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JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSPAGE 6-1CHAPTER 6 - PROTECTIVE ORDERSI.FAMILY ABUSE AND CRIMINAL CASESA.Emergency Protective OrdersAn emergency protective order under this section may be requested in person by apetitioner or a law enforcement officer or by telephone by a law enforcement officerof any circuit, general district or juvenile and domestic relations district court judge orby a magistrate. Va. Code § 16.1-253.4. An officer requesting an order by telephonewrites the request on the form, reads it to the judge, and writes the judge’s response inthe order portion of the form.An emergency protective order under this section, if granted, provides protection to“family and household members” by prohibiting acts of family abuse, prohibitingsuch contacts by respondent with family or household members as the judge or themagistrate deems necessary to protect the safety of such person and/or granting thefamily or household member possession of the premises occupied by the parties to theexclusion of the respondent. A grant of possession does not affect title to any real orperson property.Under Va. Code § 16.1-253.4, when a warrant for domestic assault is issued, thereexists a presumption that further family abuse will occur, therefore, requiring theissuance of an Emergency Protective Order, unless rebutted by the victim.B.ProcedureThe following procedures should be followed when processing an EmergencyProtective Order – Family Abuse:PROCEDUREStep 1COMMENTSThe Clerk receives the DC-626,EMERGENCY PROTECTIVE ORDER –FAMILY ABUSE.No filing fees are charged for theEmergency Protective Order.The case should be set up inCMS/Adult with a case type ofPE.PE - Emergency Protective OrderThe charge may be described as“EPO/Family Abuse” and the codesection should be Va. Code § 16.1253.4.If the Court has issued the DC-626,EMERGENCY PROTECTIVE ORDER –FAMILY ABUSE a copy of the ordershould be given to the allegedlyabused person at the time it isissued, and a copyOffice of the Executive SecretaryDepartment of Judicial ServicesRev: 7/09
JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSPROCEDUREStep 1(cont’d)Offense date will be date requestfor DC-626, EMERGENCYPROTECTIVE ORDER – FAMILYABUSE is signed. Hearing datewill be date of issuance if Judgeissued, or date of filing with thecourt, if magistrate issued.Hearing type suggested as DS.Step 2PAGE 6-2COMMENTSshall be sent forthwith but in allcase no later than the end of the dayon the day the order is issued tolocal law enforcement for serviceon the alleged abuser. Theexecuted order is returned to thejudge (or magistrate), who reviewsit and forwards it within five daysfrom issuance to the clerk of thejuvenile and domestic relationsdistrict court.The Clerk receives the executedorder.On the hearing update screen, usethe code EPOI if EPO is notserved, or EPOS if served on therespondent.The Agency code is the local lawenforcement agency that servedthe EPO. For a list of agencycodes, see CAIS J&DR CASEMANAGEMENT SYSTEMS USER’SGUIDE. (The current version isavailable via the intranet.)Finalize the case using “GR”Granted as the disposition.EPOI – Emergency ProtectiveOrder issued.EPOS – Emergency ProtectiveOrder served.The order is not docketed forhearing by the court.Unlike preliminary and final ordersof protection, Emergency ProtectiveOrders are NOT entered into VCIN,as the magistrate usually createsthese orders.In remarks, it is suggested to notethe date and time of service on therespondent and date and time ofexpiration of the DC-626,EMERGENCY PROTECTIVE ORDER –FAMILY ABUSE.Step 3Either party may at any time file amotion with the court requesting ahearing toOffice of the Executive SecretarySee DC-652, ORDER DISSOLVINGPROTECTIVE ORDER if order isdissolved. If order is dissolved ormodified, a copyDepartment of Judicial ServicesRev: 7/09
JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSPROCEDUREStep 3(cont’d)dissolve or modify the order. Thehearing on the motion shall begiven precedence on the docket ofthe court.If order is dissolved, or withdrawn, update the PO field on theHearing/Update screen of theunderlying EPO with EPOD orEPOW. Update the dispositionof the motion on Hearing/Updatescreen of the motion with “GR” –Granted.C.PAGE 6-3COMMENTSof such shall forward forthwith butno later than the end of the businessday on the day the order is issued tothe local law enforcement agencyfor entry into VCIN.EPOD - Emergency ProtectiveOrder dismissed.EPOW - Emergency ProtectiveOrder withdrawn.Preliminary Protective OrdersThe petitioner may initiate an action in which he or she seeks a protective order toprevent the abusing adult from further abusing the victim and other family orhousehold members by filing a DC-611, PETITION FOR PROTECTIVE ORDER – FAMILYABUSE with the intake officer or, if the petitioner is represented by counsel, counselmay file the petition with the clerk of the juvenile and domestic relations districtcourt. When a petition is filed with the intake office, the person seeking a protectiveorder shall be provided an information sheet that includes an explanation of theconditions, procedures and time limits applicable to various protective ordersD.ProcedureThe following procedures should be followed when the petitioner is requesting the exparte hearing, and the Court will process as a Preliminary Protective Order (PPO).PROCEDUREStep 1The petitioner, or his/her attorneyfiles the DC-611, PETITION FORPROTECTIVE ORDER - FAMILYABUSE along with the DC-621,NON-DISCLOSURE ADDENDUM.This non-disclosure provision isautomatic and the protected persondoes NOT have to file the DC-301,REQUEST FOR CONFIDENTIALITYBY CRIME VICTIM to preventdisclosure.Office of the Executive SecretaryCOMMENTSPetition must be attested or anaffidavit attached only if thepetitioner is requesting the issuanceof an ex parte preliminaryprotective order.The DC-621, NON-DISCLOSUREADDENDUM may be copied forservice purposes and then destroyedby the serving officer. The courtwill keep the original under sealunless disclosure is allowed.Department of Judicial ServicesRev: 7/09
JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSPROCEDUREStep 1(cont’d)If children are to be a part of theprotective order, the DC-620,AFFIDAVIT (UCCJEA) will befiled.There are no fees for filing a DC611, PETITION FOR PROTECTIVEORDER - FAMILY ABUSE.The clerk, upon receiving the DC611, PETITION FOR PROTECTIVEORDER – FAMILY ABUSE, and theDC-621, NON-DISCLOSUREADDENDUM, should inquire as towhether a preliminary order ofprotection is being sought. If suchan order is sought, an ex partehearing is scheduled, as quickly aspossible, usually that same day.Step 2Clerk sets up case in the Adultdivision with a Case Type SA.The clerk should utilize thefunctions of the interface withDJJ-Court Services Unit to bringforward information alreadyentered into the system.See CAIS J&DR CASEMANAGEMENT SYSTEM USER’SGUIDE for instructions.PAGE 6-4COMMENTSCAUTION: Neither a lawenforcement agency, the attorneyfor the Commonwealth, a court northe clerk's office, nor any employeeof them, may disclose, exceptamong themselves, the residentialaddress, telephone number, or placeof employment of the personprotected by the order or his familyexcept as required by law, asnecessary for law-enforcementpurposes, or by order for goodcause shown.SA - Spousal AbuseCharge: PPO/Family abuse Va.Code § 16.1-253.1.Offense date will be date ofpetition.Hearing type will be AJ.Step 3Ex parte hearing is held, and Judgegrants or denies preliminaryprotective order.If PPO denied, case is updatedusing PPOD- in the PO field, andwith DP-dismissed as theOffice of the Executive SecretaryPPOD - dismissedPPOI - issuedDepartment of Judicial ServicesRev: 7/09
JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSPROCEDUREStep 3(cont’d)PAGE 6-5COMMENTSdisposition.If granted, hearing update screen isupdated with PPOI-in the POfield and a preliminary protectiveorder is issued, using the DC-627,PRELIMINARY PROTECTIVE ORDER– FAMILY ABUSE. This order willinclude any conditions andlimitations being placed upon therespondent, and will state date offull hearing.The next hearing type will be DS.Step 4For instruction on entering PPOinto VCIN via the interface, referto CAIS J&DR CASE MANAGEMENTSYSTEMS USER’S GUIDE. (Thecurrent version is available via theintranet.) Entry into VCIN isrequired forthwith but in all casesno later than the end of thebusiness day on the day the orderis issued only if the order has notexpired.Step 5When the DC-627, PRELIMINARYPROTECTIVE ORDER – FAMILYABUSE is issued, the clerk shallhave the petitioner served with acopy of the petition and the PPO.Step 6Clerk forwards copy of the DC627, PRELIMINARY PROTECTIVEORDER – FAMILY ABUSE to thelocal law enforcement agency tobe served forthwith on the allegedabusing adult.The DC-627, PRELIMINARYPROTECTIVE ORDER – FAMILYABUSE becomes effective uponservice on the allegedly abusingOffice of the Executive SecretaryDate of next hearing must be withinfifteen days.Data is sent electronically(through CMS) to the VirginiaCriminal Information Networksystem.Depending on local policy, a copyof the front and back of the DC627, PRELIMINARY PROTECTIVEORDER – FAMILY ABUSE may befaxed to the local law enforcementagency. The hard copy of the DC627, PRELIMINARY PROTECTIVEORDER – FAMILY ABUSE shall besent forthwith but in all cases nolater than the end of the businessday on the day the order is issued toDepartment of Judicial ServicesRev: 7/09
JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSPROCEDUREStep 6(cont’d)person.Once served copy is returned tocourt, update thehearing/disposition update screenwith PPOS-Preliminary Protectiveorder served.PAGE 6-6COMMENTSlocal law enforcement agency forreview and further entry ofadditional information into VCIN.There is no fee for service of thisorder.Upon request after the DC-627,PRELIMINARY PROTECTIVE ORDER –FAMILY ABUSE is issued, the clerkshall provide the petitioner with acopy of the order and informationregarding the date and time ofservice on the respondent.Step 7Upon motion of the respondentand for good cause shown, thecourt may continue the hearing. Ifthe court does not find good causeand does not continue the “15 dayhearing,” the DC-627,PRELIMINARY PROTECTIVE ORDER– FAMILY ABUSE shall remain ineffect until the hearing.Upon granting the respondent’srequest for a continuance, theCourt should reissue the DC-627,PRELIMINARY PROTECTIVE ORDER– FAMILY ABUSE with a newexpiration date reflecting thecontinuance. The conditions ofthe initial DC-627, PRELIMINARYPROTECTIVE ORDER – FAMILYABUSE will be reflected in thesubsequent order. This subsequentorder must be served on theparties, entered into VCIN by theclerk as described above, andforwarded to the local lawenforcement agency forthwith butin all cases no later than the end ofthe business day on the day theorder is issued.Office of the Executive SecretaryThe respondent is the only partythat may be granted a request forcontinuance.At the judge’s discretion, apreliminary protective order may beissued for up to another fifteen daysOR, with the consent of therespondent or his/her counsel, aprotective order is issued until thesubsequent hearing date and timebeyond the fifteen-day limitationfor preliminary protective orders.The clerk shall attach a copy of DC621, NON-DISCLOSURE ADDENDUMform to Petitioner’s copy ONLY forservice purposes, at which time theserving officer will destroy thecopy.Department of Judicial ServicesRev: 7/09
JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSPROCEDUREStep 7(cont’d)Step 8PAGE 6-7COMMENTSNOTE: If a continuation isgranted, the PO field on thehearing/update screen should beupdated using the code CONT.If a hearing is not requestedearlier, or a continuance has notbeen granted, a full hearing mustbe held within fifteen days. Atthis hearing, the court may issue aprotective order if the court findsthat the petitioner has proven theallegation of family abuse by apreponderance of the evidence.Once the PPO has been served onthe respondent, and service copyhas been returned to court, theclerk should update the PO fieldon the Hearing/Update screen withPPOS.PPOS - Preliminary ProtectiveOrder served.To continue step-by-stepprocedures for the fifteen-dayhearing, see STEP 2 of theProtective Order process, nextsection.Step 9Either party may at any time file amotion with the court requesting ahearing to dissolve or modify theorder. The hearing on the motionshall be given precedence on thedocket of the court.If order is dissolved, or withdrawn, update the PO field on theHearing/Update screen of theunderlying PPO with PPOD orPPOW . Update the dispositionof the motion on Hearing/Updatescreen of the motion with “GR” –Granted.Office of the Executive SecretarySee DC-652, ORDER DISSOLVINGPROTECTIVE ORDER if order isdissolved.If order is dissolved or modified, acopy of such shall be sentforthwith but in all cases no laterthan the end of the business day onthe day the order is issued to thelocal law enforcement agency forentry into VCIN.PPOD - Preliminary ProtectiveOrder dismissed.PPOW - Preliminary ProtectiveOrder withdrawn.Department of Judicial ServicesRev: 7/09
JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSPROCEDUREStep 10E.Appeal should be noted on DC475, NOTICE OF APPEAL - CIVIL.See appendix on “Appeals” forstep-by-step procedures.PAGE 6-8COMMENTSAlthough indexed as an Adult(criminal) case, the proceedings,and subsequently the appeal, arecivil in nature.Final Protective Orders – Family AbuseThe petitioner may initiate an action in which he or she seeks a protective order toprevent the abusing adult from further abusing the victim and other family orhousehold members by filing DC-611, PETITION FOR PROTECTIVE ORDER – FAMILYABUSE with the intake office or, if the petitioner is represented by counsel, counselmay file the petition with the clerk of the juvenile and domestic relations districtcourt. When a petition is filed with the intake officer, the person seeking a protectiveorder shall be provided an information sheet that includes an explanation of theconditions, procedures and time limits applicable to various protective orders.The clerk, upon receiving the petition and the DC-621, NON-DISCLOSURE ADDENDUMand the DC-651, ADDENDUM – PROTECTIVE ORDER and having determined thepetitioner does not wish for an ex parte hearing for a preliminary protective order,shall schedule a full adversarial hearing within fifteen days.A temporary child support order may be issued for the support of any children of thepetitioner whom the respondent is obligated to support. The temporary support orderterminates upon determination of support pursuant to Va. Code § 20-108.1. Althoughthere is no fee to file the DC-611, PETITION FOR PROTECTIVE ORDER – FAMILYABUSE, the court may assess costs and attorney’s fees against either party, regardlessof whether an Order of Protection was issued at the adversarial hearing.F.Clerk’s Procedure Final Protective OrderPROCEDUREStep 1COMMENTSThe petitioner, or his/her attorneyfiles the DC-611, PETITION FORPROTECTIVE ORDER - FAMILYABUSE along with the DC-621,NON-DISCLOSURE ADDENDUM.This non-disclosure provision isautomatic and the protected persondoes NOT have to file the DC-301,REQUEST FOR CONFIDENTIALITYBY CRIME VICTIM to preventdisclosure. If children are to be aOffice of the Executive SecretaryDepartment of Judicial ServicesRev: 7/09
JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSPROCEDUREStep 1(cont’d)part of the protective order theDC-620, AFFIDAVIT (UCCJEA)will be filed.Step 2If the case has not been entered byway of a DC-627, PRELIMINARYPROTECTIVE ORDER - FAMILYABUSE the Clerk sets up case inthe Criminal division with a CaseType SA.PAGE 6-9COMMENTSIf a DC-627, PRELIMINARYPROTECTIVE ORDER – FAMILYABUSE has not been issuedpreviously, the clerk will issue aDC-510, SUMMONS to therespondent and the petitioner withdate and time of hearing.Charge: PO/Family abuse Va.Code § 16.1-253.1.Offense date will be date ofpetition.Hearing type will be DS.Step 3If petition for a DC-650,PROTECTIVE ORDER - FAMILYABUSE is denied, case is updatedon the hearing update screen,using OOPD- in the PO field, andwith D-dismissed as thedisposition.Order will be for a specifiedperiod, not to exceed two (2)years.A temporary child support ordermay be issued for the support ofany children of the petitionerwhom the respondent is obligatedIf granted, hearing update screen is to support.updated with OOPI-in the POfield, and GR-granted as theUse the 2nd page of the DC-650,PROTECTIVE ORDER - FAMILYdisposition.ABUSE. This temporary supportIt is suggested to use the remarksorder terminates uponfield to indicate date of issuance,determination of support pursuanthow long the order is valid, andto Va. Code § 20-108.1.other information as appropriate.The court may assess costs andattorney’s fees against either party,If granted the DC-650,regardless of whether an Order ofPROTECTIVE ORDER-FAMILYABUSE is used and will include any Protection has been issued. Theclerk should serve copy on thecondition or limitations beingplaced on the respondent, and will petitioner and respondent beforeleaving court, if at all possible. Ifstate the amount of time theservice is not obtainable by theProtective order is valid. Data isOffice of the Executive SecretaryDepartment of Judicial ServicesRev: 7/09
JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSPROCEDUREStep 3(cont’d)sent electronically (through CMS)to the Virginia CriminalInformation Network system. Forinstruction on entering, refer toCAIS J&DR CASE MANAGEMENTSYSTEMS USER’S GUIDE. (Thecurrent version is available via theintranet.)PAGE 6-10COMMENTSclerk, the DC-650, PROTECTIVEORDER - FAMILY ABUSE shall besent to local law enforcementforthwith but in all cases no laterthan the end of the business day onthe day the order is issued forservice.NOTE: The clerk is required toEntry into VCIN is requiredsend a copy of the DC-650,forthwith but in all cases no later PROTECTIVE ORDER – FAMILYthan the end of the business day on ABUSE to the appropriate lawthe day the order is issued.enforcement agency for theirreview and further entry ofinformation into VCIN.The petitioner may file for a newPPO if the respondent exhibits anew threat to the petitioner prior tothe expiration of the initial PO.The judge may extend the PPO forup to six months if the respondentwas not served or if personallyserved was incarcerated and nottransported to the hearing.Va. Code § 19.2-152.8The judge may enter a protectiveorder including cases involving anincarcerated respondent againstwhom a PPO has been issuedpursuant to Va. Code § 19.2-152.8Step 4Respondent must surrenderconcealed carry weapons permitimmediately, clerk will retainpermit until the expiration dateentered by the judge or magistrate.When served copy is completed,or returned to the court by locallaw enforcement agency, the clerkshould update the PO field on thehearing/Update screen withOOPS.Office of the Executive SecretaryConcealed handgun permit is to bereturned, upon request, uponexpiration of protective order. It isrecommended that the courtrequire the respondent to appear inperson with identification for thepermit to be returned.OOPS - Order of Protectionserved.Department of Judicial ServicesRev: 7/09
JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSPROCEDUREStep 5COMMENTSEither party may file a motionwith the court to dissolve ormodify the order.The Court must give precedenceon the docket for such a motion.The motion should be indexed as asubsequent action, using case typePO.If order is dissolved, or withdrawn, update the PO field on theHearing/Update screen of theunderlying PO with OOPD orOOPW . Update the dispositionof the motion on Hearing/Updatescreen of the motion with “GR” –Granted.Step 6Appeal should be noted on DC475, NOTICE OF APPEAL - CIVIL.See the “Appeals” appendix forstep-by-step procedures.a.See DC-652, ORDER DISSOLVINGPROTECTIVE ORDER if order isdissolved.If order is dissolved or modified, acopy of such shall be forwardedforthwith but in all cases no laterthan the end of the business day onthe day the order is issued to thelocal law enforcement agency forentry into VCIN.OOPD - Order of Protectiondismissed.OOPW - Order of Protectionwithdrawn.Although indexed as an Adult(criminal) case, the proceedings,and subsequently the appeal arecivil in -627DC-650DC-652DC-684b.PAGE 6-11NOTICE OF APPEAL - CIVILPRELIMINARY CHILD PROTECTIVE ORDERCHILD PROTECTIVE ORDERPETITION FOR PROTECTIVE ORDER – FAMILY ABUSENON-DISCLOSURE ADDENDUMEMERGENCY PROTECTIVE ORDER – FAMILY ABUSEPRELIMINARY PROTECTIVE ORDER – FAMILY ABUSEPROTECTIVE ORDER – FAMILY ABUSEORDER DISSOLVING PROTECTIVE ORDERFILING OF FOREIGN PROTECTIVE ORDERReferencesVa. Code § 16.1-253Va. Code § 16.1-253.1Office of the Executive SecretaryPreliminary protective order.Preliminary protective orders in cases of familyabuse; confidentiality.Department of Judicial ServicesRev: 7/09
JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSVa. Code § 16.1-253.4Va. Code § 16.1-279.1II.PAGE 6-12Emergency protective orders authorized incertain cases; penalty.Protective order in cases of family abuse.STALKING/SERIOUS BODILY INJURY/SEXUAL BATTERYA.Emergency Protective Orders“Stalking” is perpetrated when any person who on more than one occasion engages inconduct directed at another person with the intent to place, or with knowledge that theconduct places, that other person in reasonable fear of death, criminal sexual assaultor bodily injury to that other person or that other person’s family or householdmember. Va. Code § 18.2-60.3.“Sexual battery” is defined when the accused sexually abuses the complainingwitness against the will of the complaining witness, by force, threat, intimidation, orruse.“Aggravated sexual battery” is defined when the accused sexually abuses thecomplaining witness and the complaining witness is less than 13 years of age, or theact is accomplished through the use of the complaining witness's mental incapacity orphysical helplessness, or the offense is committed by a parent, step-parent,grandparent, or step-grandparent and the complaining witness is at least 13 but lessthan 18 years of age, or the act is accomplished against the will of the complainingwitness by force, threat or intimidation, and the complaining witness is at least 13 butless than 15 years of age, or the accused causes serious bodily or mental injury to thecomplaining witness, or the accused uses or threatens to use a dangerous weapon.Any judge or magistrate may issue a written or oral ex parte emergency protectiveorder prohibiting further acts of stalking or acts of sexual battery against an allegedvictim and prohibiting such contact with the alleged victim or with the allegedvictim’s family or household members as deemed necessary to protect their healthand safety and requiring such other conditions as the judge or magistrate deemsnecessary to prevent further acts of stalking, sexual battery, communication or othercontact of any kind by the alleged abuser. See DC-382, EMERGENCY PROTECTIVEORDER – STALKING/SERIOUS BODILY INJURY/SEXUAL BATTERY.An emergency protective order should be issued when an alleged victim or a lawenforcement officer asserts under oath to a judge or magistrate and on that assertionor other evidence the judge or magistrate finds:othere is probable danger of a further such offense being committed by therespondent against the alleged victim, andoa warrant for the arrest of the respondent has been issued.Office of the Executive SecretaryDepartment of Judicial ServicesRev: 7/09
JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSB.PAGE 6-13Procedure – Emergency Protective OrderA law enforcement officer may request an emergency protective order orally, inperson or by electronic means.PROCEDUREStep 1NOTE: Proper venue for this typeof protective order is where theunderlying criminal offenseoccurred.The Clerk receives the DC-382,EMERGENCY PROTECTIVE ORDER STALKING/SERIOUS BODILY INJURY.The case should be set up in CMS/Adult with a case type of PE.The charge may be described asEPO/Stalking or EPO/SexualBattery, and the code section shouldbe Va Code § 19.2-152.8. Offensedate will be date request for DC382, EMERGENCY PROTECTIVEORDER - STALKING/SERIOUS BODILYINJURY/SEXUAL BATTERY is signed.COMMENTSIf the Court has issued the DC-382,EMERGENCY PROTECTIVE ORDER STALKING/SERIOUS BODILYINJURY/SEXUAL BATTERY a copy ofthe order should be given to theallegedly abused person at the timeit is issued, and a copy should besent to local law enforcement forservice on the alleged abuser.The executed order is returned tothe judge (or magistrate), whoreviews it and forwards it withinfive days from issuance to the clerkof the juvenile and domesticrelations district court.If the alleged victim or officer seeksa warrant for stalking pursuant toVa. Code § 18.2-60.3 or for a crimeinvolving serious bodily injury andHearing date will be date of issuance the magistrate requires theif Judge issued, or date of filing with complainant to complete a DC-311,CRIMINAL COMPLAINT to documentthe court, if magistrate issued.the facts for the criminal charge, themagistrate may use this form as theHearing type suggested as DSpetition for the emergencyprotective order. In such case, themagistrate would type “Seeattached criminal complaint” in the“REQUEST FOR EMERGENCYPROTECTIVE ORDER” sectionof DC-382, EMERGENCYPROTECTIVE ORDER STALKING/SERIOUS BODILYINJURY/SEXUAL BATTERY.Office of the Executive SecretaryDepartment of Judicial ServicesRev: 7/09
JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSPROCEDUREStep 2The Clerk receives the executedorder. On the hearing update screen,use the code EPOI if EPO is notserved, or EPOS if served on therespondent.The Agency code is the local lawenforcement agency that served theEPO. For a list of agency codes, seeCAIS J&DR DISTRICT CASEMANAGEMENT SYSTEMS USER’SGUIDE. (The current version isavailable via the intranet.)Finalize the case using GR-Grantedas Disposition.PAGE 6-14COMMENTSEPOI - Emergency Protective orderissued.EPOS - Emergency Protectiveorder served.The order is not docketed forhearing by the court.In remarks it is suggested to notethe date and time of service on therespondent and date and time ofexpiration of the DC-328,EMERGENCY PROTECTIVE ORDER STALKING/ SERIOUS BODILYINJURY/SEXUAL BATTERY.Unlike preliminary and final ordersof protection, Emergency Protectiveorders are NOT transmitted toVCIN; as the magistrate usuallycreates these orders.Step 3The respondent may at any time filea motion with the court requesting ahearing to dissolve or modify theorder. The hearing on the motionshall be given precedence on thedocket of the court.If order is dissolved, or with-drawn,update the PO field on theHearing/Update screen of theunderlying EPO with EPOD orEPOW . Update the disposition ofthe motion on Hearing/Updatescreen of the motion with “GR” –Granted.See DC-652, ORDER DISSOLVINGPROTECTIVE ORDER if order isdissolved.If order is dissolved or modified, acopy of such shall be forwardedforthwith but in all cases no laterthan the end of the business day onthe day the order is issued to thelocal law enforcement agency forentry into VCIN.EPOD - Emergency ProtectiveOrder dismissed.EPOW - Emergency ProtectiveOrder withdrawn.Office of the Executive SecretaryDepartment of Judicial ServicesRev: 7/09
JUVENILE & DOMESTIC RELATIONS DISTRICT COURT MANUALPROTECTIVE ORDERSC.PAGE 6-15Preliminary Protective Orders And Protective Orders – Stalking/Serious BodilyInjury/Sexual BatteryIf the persons involved come within the jurisdiction of the juvenile court a DC-383,PETITION FOR PROTECTIVE ORDER – STALKING/SERIOUS BODILY INJURY/SexualBattery may be filed. When the petitioner alleges that he/she has been within areasonable period of time subjected to stalking and that a warrant has been issued forthe arrest of the alleged stalker or when the accused sexually abuses the complainingwitness against the will of the complaining witness, by force, threat, intimidation, orruse or when the accused sexually abuses the complaining witness and thecomplaining witness is less than 13 years of age, or the act is accomplished throughthe use of the complaining witness's mental incapacity or physical helplessness, or theoffense is committed by a parent, step-parent, grandparent, or step-grandparent andthe complaining witness is at least 13 but less than 18 years of age, or the act isaccomplished against the will of the complaining witness by force, threat orintimidation, and the complaining witness is at least 13 but less than 15 years of age,or the accused causes serious bodily or mental injury to the complaining witness, orthe accused uses or threatens to use a dangerous weapon, a preliminary protectiveorder may be issued. The order may be issued ex parte when supported by anaffidavit or sworn testimony before a judge or intake officer, upon good cause shown.Either (i) immediate and present danger of stalking or sexual battery or (ii) evidencesufficient to establish probable cause that stalking or sexual battery has recentlyoccurred shall constitute good cause. A preliminary protective order may prohibitfurther acts of stalking or sexual battery, prohibit contact with petitioner orpetitioner’s family or household members as the court shall direct and require suchother conditions as the court deems necessary to prevent further acts of stalking orsexual battery, communica6tion or other contact of any kind by the respondent. Va.Code § 19.2-152.9. This order is entered using DC-384, PRELIMINARY PROTECTIVEORDER – STALKING/SERIOUS BODILY INJURY/SEXUAL BATTERY.It is essential that t
of any circuit, general district or juvenile and domestic relations district court judge or by a magistrate. Va. Code § 16.1-253.4. An officer requesting an order by telephone writes the request on the form, reads it to the judge, and writes the judge's response in the order portion of the form.
