                                 CODE OF VIRGINIA

PRELIMINARY PROTECTIVE ORDER (§ 16.1-253)

A. Upon the motion of any person or upon the court&#8217;s own motion, the court
may issue a preliminary protective order, after a hearing, if necessary to
protect a child&#8217;s life, health, safety or normal development pending the
final determination of any matter before the court. The order may require a
child&#8217;s parents, guardian, legal custodian, other person standing in loco
parentis or other family or household member of the child to observe reasonable
conditions of behavior for a specified length of time. These conditions shall
include any one or more of the following:

   1. To abstain from offensive conduct against the child, a family or household
   member of the child or any person to whom custody of the child is awarded;

   2. To cooperate in the provision of reasonable services or programs designed
   to protect the child&#8217;s life, health or normal development;

   3. To allow persons named by the court to come into the child&#8217;s home at
   reasonable times designated by the court to visit the child or inspect the
   fitness of the home and to determine the physical or emotional health of the
   child;

   4. To allow visitation with the child by persons entitled thereto, as
   determined by the court;

   5. To refrain from acts of commission or omission which tend to endanger the
   child&#8217;s life, health or normal development;

   6. To refrain from such contact with the child or family or household members
   of the child, as the court may deem appropriate, including removal of such
   person from the residence of the child. However, prior to the issuance by the
   court of an order removing such person from the residence of the child, the
   petitioner must prove by a preponderance of the evidence that such
   person&#8217;s probable future conduct would constitute a danger to the life
   or health of such child, and that there are no less drastic alternatives which
   could reasonably and adequately protect the child&#8217;s life or health
   pending a final determination on the petition; or

   7. To grant the person on whose behalf the order is issued the possession of
   any companion animal as defined in &#xA7; 3.2-6500 if such person meets the
   definition of owner in &#xA7; 3.2-6500.

B. A preliminary protective order may be issued ex parte upon motion of any
person or the court&#8217;s own motion in any matter before the court, or upon
petition. The motion or petition shall be supported by an affidavit or by sworn
testimony in person before the judge or intake officer which establishes that
the child would be subjected to an imminent threat to life or health to the
extent that delay for the provision of an adversary hearing would be likely to
result in serious or irremediable injury to the child&#8217;s life or health. If
an ex parte order is issued without an affidavit being presented, the court, in
its order, shall state the basis upon which the order was entered, including a
summary of the allegations made and the court&#8217;s findings. Following the
issuance of an ex parte order the court shall provide an adversary hearing to
the affected parties within the shortest practicable time not to exceed five
business days after the issuance of the order.

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

D. All parties to the hearing shall be informed of their right to counsel
pursuant to &#xA7; 16.1-266.

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

F. If a petition alleging abuse or neglect of a child has been filed, at the
hearing pursuant to this section the court shall determine whether the
allegations of abuse or neglect have been proven by a preponderance of the
evidence. Any finding of abuse or neglect shall be stated in the court order.
However, if, before such a finding is made, a person responsible for the care
and custody of the child, the child&#8217;s guardian ad litem or the local
department of social services objects to a finding being made at the hearing,
the court shall schedule an adjudicatory hearing to be held within 30 days of
the date of the initial preliminary protective order hearing. The adjudicatory
hearing shall be held to determine whether the allegations of abuse and neglect
have been proven by a preponderance of the evidence. Parties who are present at
the hearing shall be given notice of the date set for the adjudicatory hearing
and parties who are not present shall be summoned as provided in &#xA7;
16.1-263. The adjudicatory hearing shall be held and an order may be entered,
although a party to the hearing fails to appear and is not represented by
counsel, provided personal or substituted service was made on the person, or the
court determines that such person cannot be found, after reasonable effort, or
in the case of a person who is without the Commonwealth, the person cannot be
found or his post office address cannot be ascertained after reasonable effort.
			Any preliminary protective order issued shall remain in full force and effect
pending the adjudicatory hearing.

G. If at the preliminary protective order hearing held pursuant to this section
the court makes a finding of abuse or neglect and a preliminary protective order
is issued, a dispositional hearing shall be held pursuant to &#xA7; 16.1-278.2.
The court shall forthwith, but in all cases no later than the end of the
business day on which the order was issued, enter and transfer electronically to
the Virginia Criminal Information Network the respondent&#8217;s identifying
information and the name, date of birth, sex, and race of each protected person
provided to the court. A copy of the preliminary protective order containing any
such identifying information shall be forwarded forthwith to the primary
law-enforcement agency responsible for service and entry of protective orders.
Upon receipt of the order by the primary law-enforcement agency, the agency
shall forthwith verify and enter any modification as necessary to the
identifying information and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network
established and maintained by the Department of State Police pursuant to Chapter
2 (&#xA7; 52-12 et seq.) of Title 52 and the order shall be served forthwith on
the allegedly abusing person in person as provided in &#xA7; 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&#8217;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 (&#xA7; 52-12 et seq.) of Title 52 and the order shall be
served forthwith upon the allegedly abusing person in person as provided in
&#xA7; 16.1-264. Upon service, the agency making service shall enter the date
and time of service and other appropriate information required by the Department
of State Police into the Virginia Criminal Information Network and make due
return to the court. The preliminary order shall specify a date for the
dispositional hearing. The dispositional hearing shall be scheduled at the time
of the hearing pursuant to this section, and shall be held within 60 days of
this hearing. If an adjudicatory hearing is requested pursuant to subsection F,
the dispositional hearing shall nonetheless be scheduled at the hearing pursuant
to this section. All parties present at the hearing shall be given notice of the
date and time scheduled for the dispositional hearing; parties who are not
present shall be summoned to appear as provided in &#xA7; 16.1-263.

H. Nothing in this section enables the court to remove a child from the custody
of his or her parents, guardian, legal custodian or other person standing in
loco parentis, except as provided in &#xA7; 16.1-278.2, and no order hereunder
shall be entered against a person over whom the court does not have
jurisdiction.

I. Neither a law-enforcement agency, the attorney for the Commonwealth, a court
nor the clerk&#8217;s office, nor any employee of them, may disclose, except
among themselves, the residential address, telephone number, or place of
employment of the person protected by the order or that of the family of such
person, except to the extent that disclosure is (i) required by law or the Rules
of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii)
permitted by the court for good cause.

J. Violation of any order issued pursuant to this section shall be punishable as
contempt of court. However, if the violation involves an act or acts of
commission or omission that endanger the child&#8217;s life or health or result
in bodily injury to the child, it shall be punishable as a Class 1 misdemeanor.

K. 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&#8217;s identifying
information and the name, date of birth, sex, and race of each protected person
provided to the court. A copy of the preliminary protective order containing any
such identifying information shall be forwarded forthwith to the primary
law-enforcement agency responsible for service and entry of protective orders.
Upon receipt of the order by the primary law-enforcement agency, the agency
shall forthwith verify and enter any modification as necessary to the
identifying information and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network
established and maintained by the Department pursuant to Chapter 2 (&#xA7; 52-12
et seq.) of Title 52 and the order shall be served forthwith on the allegedly
abusing person in person as provided in &#xA7; 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&#8217;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 (&#xA7; 52-12 et seq.) of Title 52 and the order shall be served
forthwith on the allegedly abusing person in person as provided in &#xA7;
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.
			Upon receipt of the return of service or other proof of service pursuant to
subsection C of &#xA7; 16.1-264, the clerk shall forthwith forward an attested
copy of the preliminary protective order to the primary law-enforcement agency
and the agency shall forthwith verify and enter any modification as necessary
into the Virginia Criminal Information Network as described above. If the order
is later dissolved or modified, a copy of the dissolution or modification order
shall also be attested, forwarded forthwith to the primary law-enforcement
agency responsible for service and entry of protective orders, and upon receipt
of the order by the primary law-enforcement agency, the agency shall forthwith
verify and enter any modification as necessary to the identifying information
and other appropriate information required by the Department of State Police
into the Virginia Criminal Information Network as described above and the order
shall be served forthwith and due return made to the court.

L. No fee shall be charged for filing or serving any petition or order pursuant
to this section.

HISTORY: 1977, c. 559; 1985, c. 595; 1986, c. 308; 1987, c. 497; 1996, c. 866;
1997, c. 790; 1998, c. 550; 2002, cc. 508, 810, 818; 2008, cc. 73, 246; 2009, c.
732; 2013, c. 130; 2014, c. 346; 2021, Sp. Sess. I, cc. 184, 529.