                                 CODE OF VIRGINIA

PROTECTIVE ORDER (§ 19.2-152.10)

A. The court may issue a protective order pursuant to this chapter to protect
the health and safety of the petitioner and family or household members of a
petitioner upon (i) the issuance of a petition or warrant for, or a conviction
of, any criminal offense resulting from the commission of an act of violence,
force, or threat or (ii) a hearing held pursuant to subsection D of §
19.2-152.9. 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 violence, force, or threat or criminal offenses that
   may 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. Any other relief 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

   4. 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.
   				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.

B. 1. Except as provided in subsection C, the protective order may be issued for
a specified period of time up to a maximum of two 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 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.
			The court may extend the protective order for a period not longer than two
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 protective order pursuant to
   &#xA7; 19.2-152.9 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 protective order until such new date. The
   extended ex parte 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 protective order shall remain in
   effect until the extension hearing.

C. Upon conviction for an act of violence as defined in &#xA7; 19.2-297.1 and
upon the request of the victim or of the attorney for the Commonwealth on behalf
of the victim, the court may issue a protective order to the victim pursuant to
this chapter to protect the health and safety of the victim. The protective
order may be issued for any reasonable period of time, including up to the
lifetime of the defendant, that the court deems necessary to protect the health
and safety of the victim. The protective order shall expire at 11:59 p.m. on the
last day specified in the protective order, if any. Upon a conviction for
violation of a protective order issued pursuant to this subsection, the court
that issued the original protective order may extend the protective order as the
court deems necessary to protect the health and safety of the victim. The
extension of the protective order shall expire at 11:59 p.m. on the last day
specified, if any. Nothing herein shall limit the number of extensions that may
be issued.

D. 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 and 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 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.

E. Except as otherwise provided, a violation of a protective order issued under
this section shall constitute contempt of court.

F. 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.

G. 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 appropriate 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.

H. Either party may at any time file a written motion with the court requesting
a hearing to dissolve or modify the order. Proceedings to modify or dissolve 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.

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 fees shall be charged for filing or serving petitions pursuant to this
section.

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

L. 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.

M. 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.

N. 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: 1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2002, cc. 507, 810,
818; 2003, c. 730; 2008, cc. 73, 246; 2009, cc. 341, 732; 2010, cc. 425, 468;
2011, cc. 445, 480; 2012, cc. 152, 261; 2014, c. 346; 2018, c. 652; 2020, cc.
137, 1005; 2021, Sp. Sess. I, c. 489; 2023, cc. 620, 621, 742; 2024, c. 594;
2025, c. 26.