Jason S. Miyares
Attorney General of Virginia

Statutes and Legislation: Protective Orders

Notable legislative changes effective July 1, 2012, are highlighted below.  For the full text of these Code sections, please click on the link to go to the Code of Virginia.  Please note that this list is not inclusive of all Code sections related to Protective Orders (Formerly Protective Orders in Cases of Stalking, Sexual Battery, and Serious Bodily Injury).

Protective Orders (Formerly Protective Orders in Cases of Stalking, Sexual Battery, and Serious Bodily Injury)

§ 19.2-152.7:1. Definitions. ("Act of violence, force, or threat")

§ 19.2-152.8. Emergency protective orders authorized.

Effective July 1, 2012: No emergency protective order shall be issued pursuant to this section against a law-enforcement officer for any action arising out of the lawful performance of his duties.

§ 19.2-152.9. Preliminary protective order.

§ 19.2-152.10. Protective order.

Effective July 1, 2012:  When a protective order is issued, the court, including a circuit court if the circuit court issued the order, 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 VCIN.

Effective July 1, 2012:  The juvenile and domestic relations district court shall have jurisdiction over all petitions filed for the purpose of obtaining a protective order pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10 if either the alleged victim or the respondent is a juvenile.  (See § 16.1-241.)

§ 19.2-152.11. Venue for protective orders.  Effective July 1, 2012.  Proceedings in which a protective order is sought shall be commenced where (i) either party has his principal residence; (ii) the act of violence, force, or threat by the respondent against the petitioner occurred; or (iii) a protective order was issued if, at the time the proceeding is commenced, the order is in effect to protect the petitioner or a family or household member of the petitioner.

§ 18.2-60.4. Violation of protective orders; penalty.