Protective Orders

Protective Orders

SB445 (Vogel)/HB1033 (McClellan) - Permanent Protective Orders  - This legislation provides a circuit court jurisdiction to hear petitions to modify, dissolve, or extend a permanent protective order if the circuit court issued the order.   In addition, when a protective order is issued, the court, including the circuit court, is required to enter and transfer identifying information into the Virginia Criminal Information Network (VCIN).   Effective July 1, 2013, any circuit court clerk who does not use the Statewide Case Management System operated and maintained by the Executive Secretary of the Supreme Court shall provide protective orders directly to the Virginia Criminal Information Network in an electronic format approved by the Department of State Police.  Until July 1, 2013, such circuit court clerks shall forthwith forward the protective order to the primary law-enforcement agency providing service and entry of protective orders for entry into the VCIN. 

HB770 (Landes) - Emergency Protective Orders and Law Enforcement Officers - This legislation provides that no emergency protective order issued pursuant to Chapter 9.1 of Title 19.2 of the Code may be issued against a law-enforcement officer for any action arising out of the lawful performance of his duties.  This section does not apply to protective orders issued to protect a child, based on family abuse, or issued in connection with a pending domestic relations case. 

SB300 (Howell) - Revisions to Protective Order Statutes - Juveniles, Venue - This legislation makes a number of changes to the provisions governing protective orders issued by a juvenile and domestic relations district court, including (i) clarifying that only violations related to trespass, criminal offenses, acts of abuse, or prohibited contacts are Class 1 misdemeanors; (ii) clarifying that juvenile and domestic relations district courts have jurisdiction over all protective orders that involve juveniles, whether as the alleged victim or as respondent; and (iii) allowing judges to prohibit contact between the respondent and the allegedly abused person or that person's family.  The legislation also clarifies venue for protective orders issued under Chapter 9.1 of Title 19.2 of the Code.