Search

The V Word

Advocating to end sexual and domestic violence

Tag

Law

New Protective Orders in Virginia

Starting July 1, 2011, Virginia has made some changes to its Protective Order Laws (HB 2063/SB 1222).  These changes were made to simplify the protective order process in Virginia; provide equal access to Protective Orders for victims of sexual assault, stalking, and dating violence; and to provide equal protections through court/law enforcement response to violations of protective orders for victims of sexual assault, stalking, and dating violence.   These changes are:

Changes to Family Abuse Protective Orders: The definition of Family Abuse has now been revised to specifically include stalking and sexual assault within the definition.  There have also been changes in the relief provisions.  The new definition of Family Abuse is:  “any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault or bodily injury and that is committed by a person against such person’s family or household member.  Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (& 18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault or bodily injury. 

Changes in Family Abuse EPO, PPO, PO-Relief Provisions:  prohibits acts of family abuse “or criminal offenses that result in injury to person or property.”  Additionally, prohibits such contacts “by the respondent with the petitioner or family or household members of the petitioner” as the court deems “necessary for the health and safety of such persons.”

Changes to Acts of Violence Protective Orders: acts of violence or “behaviors” will be same as that of the new definition of family abuse, added the elimination of warrant requirement, applies the Law Enforcement Response for violations: “Pro-Arrest” provisions, and the 34rd or subsequent violation = Class 6 Felony.

There are new definitions of Acts of Violence, Force or Threat: that states, “Acts of violence, force or threat” means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.  Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (&18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault or bodily injury.

Changes to Acts of Violence – Eligibility: deletion of references to specific acts, such as sexual battery, aggravated sexual batter, serious bodily injury, and stalking and replaced with references to “act of violence, force or threat” and the removal of warrant requirement.

Changes to Acts of Violence: EPO – Grounds.  Here Law Enforcement or the Victim asserts that there has been an *Act of violence, force or threat and on that assertion, the magistrate finds that there is probably danger of a further such act being committed by the Perpetrator against the alleged victim or a petition or warrant for the arrest of the Perpetrator has been issued for any criminal offense resulting form the commission of an act of violence, force, or threat. 

Changes to Acts of Violence: PPO-Grounds.  Here a petition alleging the petitioner is or has been subjected to an act of violence, force or threat or a petition or warrant for the arrest of the Perpetrator has been issued for any criminal offense resulting from the commission of an act of violence, force, or threat and may be issued ex parte upon good cause shown.  The immediate and present danger of any act of violence, force or threat or evidence sufficient to establish probably cause that an act of violence, force, or threat has recently occurred shall constitute good cause. 

Changes to Acts of Violence: PO-Grounds. Here, a petition, warrant or conviction for any criminal offense resulting from the commission of an act of violence, force or threat has been established and a hearing held pursuant to subsection D of &19.2-152.9 (PPO Statute). 

Acts of Violence EPO, PPOs, PO – Relief Provisions: prohibits acts of violence, force or threat or criminal offenses resulting in injury to persons or property; prohibit such contacts by the Perpetrator with the alleged victims or such victim’s family/household members as the judge/magistrate deems necessary to protect the safety of such persons and such other conditions as the judge/magistrate deems necessary to prevent (i) acts of violence, force or threat, (ii) criminal offense resulting in injury to person or property or (iii) communication or contact of any kind by the Perpetrator. 

Court/Law Enforcement Response to Violations of Acts of Violence Protective Orders: makes consistent misdemeanor and felony penalties for violations of Family Abuse Pos and violations of non-Family Abuse Pos.; pro-arrest measure of violations of Pos or &18.2-57.2 will be added to violations of Acts of Violence PO; Law enforcement may request an extension of an Acts of Violence EPO, not to exceed 3 days, for a victim who I physically or mentally incapable of filing a petition for a preliminary or permanent protective order.

This is a lot to take in!  So to Recap:  These changes creates one standard for getting protections for victims of family abuse and for victims of other acts of violence, including sexual assault, stalking, and dating violence.  It removes the criminal warrant requirement for the protective order issued by the General District Court, and adds enhanced penalties for violation of the protective order issued by the General District Court so that the penalties are the same as those for violating the Family Abuse Protective Order.  Additionally, it requires law enforcement to make an arrest for violation of a protective order issued by the General District Court (Pro-Arrest provision). 

If you need further information, please call the Virginia Sexual and Domestic Violence Action Alliance at 804-377-0335 and ask to speak to Gena Boyle.

National Forum on Campus Sexual Assault

Wednesday, March 30, 2011 – Friday, April 1, 2011

Sponsored by the Virginia Department of Criminal Justice Services

Description

The Department of Criminal Justice Services, in collaboration with the International Association of College Law Enforcement Administrators (IACLEA) and the Virginia Association of College Law Enforcement Administrators (VACLEA), is hosting a National Forum on Campus Sexual Assault. This forum is designed to bring together experts in the field of campus sexual assault to discuss the latest research, policies, legal challenges, interdisciplinary cooperation, and reporting issues.

This forum has been structured to encourage a cross disciplinary approach to this complex campus and community public health issue. Leading national experts will discuss critical issues that impact the policies and procedures that must be in place for the proper management and investigation of sexual assaults reported to colleges and universities. Facilitated question and answer sessions will allow for participant interaction with panels of subject matter experts.

Attendees will have significant opportunities to share expertise and resources with colleagues from across the country. Suggested participants include: campus police and security personnel, municipal law enforcement with a connection to institutions of higher education, student life professionals, counseling and women’s center professionals, prosecutors, mental health professionals and other interested campus or community personnel.

Scheduled topics include:

Campus Law Enforcement/Public Safety Response and Legal Issues Surrounding Campus Sexual Assault/Clery Act

Sex Crimes Allegations: Management and Best Practices in the University Setting

Policy Implications of Campus Sexual Assault Practices

Sexual Predators on Campus: Research Studies and Statistics

Evolving Challenges for At-Risk Response Teams: Mental Health Issues

Campus Threat Assessment Teams

Other topics and panel discussions: 

  • Communication Issues and Cross Disciplinary Coordination
  • Deviant Criminal Sexuality: Rapist Typologies
  • Resiliency and Recovery from Trauma
  • Networking Between Institutions of Higher Education and Community Agencies
  • Interdisciplinary Cooperation on Campus: What Works?

To register for this event, please click here:    http://www.dcjs.virginia.gov/vcss/training/1011/CampusSAForum.cfm

Additional Information

Melissa Leigh – 804-786-8467

Steve Clark – 434-947-2938

Donna Michaelis – 804-371-6506

Lynn McHugh – 804-225-2454

Ways to Support DV Awareness #16 – Attend a workshop – Why Law Matters

Attend a workshop on domestic violence

October 16, 2009 At the University of Richmond from 2pm-5pm a free workshop entitled “What Have We Learned? A Reality-Based Approach to Addressing Domestic Violence Through the Law.”  Professor Diane Rosenfeld, Lecturer at Harvard Law School, discusses with other experts progressive legal initiatives to better and more realistically address the persistent social problem of domestic violence. This program is sponsored by the University Of Richmond Journal Of Law and the Public Interest and the University of Richmond School of Law’s 16th Annual Austin Owen Lecture. For more information, see UR or call (804) 289-8740 (option 3).

Create a free website or blog at WordPress.com.

Up ↑

<span>%d</span> bloggers like this: