Lynchburg Juvenile and Domestic Relations District Court: Domestic Violence or Family Abuse

When police have reason to believe that a domestic assault and battery has occurred, the law requires them to arrest the person suspected of the crime.

Any person who commits domestic assault and battery or family abuse shall be guilty of a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2500 fine. Three or more convictions in a 10-year period elevate the crime to a Class 6 felony, punishable by up to five years in prison. The prior convictions can be from other jurisdictions in Virginia, but they must have occurred on different dates.

A stalker is anyone who, on more than one occasion, engages in conduct with the intent to place the victim in fear, or with the knowledge that the victim is placed in fear of death, sexual assault, or bodily injury to the victim or the victim's family/household member.

Stalking is a Class 1 misdemeanor punishable by up to 12 months in jail and a $2500 fine. Three or more convictions within a five-year period elevate the crime to a Class 6 felony, punishable by up to five years in prison. A person may be charged with stalking in any jurisdiction in Virginia as long as the offender engaged in stalking conduct at least once in that jurisdiction.

If a court finds a person guilty of stalking, the judge must issue a Protective Order prohibiting contact between the defendant and the victim or victim's household.

Protective orders are issued by the court to prevent the offending person from having any contact with the family or household members being protected by the order, and to provide other conditions. Violation of a protective order is a Class 1 misdemeanor, punishable by up to 12 months in jail.

"Family abuse" means any act involving violence, force, or threat including any forceful detention, which results in physical injury or places one in reasonable apprehension of serious bodily injury and which is committed by a person against such a person's family or household member.

The three main types of Protective Orders, the Emergency Protective Order, Preliminary Protective Order, and up to two year Protective Order, are described below. Protective orders can also be issued for stalking victims.

An Emergency Protective Order (EPO) is requested from the court every time an arrest is made for domestic assault and battery or when there is reason to believe family abuse has occurred or will occur.

Either a law enforcement officer or a victim of abuse may petition the magistrate for an EPO. EPOs are good for at least 72 hours and must end at 5:00 p.m. on a day that the Juvenile and Domestic Relations District Court is open. Law enforcement officers may request an extension of an EPO if the person in need of protection is mentally or physically incapable of petitioning for further protection on his/her behalf.

A victim of abuse may file a petition at the Intake Office of the Court Service Unit for a Preliminary Protective Order (PPO). The court may also issue a PPO when a person says that they have been or are in immediate danger of becoming a victim of family abuse. A PPO may be issued ex parte (with only one side present).

PPOs are issued to prohibit acts of family abuse or contact with family/household members, and/or to grant residence to family/household members. The PPO must specify a date for a full hearing, which must be held within 15 days, with notice given to both parties of the date of the full hearing.

A victim of family abuse may request a Protective Order (PO) by filing a petition with the Intake Office of the Court Service Unit. A PO may only be issued after notice to both parties and opportunity for a full hearing before a judge.

A PO may have one or more of the following provisions:

• prohibit acts of family abuse,
• prohibit contact with family/household members,
• grant the residence to family/household members,
• grant temporary possession of a jointly-owned or a victim-owned motor vehicle,
• require someone to provide alternate housing for family/household members,
• order the person who committed the family abuse into treatment or rehabilitative programs, and/or
• order temporary custody for up to two years.

A PO may be valid for a specified period of up to two years when the court finds that he/she has been or is in immediate danger of becoming a victim of family abuse.

A violation of certain terms of any of the above Civil Protective Orders in Family Abuse cases can result in a criminal charge of a Class 1 misdemeanor issued by the magistrate. If found guilty, the violator may be sentenced to a term of up to 12 months in jail and a $2500 fine.

Protective orders can be issued for victims of stalking. Either a law enforcement officer or a victim of stalking may request an Emergency Protective Order in cases of stalking (SEPO). A judge or magistrate may issue an SEPO.

To issue a SEPO, a judge or magistrate must find that there is probable danger of further stalking and that a warrant has been issued for stalking. The SEPO can be used to prohibit stalking, prohibit contact with a family/household member, and to do anything else necessary to prevent stalking, communication, or contact of any kind.

When a warrant has been issued for the arrest of the alleged stalker and upon the filing of a petition alleging that the petitioner is or has been within a reasonable period of time, subjected to stalking, a judge may issue a Preliminary Protective Order limiting contact and communication.

A SPPO may be issued ex parte (with only one side present).

A court may issue a SPO after a conviction for a criminal charge of stalking or at the hearing when both sides are present following the issuance of a Preliminary Protective Order if the court finds that the petitioner has proven the allegation of stalking by a preponderance of the evidence.

The SPO may be issued for a specified period not to exceed two years.

A violation of certain terms of any of the above Civil Protective Orders in stalking cases can result in a criminal charge of a Class 1 misdemeanor issued by the magistrate. If found guilty, the violator may be sentenced to a term of up to 12 months in jail and a $2500 fine.

The Federal Gun Control Act was amended effective September 30, 1996, to make it unlawful for any person convicted of a misdemeanor crime of domestic violence to possess, purchase, or receive firearms or ammunition.

Virginia law also makes it a crime (Class 1 misdemeanor) for a person who is subject to a protective order to purchase or transport any firearm while the protective order is in effect. This prohibition applies to Emergency Protective Orders, Preliminary Protective Order, Protective Orders, Stalking Emergency Protective Orders, Stalking Preliminary Protective Orders and Stalking Protective Orders.