                                 CODE OF VIRGINIA

PROTECTIVE ORDER IN CASES OF FAMILY ABUSE (§ 16.1-279.1)

A. In cases of family abuse, including any case involving an incarcerated or
recently incarcerated respondent against whom a preliminary protective order has
been issued pursuant to § 16.1-253.1, the court may issue a protective order to
protect the health and safety of the petitioner and family or household members
of the petitioner. A protective order issued under this section may include any
one or more of the following conditions to be imposed on the respondent:

   1. Prohibiting acts of family abuse or criminal offenses that result in injury
   to person or property;

   2. Prohibiting such contacts by the respondent with the petitioner or family
   or household members of the petitioner as the court deems necessary for the
   health or safety of such persons;

   3. Granting the petitioner possession of the residence occupied by the parties
   to the exclusion of the respondent; however, no such grant of possession shall
   affect title to any real or personal property;

   4. Enjoining the respondent from terminating any necessary utility service to
   the residence to which the petitioner was granted possession pursuant to
   subdivision 3 or, where appropriate, ordering the respondent to restore
   utility services to that residence;

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

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

   7. Requiring that the respondent provide suitable alternative housing for the
   petitioner and, if appropriate, any other family or household member and where
   appropriate, requiring the respondent to pay deposits to connect or restore
   necessary utility services in the alternative housing provided;

   8. Ordering the respondent to participate in treatment, counseling or other
   programs as the court deems appropriate;

   9. Granting the petitioner the possession of any companion animal as defined
   in &#xA7; 3.2-6500 if such petitioner meets the definition of owner in &#xA7;
   3.2-6500; and

   10. Any other relief necessary for the protection of the petitioner and family
   or household members of the petitioner, including a provision for temporary
   custody or visitation of a minor child.
   				In addition, if the respondent is a juvenile, the court may, upon its own
   motion or upon the motion of the attorney or guardian ad litem representing
   the respondent, enter an order requiring the local board of social services to
   provide services to the child and family.

A1. If a protective order is issued pursuant to subsection A, the court may also
issue a temporary child support order for the support of any children of the
petitioner whom the respondent has a legal obligation to support. Such temporary
child support order shall terminate upon the determination of support pursuant
to &#xA7; 20-108.1 or upon the termination of such protective order, whichever
occurs first.

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

   2. Upon the filing of a written motion requesting a hearing to extend the
   protective order, the court may issue an ex parte preliminary protective order
   pursuant to &#xA7; 16.1-253.1 until the extension hearing. The ex parte
   preliminary protective order shall specify a date for the extension hearing,
   which shall be held within 15 days of the issuance of the ex parte preliminary
   protective order and may be held after the expiration of the protective order.
   If the respondent fails to appear at the extension hearing because the
   respondent was not personally served, the court shall schedule a new date for
   the extension hearing and may extend the ex parte preliminary protective order
   until such new date. The extended ex parte preliminary protective order shall
   be served as soon as possible on the respondent. If the respondent was
   personally served, where the petitioner shows by clear and convincing evidence
   that a continuance is necessary to meet the ends of justice or the respondent
   shows good cause, the court may continue the extension hearing and such ex
   parte preliminary protective order shall remain in effect until the extension
   hearing.

C. A copy of the protective order shall be served on the respondent and provided
to the petitioner as soon as possible. The court, including a circuit court if
the circuit court issued the order, shall forthwith, but in all cases no later
than the end of the business day on which the order was issued, enter and
transfer electronically to the Virginia Criminal Information Network the
respondent&#8217;s identifying information and the name, date of birth, sex, and
race of each protected person provided to the court and shall forthwith forward
the attested copy of the protective order containing any such identifying
information to the primary law-enforcement agency responsible for service and
entry of protective orders. Upon receipt of the order by the primary
law-enforcement agency, the agency shall forthwith verify and enter any
modification as necessary to the identifying information and other appropriate
information required by the Department of State Police into the Virginia
Criminal Information Network established and maintained by the Department
pursuant to Chapter 2 (&#xA7; 52-12 et seq.) of Title 52 and the order shall be
served forthwith upon the respondent and due return made to the court. Upon
service, the agency making service shall enter the date and time of service and
other appropriate information required by the Department of State Police into
the Virginia Criminal Information Network and make due return to the court. If
the order is later dissolved or modified, a copy of the dissolution or
modification order shall also be attested, forwarded forthwith to the primary
law-enforcement agency responsible for service and entry of protective orders,
and upon receipt of the order by the primary law-enforcement agency, the agency
shall forthwith verify and enter any modification as necessary to the
identifying information and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network as
described above and the order shall be served forthwith and due return made to
the court.

D. Except as otherwise provided in &#xA7; 16.1-253.2, a violation of a
protective order issued under this section shall constitute contempt of court.

E. The court may assess costs and attorney fees against either party regardless
of whether an order of protection has been issued as a result of a full hearing.

F. Any judgment, order or decree, whether permanent or temporary, issued by a
court of appropriate jurisdiction in another state, the United States or any of
its territories, possessions or Commonwealths, the District of Columbia or by
any tribal court of appropriate jurisdiction for the purpose of preventing
violent or threatening acts or harassment against or contact or communication
with or physical proximity to another person, including any of the conditions
specified in subsection A, shall be accorded full faith and credit and enforced
in the Commonwealth as if it were an order of the Commonwealth, provided
reasonable notice and opportunity to be heard were given by the issuing
jurisdiction to the person against whom the order is sought to be enforced
sufficient to protect such person&#8217;s due process rights and consistent with
federal law. A person entitled to protection under such a foreign order may file
the order in any juvenile and domestic relations district court by filing with
the court an attested or exemplified copy of the order. Upon such a filing, the
clerk shall forthwith forward an attested copy of the order to the primary
law-enforcement agency responsible for service and entry of protective orders
which shall, upon receipt, enter the name of the person subject to the order and
other appropriate information required by the Department of State Police into
the Virginia Criminal Information Network established and maintained by the
Department pursuant to Chapter 2 (&#xA7; 52-12 et seq.) of Title 52. Where
practical, the court may transfer information electronically to the Virginia
Criminal Information Network.
			Upon inquiry by any law-enforcement agency of the Commonwealth, the clerk
shall make a copy available of any foreign order filed with that court. A
law-enforcement officer may, in the performance of his duties, rely upon a copy
of a foreign protective order or other suitable evidence which has been provided
to him by any source and may also rely upon the statement of any person
protected by the order that the order remains in effect.

G. Either party may at any time file a written motion with the court requesting
a hearing to dissolve or modify the order. Proceedings to dissolve or modify a
protective order shall be given precedence on the docket of the court. Upon
petitioner&#8217;s motion to dissolve the protective order, a dissolution order
may be issued ex parte by the court with or without a hearing. If an ex parte
hearing is held, it shall be heard by the court as soon as practicable. If a
dissolution order is issued ex parte, the court shall serve a copy of such
dissolution order on respondent in conformity with &#xA7;&#xA7; 8.01-286.1 and
8.01-296.

H. As used in this section:
			&#8220;Copy&#8221; includes a facsimile copy.
			&#8220;Protective order&#8221; includes an initial, modified or extended
protective order.

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

K. Upon issuance of a protective order, the clerk of the court shall make
available to the petitioner information that is published by the Department of
Criminal Justice Services for victims of domestic violence or for petitioners in
protective order cases.

L. An appeal of a final protective order issued by a circuit court pursuant to
this section shall be given expedited review by the Court of Appeals.

M. The respondent shall be required to notify the court in writing within seven
days of any change of residence while the protective order is in effect,
provided that the respondent has been served a copy of such order in accordance
with the provisions of this section. A violation of this subsection shall be
punishable by contempt.

HISTORY: 1984, c. 631; 1987, c. 497; 1992, c. 886; 1994, cc. 360, 521, 739, 907;
1996, cc. 866, 900, 945; 1997, c. 603; 1998, c. 684; 2000, cc. 34, 654; 2002,
cc. 508, 810, 818; 2004, cc. 972, 980; 2006, c. 308; 2008, cc. 73, 246; 2009,
cc. 343, 732; 2010, cc. 425, 468; 2011, cc. 445, 480; 2012, cc. 152, 261; 2014,
cc. 318, 346, 613; 2016, c. 102; 2018, cc. 38, 652; 2020, c. 137; 2021, Sp.
Sess. I, c. 489; 2023, cc. 370, 620, 621, 742; 2024, cc. 26, 594; 2025, cc. 26,
161.