Protective Orders

Question 1

Who can petition for an Emergency Protective Order (EPO)?

Answer 1

• Victim
• Law Enforcement Officer (LEO)
• Next friend (any trustworthy person)
• Parent (for their child)
• Person acting in loco parentis (for a juvenile)

Question 2

Can a juvenile petition for an EPO on their own behalf?

Answer 2

Yes, if they are deemed competent (understand the situation and can relate the facts). There is no specific minimum age mentioned.

Question 3

Where can an EPO be issued (venue)?

Answer 3

• Where the alleged act occurred
• Where either party resides
• Where an earlier Protective Order (PO) involving the parties is already in force

Question 4

How long does an initial EPO last?

Answer 4

3 days. The first day of issuance does not count. It expires at 11:59 PM on the third day, UNLESS the court is not open on that third day (in which case it extends to the next day court is open).

Question 5

Under what circumstances can an LEO request a 3-day extension to an EPO?

Answer 5

If the victim is unable to file for a Preliminary Protective Order (PPO) due to physical or mental incapacity. (Note: Part-time deputies are NOT considered LEOs for this purpose).

Question 6

Can a new EPO be issued based on the same act after the first EPO expires?

Answer 6

Generally NO. The exception is if the court was unexpectedly closed (e.g., due to fire) when the initial EPO was set to expire, preventing the petitioner from seeking a PPO. Officer should ask, “Anything new happen?”

Question 7

When SHALL a magistrate issue an EPO?

Answer 7

When there is probable cause to issue a warrant for domestic assault and battery (§ 18.2-57.2). (This presumption is rebuttable only by the victim stating they don’t fear future harm).

Question 8

When MAY (discretionary) a magistrate issue an EPO instead of SHALL?

Answer 8

For acts involving a minor that would otherwise trigger a mandatory issuance for an adult.

Question 9

What defines “Family Abuse” for a Family Abuse EPO?

Answer 9

Any act or threatened act of violence, force, or threatening behavior that results in bodily injury or places one in reasonable fear of death, sexual assault, or bodily injury, committed against a family or household member.

Question 10

What are the criteria for issuing a Family Abuse EPO?

Answer 10

1. An act or threat of family abuse has occurred, AND 2. There is probable danger of further abuse.

Question 11

When is “probable danger” presumed in a Family Abuse EPO case?

Answer 11

When a warrant has been issued for Domestic Assault & Battery (§ 18.2-57.2). Only the victim can rebut this presumption.

Question 12

Which court are Family Abuse EPOs returnable to?

Answer 12

Juvenile and Domestic Relations District Court (JDRC).

Question 13

What conditions can be included in a Family Abuse EPO?

Answer 13

• Prohibiting further acts of abuse.
• Prohibiting contact (direct/indirect, including physical presence).
• Granting temporary possession of the residence.
• Prohibiting acts of abuse or criminal offenses causing injury.
• Granting temporary possession/care of a companion animal.

Question 14

What is the consequence of violating the companion animal condition of a Family Abuse EPO?

Answer 14

It is punishable by contempt of court, not as a separate criminal violation of the protective order itself.

Question 15

What are the criteria for issuing a Non-Family EPO?

Answer 15

1. An act or threat of violence/force has occurred AND there is probable danger of further acts, OR 2. A warrant has been issued for an act involving violence/force. (Family relationship is not required).

Question 16

Which court are Non-Family EPOs generally returnable to?

Answer 16

General District Court (GDC).

Question 17

When is a Non-Family EPO returnable to JDRC?

Answer 17

If the petitioner (the person seeking protection) is a juvenile.

Question 18

What is required for any Protective Order (EPO/PPO) to be enforceable against the respondent?

Answer 18

The respondent must have been personally served with the order. (Knowledge alone isn’t sufficient, but circumstantial evidence of service may be acceptable).

Question 19

What specific violations of a Family Abuse PO can be charged as a new crime?

Answer 19

• Committing further acts of abuse.
• Violating the no-contact provision (“intentionally piercing the protective barrier” eg intending to be seen or heard by the protected person).
• Violating the condition granting possession of the residence.

Question 20

What violations of a *Non-Family *PO can be charged as a new crime?

Answer 20

Violation of any condition imposed by the order.

Question 21

What is the penalty for a first or second offense criminal violation of a Protective Order?

Answer 21

Class 1 Misdemeanor.

Question 22

What conditions must be met to charge a second PO violation offense (as opposed to just another first offense)?

Answer 22

There must be a prior conviction for violating a PO, AND either the current offense or the prior offense must have involved force or violence.

Question 23

When does a Protective Order violation become a Class 6 Felony?

Answer 23

• It’s the 3rd conviction within 20 years AND the current or a prior offense involved force/violence; OR
• The violation itself constitutes Assault and Battery with bodily injury OR Stalking; OR
• The violation was committed while armed with a firearm or deadly weapon; OR
• The violation involved entering the protected party’s home while they were present, or entering and lying in wait.

Question 24

Where can a PO violation be prosecuted (venue)?

Answer 24

• Where the order was originally issued.
• Where the violation occurred.
• Where the protected party resides.

Question 25

What immediate firearm restrictions apply when someone is under an EPO or PPO?

Answer 25

* Must surrender any concealed handgun permit. * Cannot purchase or transport firearms.

Question 26

Can a person under an initial EPO or PPO still possess firearms they already own?

Answer 26

Generally yes, according to these notes (though they cannot purchase or transport).

Question 27

What specific *conviction* results in a prohibition on firearm possession? How long does it last?

Answer 27

Conviction for § 18.2-57.2 (Assault & Battery against a family/household member). The prohibition lasts for 3 years following the conviction date.

Question 28

For the 3-year firearm ban after a § 18.2-57.2 conviction, what relationships qualify, and when must the offense have occurred?

Answer 28

Applies ONLY if the victim was a spouse, ex-spouse, or person with whom the offender shares a child. The offense must have occurred on or after July 1, 2021.

Question 29

If a PO grants one party "exclusive possession" of the residence, are there exceptions allowing the other party to enter (e.g., to get belongings)?

Answer 29

No, there are no exceptions mentioned. Entry would violate the order.

Question 30

What is an Oral Protective Order process?

Answer 30

An officer can take the petitioner's statement orally, fill out the required forms, verify the information, issue

Question 31

In responding to domestic disputes, who must law enforcement arrest if an arrest is made?

Answer 31

The "predominate physical aggressor."

Question 32

What are the elements of the crime of Custody/Visitation Order Violation?

Answer 32

1. A valid court order regarding custody/visitation exists (the most recent order applies). 2. The person *knowingly* and *wrongfully/intentionally* withholds the child from the parent entitled to custody or visitation. 3. The withholding must be "clear and significant."

Question 33

What are the penalties for in-state Custody/Visitation Order Violation?

Answer 33

Misdemeanor

Question 34

What is the penalty for *out-of-state* Custody/Visitation Order Violation (taking child across state lines)?

Answer 34

Felony

Question 35

Where is the venue for prosecuting a Custody/Visitation Order Violation?

Answer 35

Where the child is being withheld.