{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-152.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-152.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-152.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-152.9.html"}],"law_id":57556,"edition_id":1,"section_id":57556,"structure_id":15107,"section_number":"19.2-152.9","catch_line":"Preliminary protective orders","history":"1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2001, c. 101; 2002, cc. 507, 810, 818; 2003, c. 730; 2008, cc. 73, 128, 246; 2009, cc. 341, 732; 2011, cc. 445, 480; 2014, c. 346; 2018, c. 652; 2019, cc. 197, 718; 2020, c. 137; 2023, cc. 620, 621; 2024, c. 594; 2025, cc. 26, 208, 217.","full_text":"A\n\nUpon the filing of a petition alleging that (i) the petitioner is or has been, within a reasonable period of time, subjected to an act of violence, force, or threat, or (ii) a petition or warrant has been issued for the arrest of the alleged perpetrator for any criminal offense resulting from the commission of an act of violence, force, or threat, or the filing of a written motion requesting a hearing to extend a protective order pursuant to \u00a7 19.2-152.10 without alleging that the petitioner is or has been, within a reasonable period of time, subject to an act of violence, force, or threat, or that a petition or warrant has been issued for the arrest of the alleged perpetrator for any criminal offense resulting from the commission of an act of violence, force, or threat, the court may issue a preliminary protective order against the alleged perpetrator in order to protect the health and safety of the petitioner or any family or household member of the petitioner. The order may be issued in an ex parte proceeding upon good cause shown when the petition is supported by an affidavit or sworn testimony before the judge or intake officer, upon evidence of a Military Protective Order issued by a commanding officer in the Armed Forces of the United States, the Virginia National Guard, or the National Guard of any other state in favor of the petitioner or petitioner’s family or household members, or upon the filing of a written motion requesting a hearing to extend a protective order pursuant to \u00a7 19.2-152.10. If an ex parte order is issued without an affidavit or a completed form as prescribed by subsection D of \u00a7 19.2-152.8 being presented, the court, in its order, shall state the basis upon which the order was entered, including a summary of the allegations made and the court’s findings. Immediate and present danger of any act of violence, force, or threat or evidence sufficient to establish probable cause that an act of violence, force, or threat has recently occurred shall constitute good cause. Any Military Protective Order issued between the parties shall only be admissible or considered as evidence in accordance with the Code of Virginia, the Rules of Evidence of the Supreme Court of Virginia, or relevant Virginia case law.\n\t\t\tA preliminary protective order may include any one or more of the following conditions to be imposed on the respondent:1\n\nProhibiting acts of violence, force, or threat or criminal offenses that may result in injury to person or property;2\n\nProhibiting such other contacts by the respondent with the petitioner or the petitioner’s family or household members as the court deems necessary for the health and safety of such persons;3\n\nSuch other conditions as the court deems necessary to prevent (i) acts of violence, force, or threat, (ii) criminal offenses that may result 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.B\n\nThe court shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer electronically to the Virginia Criminal Information Network the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court. A copy of a preliminary protective order containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on the alleged perpetrator in person as provided in § 16.1-264, and due return made to the court. However, if the order is issued by the circuit court, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court to the primary law-enforcement agency providing service and entry of protective orders and upon receipt of the order, the primary law-enforcement agency shall enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on the alleged perpetrator in person as provided in § 16.1-264. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court. The preliminary order shall specify a date for the full hearing. The hearing shall be held within 15 days of the issuance of the preliminary order, unless the hearing has been continued pursuant to this subsection or the court is closed pursuant to § 16.1-69.35 or 17.1-207 and such closure prevents the hearing from being held within such time period, in which case the hearing shall be held on the next day not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed. If such court is closed pursuant to § 16.1-69.35 or 17.1-207, the preliminary protective order shall remain in full force and effect until it is dissolved by such court, until another preliminary protective order is entered, or until a protective order is entered. If the respondent fails to appear at this hearing because the respondent was not personally served, the court may extend the protective order for a period not to exceed six months. The extended protective order shall be served as soon as possible on the respondent. However, where the respondent shows good cause, the court may continue the hearing. The preliminary order shall remain in effect until the hearing. Upon request after the order is issued, the clerk shall provide the petitioner with a copy of the order and information regarding the date and time of service. The order shall further specify that either party may at any time file a motion with the court requesting a hearing to dissolve or modify the order. The hearing on the motion shall be given precedence on the docket of the court. Upon petitioner’s motion to dissolve the preliminary protective order, a dissolution order may be issued ex parte by the court with or without a hearing. If an ex parte hearing is held, it shall be heard by the court as soon as practicable. If a dissolution order is issued ex parte, the court shall serve a copy of such dissolution order on respondent in conformity with §§ 8.01-286.1 and 8.01-296.\n\t\t\tUpon receipt of the return of service or other proof of service pursuant to subsection C of § 16.1-264, the clerk shall forthwith forward an attested copy of the preliminary protective order to primary law-enforcement agency and the agency shall forthwith verify and enter any modification as necessary into the Virginia Criminal Information Network as described above. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested, forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders, and upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described above and the order shall be served forthwith and due return made to the court.C\n\nThe preliminary order is effective upon personal service on the alleged perpetrator. Except as otherwise provided, a violation of the order shall constitute contempt of court.D\n\nAt a full hearing on the petition, the court may issue a protective order pursuant to § 19.2-152.10 if the court finds that the petitioner has proven the allegation that the petitioner is or has been, within a reasonable period of time, subjected to an act of violence, force, or threat by a preponderance of the evidence.E\n\nNo fees shall be charged for filing or serving petitions pursuant to this section.F\n\nNeither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk’s office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.G\n\nAs used in this section, “copy” includes a facsimile copy.H\n\nUpon issuance of a preliminary protective order, the clerk of the court shall make available to the petitioner information that is published by the Department of Criminal Justice Services for victims of domestic violence or for petitioners in protective order cases.I\n\nThe respondent may be required to notify the court in writing within seven days of any change of residence while the preliminary protective order is in effect, provided that the respondent has been served a copy of such order in accordance with the provisions of this section. Any failure of a respondent to make such required notification shall be punishable by contempt.","order_by":null,"text":{"0":{"id":210879,"text":"Upon the filing of a petition alleging that (i) the petitioner is or has been, within a reasonable period of time, subjected to an act of violence, force, or threat, or (ii) a petition or warrant has been issued for the arrest of the alleged perpetrator for any criminal offense resulting from the commission of an act of violence, force, or threat, or the filing of a written motion requesting a hearing to extend a protective order pursuant to \u00a7 19.2-152.10 without alleging that the petitioner is or has been, within a reasonable period of time, subject to an act of violence, force, or threat, or that a petition or warrant has been issued for the arrest of the alleged perpetrator for any criminal offense resulting from the commission of an act of violence, force, or threat, the court may issue a preliminary protective order against the alleged perpetrator in order to protect the health and safety of the petitioner or any family or household member of the petitioner. The order may be issued in an ex parte proceeding upon good cause shown when the petition is supported by an affidavit or sworn testimony before the judge or intake officer, upon evidence of a Military Protective Order issued by a commanding officer in the Armed Forces of the United States, the Virginia National Guard, or the National Guard of any other state in favor of the petitioner or petitioner’s family or household members, or upon the filing of a written motion requesting a hearing to extend a protective order pursuant to \u00a7 19.2-152.10. If an ex parte order is issued without an affidavit or a completed form as prescribed by subsection D of \u00a7 19.2-152.8 being presented, the court, in its order, shall state the basis upon which the order was entered, including a summary of the allegations made and the court’s findings. Immediate and present danger of any act of violence, force, or threat or evidence sufficient to establish probable cause that an act of violence, force, or threat has recently occurred shall constitute good cause. Any Military Protective Order issued between the parties shall only be admissible or considered as evidence in accordance with the Code of Virginia, the Rules of Evidence of the Supreme Court of Virginia, or relevant Virginia case law.\n\t\t\tA preliminary protective order 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":210880,"text":"Prohibiting acts of violence, force, or threat or criminal offenses that may 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":210881,"text":"Prohibiting such other contacts by the respondent with the petitioner or the petitioner’s family or household members as the court deems necessary for the health and 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":210882,"text":"Such other conditions as the court deems necessary to prevent (i) acts of violence, force, or threat, (ii) criminal offenses that may result in injury to person or property, or (iii) communication or other contact of any kind by the respondent; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":210883,"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":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":210884,"text":"The court shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer electronically to the Virginia Criminal Information Network the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court. A copy of a preliminary protective order containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on the alleged perpetrator in person as provided in § 16.1-264, and due return made to the court. However, if the order is issued by the circuit court, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the respondent’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court to the primary law-enforcement agency providing service and entry of protective orders and upon receipt of the order, the primary law-enforcement agency shall enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on the alleged perpetrator in person as provided in § 16.1-264. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court. The preliminary order shall specify a date for the full hearing. The hearing shall be held within 15 days of the issuance of the preliminary order, unless the hearing has been continued pursuant to this subsection or the court is closed pursuant to § 16.1-69.35 or 17.1-207 and such closure prevents the hearing from being held within such time period, in which case the hearing shall be held on the next day not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed. If such court is closed pursuant to § 16.1-69.35 or 17.1-207, the preliminary protective order shall remain in full force and effect until it is dissolved by such court, until another preliminary protective order is entered, or until a protective order is entered. If the respondent fails to appear at this hearing because the respondent was not personally served, the court may extend the protective order for a period not to exceed six months. The extended protective order shall be served as soon as possible on the respondent. However, where the respondent shows good cause, the court may continue the hearing. The preliminary order shall remain in effect until the hearing. Upon request after the order is issued, the clerk shall provide the petitioner with a copy of the order and information regarding the date and time of service. The order shall further specify that either party may at any time file a motion with the court requesting a hearing to dissolve or modify the order. The hearing on the motion shall be given precedence on the docket of the court. Upon petitioner’s motion to dissolve the preliminary protective order, a dissolution order may be issued ex parte by the court with or without a hearing. If an ex parte hearing is held, it shall be heard by the court as soon as practicable. If a dissolution order is issued ex parte, the court shall serve a copy of such dissolution order on respondent in conformity with §§ 8.01-286.1 and 8.01-296.\n\t\t\tUpon receipt of the return of service or other proof of service pursuant to subsection C of § 16.1-264, the clerk shall forthwith forward an attested copy of the preliminary protective order to primary law-enforcement agency and the agency shall forthwith verify and enter any modification as necessary into the Virginia Criminal Information Network as described above. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested, forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders, and upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described above and the order shall be served forthwith and due return made to the court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":210885,"text":"The preliminary order is effective upon personal service on the alleged perpetrator. Except as otherwise provided, a violation of the order shall constitute contempt of court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":210886,"text":"At a full hearing on the petition, the court may issue a protective order pursuant to § 19.2-152.10 if the court finds that the petitioner has proven the allegation that the petitioner is or has been, within a reasonable period of time, subjected to an act of violence, force, or threat by a preponderance of the evidence.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":210887,"text":"No fees shall be charged for filing or serving petitions pursuant to this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":210888,"text":"Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk’s office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":210889,"text":"As used in this section, “copy” includes a facsimile copy.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":210890,"text":"Upon issuance of a preliminary protective order, the clerk of the court shall make available to the petitioner information that is published by the Department of Criminal Justice Services for victims of domestic violence or for petitioners in protective order cases.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"12":{"id":210891,"text":"The respondent may be required to notify the court in writing within seven days of any change of residence while the preliminary protective order is in effect, provided that the respondent has been served a copy of such order in accordance with the provisions of this section. Any failure of a respondent to make such required notification shall be punishable by contempt.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-152.9\/","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 15 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 101<\/a>; in 2002, chapters 507<\/a>, 810<\/a>, and 818<\/a>; in 2003, chapter 730<\/a>; in 2008, chapters 73<\/a>, 128<\/a>, and 246<\/a>; in 2009, chapters 341<\/a> and 732<\/a>; in 2011, chapters 445<\/a> and 480<\/a>; in 2014, chapter 346<\/a>; in 2018, chapter 652<\/a>; in 2019, chapters 197<\/a> and 718<\/a>; in 2020, chapter 137<\/a>; in 2023, chapters 620<\/a> and 621<\/a>; in 2024, chapter 594<\/a>; in 2025, chapters 26<\/a>, 208<\/a>, and 217<\/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":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":83461,"section_number":"19.2-152.10","catch_line":"Protective order","order_by":null,"url":"\/19.2-152.10\/"},{"id":67602,"section_number":"19.2-152.8","catch_line":"Emergency protective orders authorized","order_by":null,"url":"\/19.2-152.8\/"},{"id":86739,"section_number":"19.2-81.3","catch_line":"Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc","order_by":null,"url":"\/19.2-81.3\/"},{"id":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\/"}],"refers_to":[{"id":75806,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","order_by":null,"url":"\/16.1-264\/"},{"id":74349,"section_number":"16.1-69.35","catch_line":"Administrative duties of chief district judge","order_by":null,"url":"\/16.1-69.35\/"},{"id":81009,"section_number":"17.1-207","catch_line":"Days of operation of clerks' offices","order_by":null,"url":"\/17.1-207\/"},{"id":83461,"section_number":"19.2-152.10","catch_line":"Protective order","order_by":null,"url":"\/19.2-152.10\/"},{"id":67602,"section_number":"19.2-152.8","catch_line":"Emergency protective orders authorized","order_by":null,"url":"\/19.2-152.8\/"},{"id":86401,"section_number":"3.2-6500","catch_line":"Definitions","order_by":null,"url":"\/3.2-6500\/"},{"id":60818,"section_number":"52-12","catch_line":"Establishment of State Police communication system","order_by":null,"url":"\/52-12\/"},{"id":82871,"section_number":"8.01-286.1","catch_line":"Service of process; waiver, duty to save costs, request to waive, how served","order_by":null,"url":"\/8.01-286.1\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"}],"permalink":{"id":171427,"object_type":"law","relational_id":57556,"identifier":"19.2-152.9","token":"19.2\/9.1\/19.2-152.9","url":"\/19.2-152.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-152.9\/","token":"19.2\/9.1\/19.2-152.9","dublin_core":{"Title":"Preliminary protective orders","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-152.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the filing of a petition<\/span> alleging that (i) the petitioner is or has been, within a reasonable period of time, subjected to an act of violence, force, or threat<\/span>, or (ii) a petition<\/span> or warrant has been issued for the arrest<\/span> of the alleged perpetrator for any criminal offense<\/span> resulting from the commission of an act of violence, force, or threat<\/span>, or the filing of a written motion<\/span> requesting a hearing<\/span> to extend a protective order<\/span> pursuant to \u00a7 19.2-152.10<\/a> without alleging that the petitioner is or has been, within a reasonable period of time, subject to an act of violence, force, or threat<\/span>, or that a petition<\/span> or warrant has been issued for the arrest<\/span> of the alleged perpetrator for any criminal offense<\/span> resulting from the commission of an act of violence, force, or threat<\/span>, the court<\/span> may issue<\/span> a preliminary protective order<\/span> against the alleged perpetrator in order<\/span> to protect the health and safety of the petitioner or any family or household member of the petitioner. The order<\/span> may be issued in an ex parte<\/span> proceeding upon good cause shown when the petition<\/span> is supported by an affidavit<\/span> or sworn testimony<\/span> before the judge<\/span> or intake officer, upon evidence<\/span> of a Military Protective Order<\/span> issued by a commanding officer in the Armed Forces of the United States, the Virginia National Guard, or the National Guard of any other state in favor of the petitioner or petitioner’s family or household members, or upon the filing of a written motion<\/span> requesting a hearing<\/span> to extend a protective order<\/span> pursuant to \u00a7 19.2-152.10<\/a>. If an ex parte<\/span> order<\/span> is issued without an affidavit<\/span> or a completed form as prescribed by subsection D of \u00a7 19.2-152.8<\/a> being presented, the court<\/span>, in its order<\/span>, shall state the basis upon which the order<\/span> was entered, including a summary of the allegations<\/span> made and the court<\/span>’s findings<\/span>. Immediate and present danger of any act of violence, force, or threat<\/span> or evidence<\/span> sufficient to establish probable cause<\/span> that an act of violence, force, or threat<\/span> has recently occurred shall constitute good cause. Any Military Protective Order<\/span> issued between the parties shall only be admissible<\/span> or considered as evidence<\/span> in accordance with the Code of Virginia, the Rules of Evidence<\/span> of the Supreme Court<\/span> of Virginia, or relevant Virginia case law<\/span>.\n\t\t\tA preliminary protective order<\/span> 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 violence, force, or threat or criminal offenses<\/span> that may result in injury to person or property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Prohibiting such other contacts by the respondent with the petitioner or the petitioner’s family or household members as the court<\/span> deems necessary for the health and safety of such persons; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Such other conditions as the court<\/span> deems necessary to prevent (i) acts of violence, force, or threat, (ii) criminal offenses<\/span> that may result 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

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

C.<\/span> The preliminary order<\/span> is effective upon personal service on the alleged perpetrator. Except as otherwise provided, a violation of the order<\/span> shall constitute contempt of court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At a full hearing<\/span> on the petition<\/span>, the court may issue<\/span> a protective order<\/span> pursuant to § 19.2-152.10<\/a> if the court finds that the petitioner has proven the allegation<\/span> that the petitioner is or has been, within a reasonable period of time, subjected to an act of violence, force, or threat<\/span> by a preponderance of the evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No fees shall be charged for filing or serving petitions<\/span> pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

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

H.<\/span> Upon issuance of a preliminary protective order<\/span>, 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<\/span> cases. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The respondent may be required to notify the court in writing within seven days of any change of residence while the preliminary protective order<\/span> is in effect, provided that the respondent has been served a copy<\/span> of such order<\/span> in accordance with the provisions of this section. Any failure of a respondent to make such required notification shall be punishable by contempt. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRELIMINARY PROTECTIVE ORDERS (\u00a7 19.2-152.9)\n\nA. Upon the filing of a petition alleging that (i) the petitioner is or has\nbeen, within a reasonable period of time, subjected to an act of violence,\nforce, or threat, or (ii) a petition or warrant has been issued for the arrest\nof the alleged perpetrator for any criminal offense resulting from the\ncommission of an act of violence, force, or threat, or the filing of a written\nmotion requesting a hearing to extend a protective order pursuant to \u00a7\n19.2-152.10 without alleging that the petitioner is or has been, within a\nreasonable period of time, subject to an act of violence, force, or threat, or\nthat a petition or warrant has been issued for the arrest of the alleged\nperpetrator for any criminal offense resulting from the commission of an act of\nviolence, force, or threat, the court may issue a preliminary protective order\nagainst the alleged perpetrator in order to protect the health and safety of the\npetitioner or any family or household member of the petitioner. The order may be\nissued in an ex parte proceeding upon good cause shown when the petition is\nsupported by an affidavit or sworn testimony before the judge or intake officer,\nupon evidence of a Military Protective Order issued by a commanding officer in\nthe Armed Forces of the United States, the Virginia National Guard, or the\nNational Guard of any other state in favor of the petitioner or\npetitioner’s family or household members, or upon the filing of a written\nmotion requesting a hearing to extend a protective order pursuant to \u00a7\n19.2-152.10. If an ex parte order is issued without an affidavit or a completed\nform as prescribed by subsection D of \u00a7 19.2-152.8 being presented, the court,\nin its order, shall state the basis upon which the order was entered, including\na summary of the allegations made and the court’s findings. Immediate and\npresent danger of any act of violence, force, or threat or evidence sufficient\nto establish probable cause that an act of violence, force, or threat has\nrecently occurred shall constitute good cause. Any Military Protective Order\nissued between the parties shall only be admissible or considered as evidence in\naccordance with the Code of Virginia, the Rules of Evidence of the Supreme Court\nof Virginia, or relevant Virginia case law.\n\t\t\tA preliminary protective order may include any one or more of the following\nconditions to be imposed on the respondent:\n\n 1. Prohibiting acts of violence, force, or threat or criminal offenses that\n may result in injury to person or property;\n\n 2. Prohibiting such other contacts by the respondent with the petitioner or\n the petitioner’s family or household members as the court deems\n necessary for the health and safety of such persons;\n\n 3. Such other conditions as the court deems necessary to prevent (i) acts of\n violence, force, or threat, (ii) criminal offenses that may result in injury\n to person or property, or (iii) communication or other contact of any kind by\n 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\nB. The court shall forthwith, but in all cases no later than the end of the\nbusiness day on which the order was issued, enter and transfer electronically to\nthe Virginia Criminal Information Network the respondent’s identifying\ninformation and the name, date of birth, sex, and race of each protected person\nprovided to the court. A copy of a preliminary protective order containing any\nsuch identifying information shall be forwarded forthwith to the primary\nlaw-enforcement agency responsible for service and entry of protective orders.\nUpon receipt of the order by the primary law-enforcement agency, the agency\nshall forthwith verify and enter any modification as necessary to the\nidentifying information and other appropriate information required by the\nDepartment of State Police into the Virginia Criminal Information Network\nestablished and maintained by the Department pursuant to Chapter 2 (§ 52-12\net seq.) of Title 52 and the order shall be served forthwith on the alleged\nperpetrator in person as provided in § 16.1-264, and due return made to the\ncourt. However, if the order is issued by the circuit court, the clerk of the\ncircuit court shall forthwith forward an attested copy of the order containing\nthe respondent’s identifying information and the name, date of birth, sex,\nand race of each protected person provided to the court to the primary\nlaw-enforcement agency providing service and entry of protective orders and upon\nreceipt of the order, the primary law-enforcement agency shall enter the name of\nthe person subject to the order and other appropriate information required by\nthe Department of State Police into the Virginia Criminal Information Network\nestablished and maintained by the Department pursuant to Chapter 2 (§ 52-12\net seq.) of Title 52 and the order shall be served forthwith on the alleged\nperpetrator in person as provided in § 16.1-264. Upon service, the agency\nmaking service shall enter the date and time of service and other appropriate\ninformation required by the Department of State Police into the Virginia\nCriminal Information Network and make due return to the court. The preliminary\norder shall specify a date for the full hearing. The hearing shall be held\nwithin 15 days of the issuance of the preliminary order, unless the hearing has\nbeen continued pursuant to this subsection or the court is closed pursuant to\n§ 16.1-69.35 or 17.1-207 and such closure prevents the hearing from being\nheld within such time period, in which case the hearing shall be held on the\nnext day not a Saturday, Sunday, legal holiday, or day on which the court is\nlawfully closed. If such court is closed pursuant to § 16.1-69.35 or\n17.1-207, the preliminary protective order shall remain in full force and effect\nuntil it is dissolved by such court, until another preliminary protective order\nis entered, or until a protective order is entered. If the respondent fails to\nappear at this hearing because the respondent was not personally served, the\ncourt may extend the protective order for a period not to exceed six months. The\nextended protective order shall be served as soon as possible on the respondent.\nHowever, where the respondent shows good cause, the court may continue the\nhearing. The preliminary order shall remain in effect until the hearing. Upon\nrequest after the order is issued, the clerk shall provide the petitioner with a\ncopy of the order and information regarding the date and time of service. The\norder shall further specify that either party may at any time file a motion with\nthe court requesting a hearing to dissolve or modify the order. The hearing on\nthe motion shall be given precedence on the docket of the court. Upon\npetitioner’s motion to dissolve the preliminary protective order, a\ndissolution order may be issued ex parte by the court with or without a hearing.\nIf an ex parte hearing is held, it shall be heard by the court as soon as\npracticable. If a dissolution order is issued ex parte, the court shall serve a\ncopy of such dissolution order on respondent in conformity with §§\n8.01-286.1 and 8.01-296.\n\t\t\tUpon receipt of the return of service or other proof of service pursuant to\nsubsection C of § 16.1-264, the clerk shall forthwith forward an attested\ncopy of the preliminary protective order to primary law-enforcement agency and\nthe agency shall forthwith verify and enter any modification as necessary into\nthe Virginia Criminal Information Network as described above. If the order is\nlater dissolved or modified, a copy of the dissolution or modification order\nshall also be attested, forwarded forthwith to the primary law-enforcement\nagency responsible for service and entry of protective orders, and upon receipt\nof the order by the primary law-enforcement agency, the agency shall forthwith\nverify and enter any modification as necessary to the identifying information\nand other appropriate information required by the Department of State Police\ninto the Virginia Criminal Information Network as described above and the order\nshall be served forthwith and due return made to the court.\n\nC. The preliminary order is effective upon personal service on the alleged\nperpetrator. Except as otherwise provided, a violation of the order shall\nconstitute contempt of court.\n\nD. At a full hearing on the petition, the court may issue a protective order\npursuant to § 19.2-152.10 if the court finds that the petitioner has proven\nthe allegation that the petitioner is or has been, within a reasonable period of\ntime, subjected to an act of violence, force, or threat by a preponderance of\nthe evidence.\n\nE. No fees shall be charged for filing or serving petitions pursuant to this\nsection.\n\nF. Neither a law-enforcement agency, the attorney for the Commonwealth, a court\nnor the clerk’s office, nor any employee of them, may disclose, except\namong themselves, the residential address, telephone number, or place of\nemployment of the person protected by the order or that of the family of such\nperson, except to the extent that disclosure is (i) required by law or the Rules\nof the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii)\npermitted by the court for good cause.\n\nG. As used in this section, “copy” includes a facsimile copy.\n\nH. Upon issuance of a preliminary protective order, the clerk of the court shall\nmake available to the petitioner information that is published by the Department\nof Criminal Justice Services for victims of domestic violence or for petitioners\nin protective order cases.\n\nI. The respondent may be required to notify the court in writing within seven\ndays of any change of residence while the preliminary protective order is in\neffect, provided that the respondent has been served a copy of such order in\naccordance with the provisions of this section. Any failure of a respondent to\nmake such required notification shall be punishable by contempt.\n\nHISTORY: 1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2001, c. 101; 2002, cc.\n507, 810, 818; 2003, c. 730; 2008, cc. 73, 128, 246; 2009, cc. 341, 732; 2011,\ncc. 445, 480; 2014, c. 346; 2018, c. 652; 2019, cc. 197, 718; 2020, c. 137;\n2023, cc. 620, 621; 2024, c. 594; 2025, cc. 26, 208, 217.","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}}