{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-152.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-152.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-152.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-152.8.html"}],"law_id":67602,"edition_id":1,"section_id":67602,"structure_id":15107,"section_number":"19.2-152.8","catch_line":"Emergency protective orders authorized","history":"1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2001, c. 474; 2002, cc. 507, 706, 810, 818; 2003, c. 730; 2008, cc. 73, 246; 2009, cc. 341, 732; 2011, cc. 445, 480; 2012, cc. 146, 637, 827; 2014, c. 346; 2016, c. 455; 2018, c. 652; 2025, c. 26.","full_text":"A\n\nAny judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte emergency protective order pursuant to this section in order to protect the health or safety of any person.B\n\nWhen a law-enforcement officer or an alleged victim asserts under oath to a judge or magistrate that such person is being or has been subjected to an act of violence, force, or threat and on that assertion or other evidence the judge or magistrate finds that (i) there is probable danger of a further such act being committed by the respondent against the alleged victim or (ii) a petition or warrant for the arrest of the respondent has been issued for any criminal offense resulting from the commission of an act of violence, force, or threat, the judge or magistrate shall issue an ex parte emergency protective order imposing one or more of the following conditions on the respondent:1\n\nProhibiting acts of violence, force, or threat or criminal offenses resulting in injury to person or property;2\n\nProhibiting such contacts by the respondent with the alleged victim or the alleged victim’s family or household members, including prohibiting the respondent from being in the physical presence of the alleged victim or the alleged victim’s family or household members, as the judge or magistrate deems necessary to protect the safety of such persons;3\n\nSuch other conditions as the judge or magistrate deems necessary to prevent (i) acts of violence, force, or threat, (ii) criminal offenses resulting in injury to person or property, or (iii) communication or other contact of any kind by the respondent; and4\n\nGranting the petitioner the possession of any companion animal as defined in § 3.2-6500 if such petitioner meets the definition of owner in § 3.2-6500.\n\t\t\t\tIn addition, if the respondent is a juvenile, the court may, upon its own motion or upon the motion of the attorney or guardian ad litem representing the respondent, enter an order requiring the local board of social services to provide services to the child and family.C\n\nAn emergency protective order issued pursuant to this section shall expire at 11:59 p.m. on the third day following issuance. If the expiration occurs on a day that the court is not in session, the emergency protective order shall be extended until 11:59 p.m. on the next day that the court which issued the order is in session. The respondent may at any time file a motion with the court requesting a hearing to dissolve or modify the order. The hearing on the motion shall be given precedence on the docket of the court.D\n\nA law-enforcement officer may request an emergency protective order pursuant to this section and, if the person in need of protection is physically or mentally incapable of filing a petition pursuant to § 19.2-152.9 or 19.2-152.10, may request the extension of an emergency protective order for an additional period of time not to exceed three days after expiration of the original order. The request for an emergency protective order or extension of an order may be made orally, in person or by electronic means, and the judge of a circuit court, general district court, or juvenile and domestic relations district court or a magistrate may issue an oral emergency protective order. An oral emergency protective order issued pursuant to this section shall be reduced to writing, by the law-enforcement officer requesting the order or the magistrate, on a preprinted form approved and provided by the Supreme Court of Virginia. The completed form shall include a statement of the grounds for the order asserted by the officer or the alleged victim of such crime.E\n\nThe court or magistrate shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer electronically to the Virginia Criminal Information Network the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court or magistrate. A copy of an emergency protective order issued pursuant to this section containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith upon the respondent and due return made to the court. However, if the order is issued by the circuit court, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court to the primary law-enforcement agency providing service and entry of protective orders and upon receipt of the order, the primary law-enforcement agency shall enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal 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. Upon service, the agency making service shall enter the date and time of service and other appropriate information required into the Virginia Criminal Information Network and make due return to the court. One copy of the order shall be given to the alleged victim of such crime. The judge or magistrate who issues an oral order pursuant to an electronic request by a law-enforcement officer shall verify the written order to determine whether the officer who reduced it to writing accurately transcribed the contents of the oral order. The original copy shall be filed with the clerk of the appropriate district court within five business days of the issuance of the order. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested, forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders, and upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described above and the order shall be served forthwith and due return made to the court. Upon request, the clerk shall provide the alleged victim of such crime with information regarding the date and time of service.F\n\nThe issuance of an emergency protective order shall not be considered evidence of any wrongdoing by the respondent.G\n\nAs used in this section, a “law-enforcement officer” means any (i) person who is a full-time or part-time employee of a police department or sheriff’s office which is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth and (ii) member of an auxiliary police force established pursuant to § 15.2-1731. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff’s office.H\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.I\n\nAs used in this section:\n\t\t\t“Copy” includes a facsimile copy.\n\t\t\t“Physical presence” includes (i) intentionally maintaining direct visual contact with the petitioner or (ii) unreasonably being within 100 feet from the petitioner’s residence or place of employment.J\n\nNo fee shall be charged for filing or serving any petition pursuant to this section.K\n\nNo emergency protective order shall be issued pursuant to this section against a law-enforcement officer for any action arising out of the lawful performance of his duties.L\n\nUpon issuance of an emergency 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.","order_by":null,"text":{"0":{"id":244913,"text":"Any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte emergency protective order pursuant to this section in order to protect the health or safety of any person.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244914,"text":"When a law-enforcement officer or an alleged victim asserts under oath to a judge or magistrate that such person is being or has been subjected to an act of violence, force, or threat and on that assertion or other evidence the judge or magistrate finds that (i) there is probable danger of a further such act being committed by the respondent against the alleged victim or (ii) a petition or warrant for the arrest of the respondent has been issued for any criminal offense resulting from the commission of an act of violence, force, or threat, the judge or magistrate shall issue an ex parte emergency protective order imposing one or more of the following conditions on the respondent:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":244915,"text":"Prohibiting acts of violence, force, or threat or criminal offenses resulting in injury to person or property;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":244916,"text":"Prohibiting such contacts by the respondent with the alleged victim or the alleged victim’s family or household members, including prohibiting the respondent from being in the physical presence of the alleged victim or the alleged victim’s family or household members, as the judge or magistrate deems necessary to protect the safety of such persons;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":244917,"text":"Such other conditions as the judge or magistrate deems necessary to prevent (i) acts of violence, force, or threat, (ii) criminal offenses resulting in injury to person or property, or (iii) communication or other contact of any kind by the respondent; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":244918,"text":"Granting the petitioner the possession of any companion animal as defined in § 3.2-6500 if such petitioner meets the definition of owner in § 3.2-6500.\n\t\t\t\tIn addition, if the respondent is a juvenile, the court may, upon its own motion or upon the motion of the attorney or guardian ad litem representing the respondent, enter an order requiring the local board of social services to provide services to the child and family.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":244919,"text":"An emergency protective order issued pursuant to this section shall expire at 11:59 p.m. on the third day following issuance. If the expiration occurs on a day that the court is not in session, the emergency protective order shall be extended until 11:59 p.m. on the next day that the court which issued the order is in session. The respondent may at any time file a motion with the court requesting a hearing to dissolve or modify the order. The hearing on the motion shall be given precedence on the docket of the court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":244920,"text":"A law-enforcement officer may request an emergency protective order pursuant to this section and, if the person in need of protection is physically or mentally incapable of filing a petition pursuant to § 19.2-152.9 or 19.2-152.10, may request the extension of an emergency protective order for an additional period of time not to exceed three days after expiration of the original order. The request for an emergency protective order or extension of an order may be made orally, in person or by electronic means, and the judge of a circuit court, general district court, or juvenile and domestic relations district court or a magistrate may issue an oral emergency protective order. An oral emergency protective order issued pursuant to this section shall be reduced to writing, by the law-enforcement officer requesting the order or the magistrate, on a preprinted form approved and provided by the Supreme Court of Virginia. The completed form shall include a statement of the grounds for the order asserted by the officer or the alleged victim of such crime.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":244921,"text":"The court or magistrate shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer electronically to the Virginia Criminal Information Network the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court or magistrate. A copy of an emergency protective order issued pursuant to this section containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith upon the respondent and due return made to the court. However, if the order is issued by the circuit court, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court to the primary law-enforcement agency providing service and entry of protective orders and upon receipt of the order, the primary law-enforcement agency shall enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal 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. Upon service, the agency making service shall enter the date and time of service and other appropriate information required into the Virginia Criminal Information Network and make due return to the court. One copy of the order shall be given to the alleged victim of such crime. The judge or magistrate who issues an oral order pursuant to an electronic request by a law-enforcement officer shall verify the written order to determine whether the officer who reduced it to writing accurately transcribed the contents of the oral order. The original copy shall be filed with the clerk of the appropriate district court within five business days of the issuance of the order. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested, forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders, and upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described above and the order shall be served forthwith and due return made to the court. Upon request, the clerk shall provide the alleged victim of such crime with information regarding the date and time of service.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":244922,"text":"The issuance of an emergency protective order shall not be considered evidence of any wrongdoing by the respondent.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":244923,"text":"As used in this section, a “law-enforcement officer” means any (i) person who is a full-time or part-time employee of a police department or sheriff’s office which is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth and (ii) member of an auxiliary police force established pursuant to § 15.2-1731. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff’s office.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":244924,"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":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"12":{"id":244925,"text":"As used in this section:\n\t\t\t“Copy” includes a facsimile copy.\n\t\t\t“Physical presence” includes (i) intentionally maintaining direct visual contact with the petitioner or (ii) unreasonably being within 100 feet from the petitioner’s residence or place of employment.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"13":{"id":244926,"text":"No fee shall be charged for filing or serving any petition pursuant to this section.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"14":{"id":244927,"text":"No emergency protective order shall be issued pursuant to this section against a law-enforcement officer for any action arising out of the lawful performance of his duties.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"15":{"id":244928,"text":"Upon issuance of an emergency 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":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K"}},"ancestry":[{"id":15107,"edition_id":1,"name":"Protective Orders","identifier":"9.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:52:11","date_modified":"2026-06-26 03:52:11","permalink":{"id":171401,"object_type":"structure","relational_id":15107,"identifier":"9.1","token":"19.2\/9.1","url":"\/19.2\/9.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83461,"structure_id":15107,"section_number":"19.2-152.10","catch_line":"Protective order","url":"\/19.2-152.10\/","token":"19.2\/9.1\/19.2-152.10","metadata":false},{"id":61690,"structure_id":15107,"section_number":"19.2-152.10:1","catch_line":"Hope Card Program for persons protected by protective orders","url":"\/19.2-152.10_1\/","token":"19.2\/9.1\/19.2-152.10_1","metadata":false},{"id":81503,"structure_id":15107,"section_number":"19.2-152.11","catch_line":"Venue for protective orders","url":"\/19.2-152.11\/","token":"19.2\/9.1\/19.2-152.11","metadata":false},{"id":76411,"structure_id":15107,"section_number":"19.2-152.12","catch_line":"Compensation for required representation of respondents","url":"\/19.2-152.12\/","token":"19.2\/9.1\/19.2-152.12","metadata":false},{"id":81395,"structure_id":15107,"section_number":"19.2-152.7:1","catch_line":"Definitions","url":"\/19.2-152.7_1\/","token":"19.2\/9.1\/19.2-152.7_1","metadata":false},{"id":67602,"structure_id":15107,"section_number":"19.2-152.8","catch_line":"Emergency protective orders authorized","url":"\/19.2-152.8\/","token":"19.2\/9.1\/19.2-152.8","metadata":false},{"id":57556,"structure_id":15107,"section_number":"19.2-152.9","catch_line":"Preliminary protective orders","url":"\/19.2-152.9\/","token":"19.2\/9.1\/19.2-152.9","metadata":false}],"previous_section":{"id":81395,"structure_id":15107,"section_number":"19.2-152.7:1","catch_line":"Definitions","url":"\/19.2-152.7_1\/","token":"19.2\/9.1\/19.2-152.7_1","metadata":false},"next_section":{"id":57556,"structure_id":15107,"section_number":"19.2-152.9","catch_line":"Preliminary protective orders","url":"\/19.2-152.9\/","token":"19.2\/9.1\/19.2-152.9","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-152.8\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 831<\/a> 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. It has been modified 13 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 1998, chapters 569<\/a> and 684<\/a>; in 1999, chapter 371<\/a>; in 2001, chapter 474<\/a>; in 2002, chapters 507<\/a>, 706<\/a>, 810<\/a>, and 818<\/a>; in 2003, chapter 730<\/a>; in 2008, chapters 73<\/a> and 246<\/a>; in 2009, chapters 341<\/a> and 732<\/a>; in 2011, chapters 445<\/a> and 480<\/a>; in 2012, chapters 146<\/a>, 637<\/a>, and 827<\/a>; in 2014, chapter 346<\/a>; in 2016, chapter 455<\/a>; in 2018, chapter 652<\/a>; in 2025, chapter 26<\/a>.<\/p>","references":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":75806,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","order_by":null,"url":"\/16.1-264\/"},{"id":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":86834,"section_number":"18.2-60.4","catch_line":"Violation of protective orders; penalty","order_by":null,"url":"\/18.2-60.4\/"},{"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":57556,"section_number":"19.2-152.9","catch_line":"Preliminary protective orders","order_by":null,"url":"\/19.2-152.9\/"},{"id":86739,"section_number":"19.2-81.3","catch_line":"Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc","order_by":null,"url":"\/19.2-81.3\/"}],"refers_to":[{"id":79396,"section_number":"15.2-1731","catch_line":"Establishment, etc., authorized; powers, authority and immunities generally","order_by":null,"url":"\/15.2-1731\/"},{"id":83461,"section_number":"19.2-152.10","catch_line":"Protective order","order_by":null,"url":"\/19.2-152.10\/"},{"id":57556,"section_number":"19.2-152.9","catch_line":"Preliminary protective orders","order_by":null,"url":"\/19.2-152.9\/"},{"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":171423,"object_type":"law","relational_id":67602,"identifier":"19.2-152.8","token":"19.2\/9.1\/19.2-152.8","url":"\/19.2-152.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-152.8\/","token":"19.2\/9.1\/19.2-152.8","dublin_core":{"Title":"Emergency protective orders authorized","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-152.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

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

B.<\/span> When a law<\/span>-enforcement officer<\/span> or an alleged victim asserts under oath<\/span> to a judge<\/span> or magistrate<\/span> that such person is being or has been subjected to an act of violence, force, or threat<\/span> and on that assertion or other evidence<\/span> the judge<\/span> or magistrate<\/span> finds that (i) there is probable danger of a further such act being committed by the respondent against the alleged victim or (ii) a petition<\/span> or warrant for the arrest<\/span> of the respondent has been issued for any criminal offense<\/span> resulting from the commission of an act of violence, force, or threat<\/span>, the judge<\/span> or magistrate<\/span> shall issue<\/span> an ex parte<\/span> emergency protective order<\/span> imposing one or more of the following conditions on the respondent: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Prohibiting acts of violence, force, or threat or criminal offenses<\/span> resulting 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 alleged victim or the alleged victim’s family or household members, including prohibiting the respondent from being in the physical presence<\/span> of the alleged victim or the alleged victim’s family or household members, as the judge<\/span> or magistrate<\/span> deems necessary to protect the safety of such persons; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Such other conditions as the judge<\/span> or magistrate<\/span> deems necessary to prevent (i) acts of violence, force, or threat, (ii) criminal offenses<\/span> resulting in injury to person or property, or (iii) communication or other contact of any kind by the respondent; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Granting the petitioner the possession<\/span> of any companion animal as defined in § 3.2-6500<\/a> if such petitioner meets the definition of owner in § 3.2-6500<\/a>.\n\t\t\t\tIn addition, if the respondent is a juvenile, the court<\/span> may, upon its own motion<\/span> or upon the motion<\/span> of the attorney or guardian ad litem<\/span> representing the respondent, enter an order<\/span> requiring the local board of social services to provide services to the child and family. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An emergency protective order<\/span> issued pursuant to this section shall expire at 11:59 p.m. on the third day following issuance. If the expiration occurs on a day that the court<\/span> is not in session, the emergency protective order<\/span> shall be extended until 11:59 p.m. on the next day that the court<\/span> which issued the order<\/span> is in session. The respondent may at any time file a motion<\/span> with the court<\/span> requesting a hearing<\/span> to dissolve or modify the order<\/span>. The hearing<\/span> on the motion<\/span> shall be given precedence on the docket<\/span> of the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A law<\/span>-enforcement officer<\/span> may request an emergency protective order<\/span> pursuant to this section and, if the person in need of protection is physically or mentally incapable of filing a petition<\/span> pursuant to § 19.2-152.9<\/a> or 19.2-152.10<\/a>, may request the extension of an emergency protective order<\/span> for an additional period of time not to exceed three days after expiration of the original order<\/span>. The request for an emergency protective order<\/span> or extension of an order<\/span> may be made orally, in person or by electronic means, and the judge<\/span> of a circuit<\/span> court<\/span>, general district court<\/span>, or juvenile and domestic relations district court<\/span> or a magistrate<\/span> may issue<\/span> an oral emergency protective order<\/span>. An oral emergency protective order<\/span> issued pursuant to this section shall be reduced to writing, by the law<\/span>-enforcement officer<\/span> requesting the order<\/span> or the magistrate<\/span>, on a preprinted form approved and provided by the Supreme Court<\/span> of Virginia. The completed form shall include a statement of the grounds for the order<\/span> asserted by the officer or the alleged victim of such crime<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The court<\/span> or magistrate<\/span> shall forthwith, but in all cases no later than the end of the business day on which the order<\/span> was issued, enter and transfer electronically to the Virginia Criminal Information Network the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court<\/span> or magistrate<\/span>. A copy<\/span> of an emergency protective order<\/span> issued pursuant to this section containing any such identifying information shall be forwarded forthwith to the primary law<\/span>-enforcement agency responsible for service and entry of protective orders<\/span>. Upon receipt of the order<\/span> by the primary law<\/span>-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12<\/a> et seq.) of Title 52 and the order<\/span> shall be served forthwith upon the respondent and due return made to the court<\/span>. However, if the order<\/span> is issued by the circuit<\/span> court<\/span>, the clerk of the circuit<\/span> court<\/span> shall forthwith forward an attested copy<\/span> of the order<\/span> containing the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court<\/span> to the primary law<\/span>-enforcement agency providing service and entry of protective orders<\/span> and upon receipt of the order<\/span>, the primary law<\/span>-enforcement agency shall enter the name of the person subject to the order<\/span> and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12<\/a> et seq.) of Title 52 and the order<\/span> shall be served forthwith upon the respondent. Upon service, the agency making service shall enter the date and time of service and other appropriate information required into the Virginia Criminal Information Network and make due return to the court<\/span>. One copy<\/span> of the order<\/span> shall be given to the alleged victim of such crime<\/span>. The judge<\/span> or magistrate<\/span> who issues<\/span> an oral order<\/span> pursuant to an electronic request by a law<\/span>-enforcement officer<\/span> shall verify the written order<\/span> to determine whether the officer who reduced it to writing accurately transcribed the contents of the oral order<\/span>. The original copy<\/span> shall be filed with the clerk of the appropriate district court<\/span> within five business days of the issuance of the order<\/span>. If the order<\/span> is later dissolved or modified, a copy<\/span> of the dissolution or modification order<\/span> shall also be attested, forwarded forthwith to the primary law<\/span>-enforcement agency responsible for service and entry of protective orders<\/span>, and upon receipt of the order<\/span> by the primary law<\/span>-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described above and the order<\/span> shall be served forthwith and due return made to the court<\/span>. Upon request, the clerk shall provide the alleged victim of such crime<\/span> with information regarding the date and time of service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

G.<\/span> As used in this section, a “law<\/span>-enforcement officer<\/span>” means any (i) person who is a full-time or part-time employee of a police department or sheriff’s office which is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime<\/span> and the enforcement of the penal, traffic or highway laws<\/span> of the Commonwealth and (ii) member of an auxiliary police force established pursuant to § 15.2-1731<\/a>. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff’s office. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Neither a law<\/span>-enforcement agency, the attorney for the Commonwealth, a court<\/span> nor the clerk’s office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order<\/span> or that of the family of such person, except to the extent that disclosure is (i) required by law<\/span> or the Rules of the Supreme Court<\/span>, (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

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

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

K.<\/span> No emergency protective order<\/span> shall be issued pursuant to this section against a law<\/span>-enforcement officer<\/span> for any action arising out of the lawful performance of his duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Upon issuance of an emergency protective order<\/span>, the clerk of the court<\/span> 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<\/span> cases. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMERGENCY PROTECTIVE ORDERS AUTHORIZED (\u00a7 19.2-152.8)\n\nA. Any judge of a circuit court, general district court, juvenile and domestic\nrelations district court or magistrate may issue a written or oral ex parte\nemergency protective order pursuant to this section in order to protect the\nhealth or safety of any person.\n\nB. When a law-enforcement officer or an alleged victim asserts under oath to a\njudge or magistrate that such person is being or has been subjected to an act of\nviolence, force, or threat and on that assertion or other evidence the judge or\nmagistrate finds that (i) there is probable danger of a further such act being\ncommitted by the respondent against the alleged victim or (ii) a petition or\nwarrant for the arrest of the respondent has been issued for any criminal\noffense resulting from the commission of an act of violence, force, or threat,\nthe judge or magistrate shall issue an ex parte emergency protective order\nimposing one or more of the following conditions on the respondent:\n\n 1. Prohibiting acts of violence, force, or threat or criminal offenses\n resulting in injury to person or property;\n\n 2. Prohibiting such contacts by the respondent with the alleged victim or the\n alleged victim’s family or household members, including prohibiting the\n respondent from being in the physical presence of the alleged victim or the\n alleged victim’s family or household members, as the judge or magistrate\n deems necessary to protect the safety of such persons;\n\n 3. Such other conditions as the judge or magistrate deems necessary to prevent\n (i) acts of violence, force, or threat, (ii) criminal offenses resulting in\n injury to person or property, or (iii) communication or other contact of any\n kind by the respondent; and\n\n 4. Granting the petitioner the possession of any companion animal as defined\n in § 3.2-6500 if such petitioner meets the definition of owner in §\n 3.2-6500.\n \t\t\t\tIn addition, if the respondent is a juvenile, the court may, upon its own\n motion or upon the motion of the attorney or guardian ad litem representing\n the respondent, enter an order requiring the local board of social services to\n provide services to the child and family.\n\nC. An emergency protective order issued pursuant to this section shall expire at\n11:59 p.m. on the third day following issuance. If the expiration occurs on a\nday that the court is not in session, the emergency protective order shall be\nextended until 11:59 p.m. on the next day that the court which issued the order\nis in session. The respondent may at any time file a motion with the court\nrequesting a hearing to dissolve or modify the order. The hearing on the motion\nshall be given precedence on the docket of the court.\n\nD. A law-enforcement officer may request an emergency protective order pursuant\nto this section and, if the person in need of protection is physically or\nmentally incapable of filing a petition pursuant to § 19.2-152.9 or\n19.2-152.10, may request the extension of an emergency protective order for an\nadditional period of time not to exceed three days after expiration of the\noriginal order. The request for an emergency protective order or extension of an\norder may be made orally, in person or by electronic means, and the judge of a\ncircuit court, general district court, or juvenile and domestic relations\ndistrict court or a magistrate may issue an oral emergency protective order. An\noral emergency protective order issued pursuant to this section shall be reduced\nto writing, by the law-enforcement officer requesting the order or the\nmagistrate, on a preprinted form approved and provided by the Supreme Court of\nVirginia. The completed form shall include a statement of the grounds for the\norder asserted by the officer or the alleged victim of such crime.\n\nE. The court or magistrate shall forthwith, but in all cases no later than the\nend of the business day on which the order was issued, enter and transfer\nelectronically to the Virginia Criminal Information Network the\nrespondent’s identifying information and the name, date of birth, sex, and\nrace of each protected person provided to the court or magistrate. A copy of an\nemergency protective order issued pursuant to this section containing any such\nidentifying information shall be forwarded forthwith to the primary\nlaw-enforcement agency responsible for service and entry of protective orders.\nUpon receipt of the order by the primary law-enforcement agency, the agency\nshall forthwith verify and enter any modification as necessary to the\nidentifying information and other appropriate information required by the\nDepartment of State Police into the Virginia Criminal Information Network\nestablished and maintained by the Department pursuant to Chapter 2 (§ 52-12\net seq.) of Title 52 and the order shall be served forthwith upon the respondent\nand due return made to the court. However, if the order is issued by the circuit\ncourt, the clerk of the circuit court shall forthwith forward an attested copy\nof the order containing the respondent’s identifying information and the\nname, date of birth, sex, and race of each protected person provided to the\ncourt to the primary law-enforcement agency providing service and entry of\nprotective orders and upon receipt of the order, the primary law-enforcement\nagency shall enter the name of the person subject to the order and other\nappropriate information required by the Department of State Police into the\nVirginia Criminal Information Network established and maintained by the\nDepartment pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the\norder shall be served forthwith upon the respondent. Upon service, the agency\nmaking service shall enter the date and time of service and other appropriate\ninformation required into the Virginia Criminal Information Network and make due\nreturn to the court. One copy of the order shall be given to the alleged victim\nof such crime. The judge or magistrate who issues an oral order pursuant to an\nelectronic request by a law-enforcement officer shall verify the written order\nto determine whether the officer who reduced it to writing accurately\ntranscribed the contents of the oral order. The original copy shall be filed\nwith the clerk of the appropriate district court within five business days of\nthe issuance of the order. If the order is later dissolved or modified, a copy\nof the dissolution or modification order shall also be attested, forwarded\nforthwith to the primary law-enforcement agency responsible for service and\nentry of protective orders, and 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 as described above and the order shall be served\nforthwith and due return made to the court. Upon request, the clerk shall\nprovide the alleged victim of such crime with information regarding the date and\ntime of service.\n\nF. The issuance of an emergency protective order shall not be considered\nevidence of any wrongdoing by the respondent.\n\nG. As used in this section, a “law-enforcement officer” means any\n(i) person who is a full-time or part-time employee of a police department or\nsheriff’s office which is part of or administered by the Commonwealth or\nany political subdivision thereof and who is responsible for the prevention and\ndetection of crime and the enforcement of the penal, traffic or highway laws of\nthe Commonwealth and (ii) member of an auxiliary police force established\npursuant to § 15.2-1731. Part-time employees are compensated officers who\nare not full-time employees as defined by the employing police department or\nsheriff’s office.\n\nH. 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\nI. As used in this section:\n\t\t\t“Copy” includes a facsimile copy.\n\t\t\t“Physical presence” includes (i) intentionally maintaining direct\nvisual contact with the petitioner or (ii) unreasonably being within 100 feet\nfrom the petitioner’s residence or place of employment.\n\nJ. No fee shall be charged for filing or serving any petition pursuant to this\nsection.\n\nK. No emergency protective order shall be issued pursuant to this section\nagainst a law-enforcement officer for any action arising out of the lawful\nperformance of his duties.\n\nL. Upon issuance of an emergency protective order, the clerk of the court shall\nmake available to the petitioner information that is published by the Department\nof Criminal Justice Services for victims of domestic violence or for petitioners\nin protective order cases.\n\nHISTORY: 1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2001, c. 474; 2002, cc.\n507, 706, 810, 818; 2003, c. 730; 2008, cc. 73, 246; 2009, cc. 341, 732; 2011,\ncc. 445, 480; 2012, cc. 146, 637, 827; 2014, c. 346; 2016, c. 455; 2018, c. 652;\n2025, c. 26.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}