary for the health or safety of such persons;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":227778,"text":"Granting the petitioner possession of the residence occupied by the parties to the exclusion of the respondent; however, no such grant of possession shall affect title to any real or personal property;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":227779,"text":"Enjoining the respondent from terminating any necessary utility service to the residence to which the petitioner was granted possession pursuant to subdivision 3 or, where appropriate, ordering the respondent to restore utility services to that residence;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":227780,"text":"Granting the petitioner and, where appropriate, any other family or household member of the petitioner, exclusive use and possession of a cellular telephone number or electronic device and the password to such device. The court may enjoin the respondent from terminating a cellular telephone number or electronic device before the expiration of the contract term with a third-party provider. The court may enjoin the respondent from using a cellular telephone or other electronic device to locate or surveille the petitioner;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":227781,"text":"Granting the petitioner temporary possession or use of a motor vehicle owned by the petitioner alone or jointly owned by the parties to the exclusion of the respondent and enjoining the respondent from terminating any insurance, registration, or taxes on the motor vehicle and directing the respondent to maintain the insurance, registration, and taxes, as appropriate; however, no such grant of possession or use shall affect title to the vehicle;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":227782,"text":"Requiring that the respondent provide suitable alternative housing for the petitioner and, if appropriate, any other family or household member and where appropriate, requiring the respondent to pay deposits to connect or restore necessary utility services in the alternative housing provided;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":227783,"text":"Ordering the respondent to participate in treatment, counseling or other programs as the court deems appropriate;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":227784,"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; and","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":227785,"text":"Any other relief necessary for the protection of the petitioner and family or household members of the petitioner, including a provision for temporary custody or visitation of a minor child.\n\t\t\t\tIn addition, if the respondent is a juvenile, the court may, upon its own motion or upon the motion of the attorney or guardian ad litem representing the respondent, enter an order requiring the local board of social services to provide services to the child and family.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A1"},"11":{"id":227786,"text":"If a protective order is issued pursuant to subsection A, the court may also issue a temporary child support order for the support of any children of the petitioner whom the respondent has a legal obligation to support. Such temporary child support order shall terminate upon the determination of support pursuant to § 20-108.1 or upon the termination of such protective order, whichever occurs first.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A10","next_prefix":"B"},"12":{"id":227787,"text":"1. The protective order may be issued for a specified period of time up to a maximum of two years. However, if the court finds, based upon evidence presented, that the respondent has been subject to a previous order issued within 10 years pursuant to this section, the protective order may be issued for a specified period of time up to a maximum of four years. The protective order shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the two-year or four-year period if no date is specified. Prior to the expiration of the protective order, a petitioner may file a written motion requesting a hearing to extend the order. Proceedings to extend a protective order shall be given precedence on the docket of the court. A written motion requesting a hearing to extend the protective order shall be served as soon as possible on the respondent.\n\t\t\tIf the petitioner was a family or household member of the respondent at the time the initial protective order was issued, the court may extend the protective order for a period not longer than two years, regardless of whether such order was initially issued for a period of time up to a maximum of two years or four years, to protect the health and safety of the petitioner or persons who are family or household members of the petitioner at the time the request for an extension is made. The extension of the protective order shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the two-year period if no date is specified. Nothing herein shall limit the number of extensions that may be requested or issued.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A1","next_prefix":"B2"},"13":{"id":227788,"text":"Upon the filing of a written motion requesting a hearing to extend the protective order, the court may issue an ex parte preliminary protective order pursuant to § 16.1-253.1 until the extension hearing. The ex parte preliminary protective order shall specify a date for the extension hearing, which shall be held within 15 days of the issuance of the ex parte preliminary protective order and may be held after the expiration of the protective order. If the respondent fails to appear at the extension hearing because the respondent was not personally served, the court shall schedule a new date for the extension hearing and may extend the ex parte preliminary protective order until such new date. The extended ex parte preliminary protective order shall be served as soon as possible on the respondent. If the respondent was personally served, where the petitioner shows by clear and convincing evidence that a continuance is necessary to meet the ends of justice or the respondent shows good cause, the court may continue the extension hearing and such ex parte preliminary protective order shall remain in effect until the extension hearing.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"C"},"14":{"id":227789,"text":"A copy of the protective order shall be served on the respondent and provided to the petitioner as soon as possible. The court, including a circuit court if the circuit court issued the order, 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 and shall forthwith forward the attested copy of the protective order containing any such identifying information 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. 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. 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":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"15":{"id":227790,"text":"Except as otherwise provided in § 16.1-253.2, a violation of a protective order issued under this section shall constitute contempt of court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"16":{"id":227791,"text":"The court may assess costs and attorney fees against either party regardless of whether an order of protection has been issued as a result of a full hearing.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"17":{"id":227792,"text":"Any judgment, order or decree, whether permanent or temporary, issued by a court of appropriate jurisdiction in another state, the United States or any of its territories, possessions or Commonwealths, the District of Columbia or by any tribal court of appropriate jurisdiction for the purpose of preventing violent or threatening acts or harassment against or contact or communication with or physical proximity to another person, including any of the conditions specified in subsection A, shall be accorded full faith and credit and enforced in the Commonwealth as if it were an order of the Commonwealth, provided reasonable notice and opportunity to be heard were given by the issuing jurisdiction to the person against whom the order is sought to be enforced sufficient to protect such person’s due process rights and consistent with federal law. A person entitled to protection under such a foreign order may file the order in any juvenile and domestic relations district court by filing with the court an attested or exemplified copy of the order. Upon such a filing, the clerk shall forthwith forward an attested copy of the order to the primary law-enforcement agency responsible for service and entry of protective orders which shall, upon receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. Where practical, the court may transfer information electronically to the Virginia Criminal Information Network.\n\t\t\tUpon inquiry by any law-enforcement agency of the Commonwealth, the clerk shall make a copy available of any foreign order filed with that court. A law-enforcement officer may, in the performance of his duties, rely upon a copy of a foreign protective order or other suitable evidence which has been provided to him by any source and may also rely upon the statement of any person protected by the order that the order remains in effect.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"18":{"id":227793,"text":"Either party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order. Proceedings to dissolve or modify a protective order shall be given precedence on the docket of the court. Upon petitioner’s motion to dissolve the protective order, a dissolution order may be issued ex parte by the court with or without a hearing. If an ex parte hearing is held, it shall be heard by the court as soon as practicable. If a dissolution order is issued ex parte, the court shall serve a copy of such dissolution order on respondent in conformity with §§ 8.01-286.1 and 8.01-296.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"19":{"id":227794,"text":"As used in this section:\n\t\t\t“Copy” includes a facsimile copy.\n\t\t\t“Protective order” includes an initial, modified or extended protective order.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"20":{"id":227795,"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"},"21":{"id":227796,"text":"No fee shall be charged for filing or serving any petition or order pursuant to this section.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"22":{"id":227797,"text":"Upon issuance of a protective order, the clerk of the court shall make available to the petitioner information that is published by the Department of Criminal Justice Services for victims of domestic violence or for petitioners in protective order cases.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"23":{"id":227798,"text":"An appeal of a final protective order issued by a circuit court pursuant to this section shall be given expedited review by the Court of Appeals.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"24":{"id":227799,"text":"The respondent shall be required to notify the court in writing within seven days of any change of residence while the protective order is in effect, provided that the respondent has been served a copy of such order in accordance with the provisions of this section. A violation of this subsection shall be punishable by contempt.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L"}},"ancestry":[{"id":13006,"edition_id":1,"name":"Disposition","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":161781,"object_type":"structure","relational_id":13006,"identifier":"9","token":"16.1\/11\/9","url":"\/16.1\/11\/9\/","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":61839,"structure_id":13006,"section_number":"16.1-278","catch_line":"Cooperation of certain agencies, officials, institutions and associations","url":"\/16.1-278\/","token":"16.1\/11\/9\/16.1-278","metadata":false},{"id":71042,"structure_id":13006,"section_number":"16.1-278.1","catch_line":"Definitions","url":"\/16.1-278.1\/","token":"16.1\/11\/9\/16.1-278.1","metadata":false},{"id":82666,"structure_id":13006,"section_number":"16.1-278.10","catch_line":"Traffic infractions","url":"\/16.1-278.10\/","token":"16.1\/11\/9\/16.1-278.10","metadata":false},{"id":81073,"structure_id":13006,"section_number":"16.1-278.11","catch_line":"Mental illness and intellectual disability","url":"\/16.1-278.11\/","token":"16.1\/11\/9\/16.1-278.11","metadata":false},{"id":63604,"structure_id":13006,"section_number":"16.1-278.12","catch_line":"When judicial consent in lieu of parental consent authorized","url":"\/16.1-278.12\/","token":"16.1\/11\/9\/16.1-278.12","metadata":false},{"id":65268,"structure_id":13006,"section_number":"16.1-278.13","catch_line":"Work permits; petitions for treatment, etc","url":"\/16.1-278.13\/","token":"16.1\/11\/9\/16.1-278.13","metadata":false},{"id":75260,"structure_id":13006,"section_number":"16.1-278.14","catch_line":"Criminal jurisdiction; protective orders; family offenses","url":"\/16.1-278.14\/","token":"16.1\/11\/9\/16.1-278.14","metadata":false},{"id":78408,"structure_id":13006,"section_number":"16.1-278.15","catch_line":"Custody or visitation, child or spousal support generally","url":"\/16.1-278.15\/","token":"16.1\/11\/9\/16.1-278.15","metadata":false},{"id":61778,"structure_id":13006,"section_number":"16.1-278.16","catch_line":"Failure to comply with support obligation; payroll deduction; commitment","url":"\/16.1-278.16\/","token":"16.1\/11\/9\/16.1-278.16","metadata":false},{"id":63607,"structure_id":13006,"section_number":"16.1-278.17","catch_line":"Pendente lite support","url":"\/16.1-278.17\/","token":"16.1\/11\/9\/16.1-278.17","metadata":false},{"id":83584,"structure_id":13006,"section_number":"16.1-278.17:1","catch_line":"Formula for determination of pendente lite spousal support","url":"\/16.1-278.17_1\/","token":"16.1\/11\/9\/16.1-278.17_1","metadata":false},{"id":59856,"structure_id":13006,"section_number":"16.1-278.18","catch_line":"Money judgments","url":"\/16.1-278.18\/","token":"16.1\/11\/9\/16.1-278.18","metadata":false},{"id":74062,"structure_id":13006,"section_number":"16.1-278.19","catch_line":"Attorney fees","url":"\/16.1-278.19\/","token":"16.1\/11\/9\/16.1-278.19","metadata":false},{"id":59979,"structure_id":13006,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","url":"\/16.1-278.2\/","token":"16.1\/11\/9\/16.1-278.2","metadata":false},{"id":54079,"structure_id":13006,"section_number":"16.1-278.3","catch_line":"Relief of care and custody","url":"\/16.1-278.3\/","token":"16.1\/11\/9\/16.1-278.3","metadata":false},{"id":86609,"structure_id":13006,"section_number":"16.1-278.4","catch_line":"Children in need of services","url":"\/16.1-278.4\/","token":"16.1\/11\/9\/16.1-278.4","metadata":false},{"id":62708,"structure_id":13006,"section_number":"16.1-278.5","catch_line":"Children in need of supervision","url":"\/16.1-278.5\/","token":"16.1\/11\/9\/16.1-278.5","metadata":false},{"id":74489,"structure_id":13006,"section_number":"16.1-278.6","catch_line":"Status offenders","url":"\/16.1-278.6\/","token":"16.1\/11\/9\/16.1-278.6","metadata":false},{"id":80876,"structure_id":13006,"section_number":"16.1-278.7","catch_line":"Commitment to Department of Juvenile Justice","url":"\/16.1-278.7\/","token":"16.1\/11\/9\/16.1-278.7","metadata":false},{"id":54722,"structure_id":13006,"section_number":"16.1-278.7:01","catch_line":"Department to give notice of the receipt of certain persons","url":"\/16.1-278.7_01\/","token":"16.1\/11\/9\/16.1-278.7_01","metadata":false},{"id":87505,"structure_id":13006,"section_number":"16.1-278.7:02","catch_line":"Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons","url":"\/16.1-278.7_02\/","token":"16.1\/11\/9\/16.1-278.7_02","metadata":false},{"id":62824,"structure_id":13006,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","url":"\/16.1-278.8\/","token":"16.1\/11\/9\/16.1-278.8","metadata":false},{"id":67041,"structure_id":13006,"section_number":"16.1-278.8:01","catch_line":"Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs","url":"\/16.1-278.8_01\/","token":"16.1\/11\/9\/16.1-278.8_01","metadata":false},{"id":74546,"structure_id":13006,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","url":"\/16.1-278.9\/","token":"16.1\/11\/9\/16.1-278.9","metadata":false},{"id":72132,"structure_id":13006,"section_number":"16.1-279","catch_line":"Repealed","url":"\/16.1-279\/","token":"16.1\/11\/9\/16.1-279","metadata":false},{"id":62456,"structure_id":13006,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","url":"\/16.1-279.1\/","token":"16.1\/11\/9\/16.1-279.1","metadata":false},{"id":76101,"structure_id":13006,"section_number":"16.1-280","catch_line":"Commitment of juveniles with mental illness or intellectual disability","url":"\/16.1-280\/","token":"16.1\/11\/9\/16.1-280","metadata":false},{"id":58560,"structure_id":13006,"section_number":"16.1-281","catch_line":"Foster care plan","url":"\/16.1-281\/","token":"16.1\/11\/9\/16.1-281","metadata":false},{"id":56077,"structure_id":13006,"section_number":"16.1-282","catch_line":"Foster care review","url":"\/16.1-282\/","token":"16.1\/11\/9\/16.1-282","metadata":false},{"id":55053,"structure_id":13006,"section_number":"16.1-282.1","catch_line":"Permanency planning hearing for children in foster care","url":"\/16.1-282.1\/","token":"16.1\/11\/9\/16.1-282.1","metadata":false},{"id":56299,"structure_id":13006,"section_number":"16.1-282.2","catch_line":"Annual foster care review","url":"\/16.1-282.2\/","token":"16.1\/11\/9\/16.1-282.2","metadata":false},{"id":75076,"structure_id":13006,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","url":"\/16.1-283\/","token":"16.1\/11\/9\/16.1-283","metadata":false},{"id":74001,"structure_id":13006,"section_number":"16.1-283.1","catch_line":"Authority to enter into voluntary post-adoption contact and communication agreement","url":"\/16.1-283.1\/","token":"16.1\/11\/9\/16.1-283.1","metadata":false},{"id":85194,"structure_id":13006,"section_number":"16.1-283.2","catch_line":"Restoration of parental rights","url":"\/16.1-283.2\/","token":"16.1\/11\/9\/16.1-283.2","metadata":false},{"id":55428,"structure_id":13006,"section_number":"16.1-283.3","catch_line":"Review of voluntary continuing services and support agreements for former foster youth","url":"\/16.1-283.3\/","token":"16.1\/11\/9\/16.1-283.3","metadata":false},{"id":61757,"structure_id":13006,"section_number":"16.1-284","catch_line":"When adult sentenced for juvenile offense","url":"\/16.1-284\/","token":"16.1\/11\/9\/16.1-284","metadata":false},{"id":54157,"structure_id":13006,"section_number":"16.1-284.1","catch_line":"Placement in secure local facility","url":"\/16.1-284.1\/","token":"16.1\/11\/9\/16.1-284.1","metadata":false},{"id":59506,"structure_id":13006,"section_number":"16.1-285","catch_line":"Duration of commitments","url":"\/16.1-285\/","token":"16.1\/11\/9\/16.1-285","metadata":false},{"id":75164,"structure_id":13006,"section_number":"16.1-285.1","catch_line":"Commitment of serious offenders","url":"\/16.1-285.1\/","token":"16.1\/11\/9\/16.1-285.1","metadata":false},{"id":70403,"structure_id":13006,"section_number":"16.1-285.2","catch_line":"Release and review hearing for serious offender","url":"\/16.1-285.2\/","token":"16.1\/11\/9\/16.1-285.2","metadata":false},{"id":84274,"structure_id":13006,"section_number":"16.1-286","catch_line":"Cost of maintenance; approval of placement; semiannual review","url":"\/16.1-286\/","token":"16.1\/11\/9\/16.1-286","metadata":false},{"id":78593,"structure_id":13006,"section_number":"16.1-287","catch_line":"Transfer of information upon commitment; information to be furnished by and to local school boards","url":"\/16.1-287\/","token":"16.1\/11\/9\/16.1-287","metadata":false},{"id":86549,"structure_id":13006,"section_number":"16.1-288","catch_line":"Protection of religious affiliations","url":"\/16.1-288\/","token":"16.1\/11\/9\/16.1-288","metadata":false},{"id":70444,"structure_id":13006,"section_number":"16.1-289","catch_line":"Review of order of commitment","url":"\/16.1-289\/","token":"16.1\/11\/9\/16.1-289","metadata":false},{"id":67111,"structure_id":13006,"section_number":"16.1-289.1","catch_line":"Motions to reconsider orders for participation in continuing programs","url":"\/16.1-289.1\/","token":"16.1\/11\/9\/16.1-289.1","metadata":false},{"id":65314,"structure_id":13006,"section_number":"16.1-290","catch_line":"Support of committed juvenile; support from estate of juvenile","url":"\/16.1-290\/","token":"16.1\/11\/9\/16.1-290","metadata":false},{"id":54758,"structure_id":13006,"section_number":"16.1-290.1","catch_line":"Payment for court-ordered counseling, treatment or programs","url":"\/16.1-290.1\/","token":"16.1\/11\/9\/16.1-290.1","metadata":false},{"id":66947,"structure_id":13006,"section_number":"16.1-290.2","catch_line":"Certain information to be made available to certain defendants found not guilty","url":"\/16.1-290.2\/","token":"16.1\/11\/9\/16.1-290.2","metadata":false}],"previous_section":{"id":72132,"structure_id":13006,"section_number":"16.1-279","catch_line":"Repealed","url":"\/16.1-279\/","token":"16.1\/11\/9\/16.1-279","metadata":false},"next_section":{"id":76101,"structure_id":13006,"section_number":"16.1-280","catch_line":"Commitment of juveniles with mental illness or intellectual disability","url":"\/16.1-280\/","token":"16.1\/11\/9\/16.1-280","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-279.1\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 631 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 22 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1987, chapter 497; in 1992, chapter 886; in 1994, chapters 360<\/a>, 521<\/a>, 739<\/a>, and 907<\/a>; in 1996, chapters 866<\/a>, 900<\/a>, and 945<\/a>; in 1997, chapter 603<\/a>; in 1998, chapter 684<\/a>; in 2000, chapters 34<\/a> and 654<\/a>; in 2002, chapters 508<\/a>, 810<\/a>, and 818<\/a>; in 2004, chapters 972<\/a> and 980<\/a>; in 2006, chapter 308<\/a>; in 2008, chapters 73<\/a> and 246<\/a>; in 2009, chapters 343<\/a> and 732<\/a>; in 2010, chapters 425<\/a> and 468<\/a>; in 2011, chapters 445<\/a> and 480<\/a>; in 2012, chapters 152<\/a> and 261<\/a>; in 2014, chapters 318<\/a>, 346<\/a>, and 613<\/a>; in 2016, chapter 102<\/a>; in 2018, chapters 38<\/a> and 652<\/a>; in 2020, chapter 137<\/a>; in 2023, chapters 370<\/a>, 620<\/a>, 621<\/a>, and 742<\/a>; in 2024, chapters 26<\/a> and 594<\/a>; in 2025, chapters 26<\/a> and 161<\/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":60177,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","order_by":null,"url":"\/16.1-253.4\/"},{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":75260,"section_number":"16.1-278.14","catch_line":"Criminal jurisdiction; protective orders; family offenses","order_by":null,"url":"\/16.1-278.14\/"},{"id":81859,"section_number":"16.1-296","catch_line":"Jurisdiction of appeals; procedure","order_by":null,"url":"\/16.1-296\/"},{"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":69430,"section_number":"17.1-513","catch_line":"Jurisdiction of circuit courts","order_by":null,"url":"\/17.1-513\/"},{"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":63272,"section_number":"18.2-324.2","catch_line":"Use of unmanned aircraft system for certain purposes; penalty","order_by":null,"url":"\/18.2-324.2\/"},{"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":61690,"section_number":"19.2-152.10:1","catch_line":"Hope Card Program for persons protected by protective orders","order_by":null,"url":"\/19.2-152.10_1\/"},{"id":55954,"section_number":"19.2-368.10","catch_line":"When awards to be made; reporting crime to law enforcement","order_by":null,"url":"\/19.2-368.10\/"},{"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":73723,"section_number":"55.1-1230","catch_line":"Access following entry of certain court orders","order_by":null,"url":"\/55.1-1230\/"},{"id":68972,"section_number":"55.1-1236","catch_line":"Early termination of rental agreements by victims of family abuse, sexual abuse or other criminal sexual assault, or stalking","order_by":null,"url":"\/55.1-1236\/"},{"id":60662,"section_number":"55.1-1245","catch_line":"(Effective the later of July 1, 2028, or 7 years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty","order_by":null,"url":"\/55.1-1245\/"},{"id":81084,"section_number":"63.2-1521","catch_line":"Testimony by child using two-way closed-circuit television","order_by":null,"url":"\/63.2-1521\/"},{"id":59659,"section_number":"63.2-1530","catch_line":"Virginia Child Protection Accountability System","order_by":null,"url":"\/63.2-1530\/"}],"refers_to":[{"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":86162,"section_number":"20-108.1","catch_line":"Determination of child or spousal support","order_by":null,"url":"\/20-108.1\/"},{"id":86401,"section_number":"3.2-6500","catch_line":"Definitions","order_by":null,"url":"\/3.2-6500\/"},{"id":60818,"section_number":"52-12","catch_line":"Establishment of State Police communication system","order_by":null,"url":"\/52-12\/"},{"id":82871,"section_number":"8.01-286.1","catch_line":"Service of process; waiver, duty to save costs, request to waive, how served","order_by":null,"url":"\/8.01-286.1\/"}],"permalink":{"id":161883,"object_type":"law","relational_id":62456,"identifier":"16.1-279.1","token":"16.1\/11\/9\/16.1-279.1","url":"\/16.1-279.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-279.1\/","token":"16.1\/11\/9\/16.1-279.1","dublin_core":{"Title":"Protective order in cases of family abuse","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-279.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In cases of family abuse<\/span>, including any case involving an incarcerated or recently incarcerated respondent against whom a preliminary protective order<\/span> has been issued pursuant to \u00a7 16.1-253.1<\/a>, the court<\/span> may issue<\/span> a protective order<\/span> to protect the health and safety of the petitioner and family or household members<\/span> of the petitioner. A protective order<\/span> issued under this section may include any one or more of the following conditions to be imposed 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 petitioner or family or household members<\/span> of the petitioner as the court<\/span> deems necessary for the health or safety of such persons; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Granting the petitioner possession<\/span> of the residence 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

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

6.<\/span> Granting the petitioner temporary possession<\/span> or use of a motor vehicle owned by the petitioner alone or jointly owned by the parties to the exclusion of the respondent and enjoining the respondent from terminating any insurance, registration, or taxes on the motor vehicle and directing the respondent to maintain the insurance, registration, and taxes, as appropriate; however, no such grant of possession<\/span> or use shall affect title to the vehicle; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

8.<\/span> Ordering the respondent to participate in treatment, counseling or other programs as the court<\/span> deems appropriate; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/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>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Any other relief necessary for the protection of the petitioner and family or household members<\/span> of the petitioner, including a provision for temporary custody<\/span> or visitation of a minor<\/span> child.\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 requiring the local board of social services to provide services to the child and family. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> If a protective order<\/span> is issued pursuant to subsection A, the court<\/span> may also issue<\/span> a temporary child support order for the support of any children of the petitioner whom the respondent has a legal obligation to support. Such temporary child support order shall terminate upon the determination of support pursuant to § 20-108.1<\/a> or upon the termination of such protective order<\/span>, whichever occurs first. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. The protective order<\/span> may be issued for a specified period of time up to a maximum of two years. However, if the court<\/span> finds, based upon evidence<\/span> presented, that the respondent has been subject to a previous order issued within 10 years pursuant to this section, the protective order<\/span> may be issued for a specified period of time up to a maximum of four years. The protective order<\/span> shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the two-year or four-year period if no date is specified. Prior to the expiration of the protective order<\/span>, a petitioner may file a written motion<\/span> requesting a hearing<\/span> to extend the order. Proceedings to extend a protective order<\/span> shall be given precedence on the docket<\/span> of the court<\/span>. A written motion<\/span> requesting a hearing<\/span> to extend the protective order<\/span> shall be served as soon as possible on the respondent.\n\t\t\tIf the petitioner was a family or household member<\/span> of the respondent at the time the initial protective order<\/span> was issued, the court<\/span> may extend the protective order<\/span> for a period not longer than two years, regardless of whether such order was initially issued for a period of time up to a maximum of two years or four years, to protect the health and safety of the petitioner or persons who are family or household members<\/span> of the petitioner at the time the request for an extension is made. The extension of the protective order<\/span> shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the two-year period if no date is specified. Nothing herein shall limit the number of extensions that may be requested or issued. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Upon the filing of a written motion<\/span> requesting a hearing<\/span> to extend the protective order<\/span>, the court<\/span> may issue<\/span> an ex parte<\/span> preliminary protective order<\/span> pursuant to § 16.1-253.1<\/a> until the extension hearing<\/span>. The ex parte<\/span> preliminary protective order<\/span> shall specify a date for the extension hearing<\/span>, which shall be held within 15 days of the issuance of the ex parte<\/span> preliminary protective order<\/span> and may be held after the expiration of the protective order<\/span>. If the respondent fails to appear at the extension hearing<\/span> because the respondent was not personally served, the court<\/span> shall schedule a new date for the extension hearing<\/span> and may extend the ex parte<\/span> preliminary protective order<\/span> until such new date. The extended ex parte<\/span> preliminary protective order<\/span> shall be served as soon as possible on the respondent. If the respondent was personally served, where the petitioner shows by clear and convincing evidence<\/span> that a continuance<\/span> is necessary to meet the ends of justice or the respondent shows good cause, the court<\/span> may continue the extension hearing<\/span> and such ex parte<\/span> preliminary protective order<\/span> shall remain in effect until the extension hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A copy<\/span> of the protective order<\/span> shall be served on the respondent and provided to the petitioner as soon as possible. The court<\/span>, including a circuit<\/span> court if the circuit<\/span> court issued the order, 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> and shall forthwith forward the attested copy<\/span> of the protective order<\/span> containing any such identifying information 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 upon the respondent and due return made to the court<\/span>. 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>. If the order is later dissolved or modified, a copy<\/span> 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

D.<\/span> Except as otherwise 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

E.<\/span> The court<\/span> may assess costs and attorney fees against either party<\/span> regardless of whether an order of protection has been issued as a result of a full hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any judgment<\/span>, order or decree<\/span>, whether permanent or temporary, issued by a court of appropriate jurisdiction<\/span> in another state, the United States or any of its territories, possessions<\/span> or Commonwealths, the District of Columbia or by any tribal court of appropriate jurisdiction<\/span> for the purpose of preventing violent or threatening acts or harassment against or contact or communication with or physical proximity to another person, including any of the conditions specified in subsection A, shall be accorded full faith and credit and enforced in the Commonwealth as if it were an order of the Commonwealth, provided reasonable notice and opportunity to be heard were given by the issuing jurisdiction<\/span> to the person against whom the order is sought to be enforced sufficient to protect such person’s due process<\/span> rights and consistent with federal law<\/span>. A person entitled to protection under such a foreign order may file the order in any juvenile and domestic relations district court by filing with the court<\/span> an attested or exemplified copy<\/span> of the order. Upon such a filing, the clerk shall forthwith forward an attested copy<\/span> of the order to the primary law<\/span>-enforcement agency responsible for service and entry of protective orders<\/span> which shall, upon receipt, 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. Where practical, the court<\/span> may transfer information electronically to the Virginia Criminal Information Network.\n\t\t\tUpon inquiry by any law<\/span>-enforcement agency of the Commonwealth, the clerk shall make a copy<\/span> available of any foreign order filed with that court. A law<\/span>-enforcement officer may, in the performance of his duties, rely upon a copy<\/span> of a foreign protective order<\/span> or other suitable evidence<\/span> which has been provided to him by any source and may also rely upon the statement of any person protected by the order that the order remains in effect. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Either party<\/span> may at any time file a written motion<\/span> with the court<\/span> requesting a hearing<\/span> to dissolve or modify the order. Proceedings to dissolve or modify a protective order<\/span> shall be given precedence on the docket<\/span> of the court<\/span>. Upon petitioner’s motion<\/span> to dissolve the protective order<\/span>, a dissolution order may be issued ex parte<\/span> by the court<\/span> with or without a hearing<\/span>. If an ex parte<\/span> hearing<\/span> is held, it shall be heard by the court<\/span> as soon as practicable. If a dissolution order is issued ex parte<\/span>, the court<\/span> shall serve a copy<\/span> of such dissolution order on respondent in conformity with §§ 8.01-286.1<\/a> and 8.01-296<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> As used in this section:\n\t\t\t“Copy<\/span>” includes a facsimile copy<\/span>.\n\t\t\t“Protective order<\/span>” includes an initial, modified or extended protective order<\/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> No fee shall be charged for filing or serving any petition<\/span> or order pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

L.<\/span> An appeal<\/span> of a final protective order<\/span> issued by a circuit<\/span> court pursuant to this section shall be given expedited review by the Court<\/span> of Appeals<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> The respondent shall be required to notify the court<\/span> in writing within seven days of any change of residence while the protective order<\/span> is in effect, provided that the respondent has been served a copy<\/span> of such order in accordance with the provisions of this section. A violation of this subsection shall be punishable by contempt. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROTECTIVE ORDER IN CASES OF FAMILY ABUSE (\u00a7 16.1-279.1)\n\nA. In cases of family abuse, including any case involving an incarcerated or\nrecently incarcerated respondent against whom a preliminary protective order has\nbeen issued pursuant to \u00a7 16.1-253.1, the court may issue a protective order to\nprotect the health and safety of the petitioner and family or household members\nof the petitioner. A protective order issued under this section may include any\none or more of the following conditions to be imposed 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 petitioner or family\n or household members of the petitioner as the court deems necessary for the\n health or safety of such persons;\n\n 3. Granting the petitioner possession of the residence occupied by the parties\n to the exclusion of the respondent; however, no such grant of possession shall\n affect title to any real or personal property;\n\n 4. Enjoining the respondent from terminating any necessary utility service to\n the residence to which the petitioner was granted possession pursuant to\n subdivision 3 or, where appropriate, ordering the respondent to restore\n utility services to that residence;\n\n 5. Granting the petitioner and, where appropriate, any other family or\n household member of the petitioner, exclusive use and possession of a cellular\n telephone number or electronic device and the password to such device. The\n court may enjoin the respondent from terminating a cellular telephone number\n or electronic device before the expiration of the contract term with a\n third-party provider. The court may enjoin the respondent from using a\n cellular telephone or other electronic device to locate or surveille the\n petitioner;\n\n 6. Granting the petitioner temporary possession or use of a motor vehicle\n owned by the petitioner alone or jointly owned by the parties to the exclusion\n of the respondent and enjoining the respondent from terminating any insurance,\n registration, or taxes on the motor vehicle and directing the respondent to\n maintain the insurance, registration, and taxes, as appropriate; however, no\n such grant of possession or use shall affect title to the vehicle;\n\n 7. Requiring that the respondent provide suitable alternative housing for the\n petitioner and, if appropriate, any other family or household member and where\n appropriate, requiring the respondent to pay deposits to connect or restore\n necessary utility services in the alternative housing provided;\n\n 8. Ordering the respondent to participate in treatment, counseling or other\n programs as the court deems appropriate;\n\n 9. 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; and\n\n 10. Any other relief necessary for the protection of the petitioner and family\n or household members of the petitioner, including a provision for temporary\n custody or visitation of a minor child.\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\nA1. If a protective order is issued pursuant to subsection A, the court may also\nissue a temporary child support order for the support of any children of the\npetitioner whom the respondent has a legal obligation to support. Such temporary\nchild support order shall terminate upon the determination of support pursuant\nto § 20-108.1 or upon the termination of such protective order, whichever\noccurs first.\n\nB. 1. The protective order may be issued for a specified period of time up to a\nmaximum of two years. However, if the court finds, based upon evidence\npresented, that the respondent has been subject to a previous order issued\nwithin 10 years pursuant to this section, the protective order may be issued for\na specified period of time up to a maximum of four years. The protective order\nshall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the\nlast day of the two-year or four-year period if no date is specified. Prior to\nthe expiration of the protective order, a petitioner may file a written motion\nrequesting a hearing to extend the order. Proceedings to extend a protective\norder shall be given precedence on the docket of the court. A written motion\nrequesting a hearing to extend the protective order shall be served as soon as\npossible on the respondent.\n\t\t\tIf the petitioner was a family or household member of the respondent at the\ntime the initial protective order was issued, the court may extend the\nprotective order for a period not longer than two years, regardless of whether\nsuch order was initially issued for a period of time up to a maximum of two\nyears or four years, to protect the health and safety of the petitioner or\npersons who are family or household members of the petitioner at the time the\nrequest for an extension is made. The extension of the protective order shall\nexpire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day\nof the two-year period if no date is specified. Nothing herein shall limit the\nnumber of extensions that may be requested or issued.\n\n 2. Upon the filing of a written motion requesting a hearing to extend the\n protective order, the court may issue an ex parte preliminary protective order\n pursuant to § 16.1-253.1 until the extension hearing. The ex parte\n preliminary protective order shall specify a date for the extension hearing,\n which shall be held within 15 days of the issuance of the ex parte preliminary\n protective order and may be held after the expiration of the protective order.\n If the respondent fails to appear at the extension hearing because the\n respondent was not personally served, the court shall schedule a new date for\n the extension hearing and may extend the ex parte preliminary protective order\n until such new date. The extended ex parte preliminary protective order shall\n be served as soon as possible on the respondent. If the respondent was\n personally served, where the petitioner shows by clear and convincing evidence\n that a continuance is necessary to meet the ends of justice or the respondent\n shows good cause, the court may continue the extension hearing and such ex\n parte preliminary protective order shall remain in effect until the extension\n hearing.\n\nC. A copy of the protective order shall be served on the respondent and provided\nto the petitioner as soon as possible. The court, including a circuit court if\nthe circuit court issued the order, shall forthwith, but in all cases no later\nthan the end of the business day on which the order was issued, enter and\ntransfer electronically 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 and shall forthwith forward\nthe attested copy of the protective order containing any such identifying\ninformation to the primary law-enforcement agency responsible for service and\nentry of protective orders. Upon receipt of the order by the primary\nlaw-enforcement agency, the agency shall forthwith verify and enter any\nmodification as necessary to the identifying information 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 respondent and due return made to the court. Upon\nservice, the agency making service shall enter the date and time of service and\nother appropriate information required by the Department of State Police into\nthe Virginia Criminal Information Network and make due return to the court. If\nthe order is later dissolved or modified, a copy of the dissolution or\nmodification order shall also be attested, forwarded forthwith to the primary\nlaw-enforcement agency responsible for service and entry of protective orders,\nand upon 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 as\ndescribed above and the order shall be served forthwith and due return made to\nthe court.\n\nD. Except as otherwise provided in § 16.1-253.2, a violation of a\nprotective order issued under this section shall constitute contempt of court.\n\nE. The court may assess costs and attorney fees against either party regardless\nof whether an order of protection has been issued as a result of a full hearing.\n\nF. Any judgment, order or decree, whether permanent or temporary, issued by a\ncourt of appropriate jurisdiction in another state, the United States or any of\nits territories, possessions or Commonwealths, the District of Columbia or by\nany tribal court of appropriate jurisdiction for the purpose of preventing\nviolent or threatening acts or harassment against or contact or communication\nwith or physical proximity to another person, including any of the conditions\nspecified in subsection A, shall be accorded full faith and credit and enforced\nin the Commonwealth as if it were an order of the Commonwealth, provided\nreasonable notice and opportunity to be heard were given by the issuing\njurisdiction to the person against whom the order is sought to be enforced\nsufficient to protect such person’s due process rights and consistent with\nfederal law. A person entitled to protection under such a foreign order may file\nthe order in any juvenile and domestic relations district court by filing with\nthe court an attested or exemplified copy of the order. Upon such a filing, the\nclerk shall forthwith forward an attested copy of the order to the primary\nlaw-enforcement agency responsible for service and entry of protective orders\nwhich shall, upon receipt, enter the name of the person subject to the order and\nother appropriate information required by the Department of State Police into\nthe Virginia Criminal Information Network established and maintained by the\nDepartment pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. Where\npractical, the court may transfer information electronically to the Virginia\nCriminal Information Network.\n\t\t\tUpon inquiry by any law-enforcement agency of the Commonwealth, the clerk\nshall make a copy available of any foreign order filed with that court. A\nlaw-enforcement officer may, in the performance of his duties, rely upon a copy\nof a foreign protective order or other suitable evidence which has been provided\nto him by any source and may also rely upon the statement of any person\nprotected by the order that the order remains in effect.\n\nG. Either party may at any time file a written motion with the court requesting\na hearing to dissolve or modify the order. Proceedings to dissolve or modify a\nprotective order shall be given precedence on the docket of the court. Upon\npetitioner’s motion to dissolve the protective order, a dissolution order\nmay be issued ex parte by the court with or without a hearing. If an ex parte\nhearing is held, it shall be heard by the court as soon as practicable. If a\ndissolution order is issued ex parte, the court shall serve a copy of such\ndissolution order on respondent in conformity with §§ 8.01-286.1 and\n8.01-296.\n\nH. As used in this section:\n\t\t\t“Copy” includes a facsimile copy.\n\t\t\t“Protective order” includes an initial, modified or extended\nprotective order.\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. No fee shall be charged for filing or serving any petition or order pursuant\nto this section.\n\nK. Upon issuance of a protective order, the clerk of the 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\nL. An appeal of a final protective order issued by a circuit court pursuant to\nthis section shall be given expedited review by the Court of Appeals.\n\nM. The respondent shall be required to notify the court in writing within seven\ndays of any change of residence while the protective order is in effect,\nprovided that the respondent has been served a copy of such order in accordance\nwith the provisions of this section. A violation of this subsection shall be\npunishable by contempt.\n\nHISTORY: 1984, c. 631; 1987, c. 497; 1992, c. 886; 1994, cc. 360, 521, 739, 907;\n1996, cc. 866, 900, 945; 1997, c. 603; 1998, c. 684; 2000, cc. 34, 654; 2002,\ncc. 508, 810, 818; 2004, cc. 972, 980; 2006, c. 308; 2008, cc. 73, 246; 2009,\ncc. 343, 732; 2010, cc. 425, 468; 2011, cc. 445, 480; 2012, cc. 152, 261; 2014,\ncc. 318, 346, 613; 2016, c. 102; 2018, cc. 38, 652; 2020, c. 137; 2021, Sp.\nSess. I, c. 489; 2023, cc. 370, 620, 621, 742; 2024, cc. 26, 594; 2025, cc. 26,\n161.","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}}