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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>79030</law_id><section_number>48-8</section_number><catch_line>How nuisance enjoined</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="48">Nuisances</unit><unit label="chapter" level="2" order_by="1" identifier="2">Houses of Prostitution, Etc.</unit></structure><text>
						<section><p>Whenever a nuisance is kept, maintained, or exists as defined in &#xA7;&#xA0;<a class="law" title="Houses and contents are nuisances subject to abatement" href="/48-7/">48-7</a> the attorney for the Commonwealth or the <span class="dictionary">Attorney General</span> of the Commonwealth, or, with the exception of a suit brought against a criminal street gang as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/18.2-46.1/">18.2-46.1</a>, any responsible citizen of the Commonwealth, may maintain a suit in <span class="dictionary">equity</span> in the name of the Commonwealth, upon the relation of such attorney for the Commonwealth, <span class="dictionary">Attorney General</span>, or citizen, to perpetually enjoin such nuisance, the person or persons conducting or maintaining the same, and the owner or agent of the building or ground upon which such nuisance exists. In such suit the <span class="dictionary">court</span>, or a <span class="dictionary">judge</span> in vacation, shall, upon the presentation of a bill therefor alleging that the nuisance complained of exists, and sworn to by two reputable citizens, allow a temporary <span class="dictionary">writ</span> of <span class="dictionary">injunction</span>, without <span class="dictionary">bond</span>, if it shall be made to appear to the satisfaction of the <span class="dictionary">court</span> or <span class="dictionary">judge</span> by <span class="dictionary">evidence</span> in the form of <span class="dictionary">affidavits</span>, <span class="dictionary">depositions</span>, oral <span class="dictionary">testimony</span>, or otherwise as the complainant may elect, that the nuisance complained of exists, unless the <span class="dictionary">court</span> or <span class="dictionary">judge</span> by previous <span class="dictionary">order</span> shall have directed the form and manner in which the <span class="dictionary">evidence</span> shall be presented. Three days&#x2019; notice, in writing, shall be given the <span class="dictionary">defendant</span> of the <span class="dictionary">hearing</span> of the application, and if then continued at his instance the <span class="dictionary">writ</span> as prayed shall be granted as a matter of course. A suit brought to enjoin criminal street gang activity may be brought against the criminal street gang as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/18.2-46.1/">18.2-46.1</a>, as an unincorporated association and in the name by which it is commonly known.</p></section></text><history>Code 1919, &#xA7; 1522; 2005, cc. 764, 813.</history><metadata></metadata></law>
