TM Virginia’s Online Forms Completion System for Protective Orders I-CAN! One copy of the order shall be given to the alleged victim of such crime. Table of Contents » Title 19.2. Generally speaking, courts can grant protective orders for much longer periods of time following notice to the opposing party and an opportunity to be heard at a full hearing. The Code of Virginia, Constitution of Virginia, Charters, Authorities, Compacts and Uncodified Acts are now available in both EPub and MOBI eBook formats. 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. If the protective order that was issued is overreaching—a standard protective order usually gives the alleged victim custody of the children if there are any, possession of the house and the vehicles, and usually has on it a provision for no termination of utilities and no-contact or at least a stay-away that the alleged perpetrator must abide by. 16. F. The issuance of an emergency protective order shall not be considered evidence of any wrongdoing by the respondent. Virginia is a free online program that provides assistance with the preparation of court forms required to file for a protective order. be written on the Preliminary Protective Order. E. The court or magistrate 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 or magistrate. 5. Emergency Protective Orders. [ ] Petitioner knows or has reason to know that the Respondent owns or otherwise possesses firearms. The temporary protective order, which is a protective order that spans the time between an emergency protective order, which, again, is the first 48 hours to the hearing for the permanent protective order, is the bridge-the-gap protective order. . If the adult is not indigent, the court may order that the cost of the proceeding shall be borne by such adult. Emergency Protective Orders. A. Once the report is generated you'll then have the option to download it as a pdf, print or email the report. © Copyright Commonwealth of Virginia, document.write(new Date().getFullYear()). (e) (1) The magistrate shall forthwith transmit a copy of any temporary emergency protective order, together with a copy of the petition, by mail or by facsimile machine to the family court in which the action is pending and to law-enforcement agencies. G. As used in this section, a "law-enforcement officer" means any (i) person who is a full-time or part-time employee of a police department or sheriff's office which is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth and (ii) member of an auxiliary police force established pursuant to § 15.2-1731. It is important that each party to a Protective Order have an attorney at the hearing. §19.2-152.10). In Virginia, you can obtain a restraining order application either from your county clerk's office or by downloading the form from Virginia's judicial website. 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. Emergency order for adult protective services. 146, 637, 827; 2014, c. 346; 2016, c. 455; 2018, c. 652. Emergency Protective Orders (Va. Code §19.2-152.8): The court can issue an emergency protective order against the accused stalker pursuant to §19.2-152.8 prohibiting contact with the alleged victim or a family member. A Protective Order issued under Virginia Code §16.1-279.1 can have sweeping ramifications for the Respondent. The request for an emergency protective order or extension of an order may be made orally, in person or by electronic means, and the judge of a circuit court, general district court, or juvenile and domestic relations district court or a magistrate may issue an oral emergency protective order. The Virginia Law website data is available via a web service. 6. D. Written notice of the time, date and place for the hearing shall be given to the adult, to his spouse, or if none, to his nearest known next of kin, and a copy of the petition shall be attached. 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