-
Va. Code 18.2-57.2 - Assault & Battery
against a family or household member
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Va. Code 16.1-228 - Definition of a
"family or household member"
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Va. Code 16.1-253.4 - Emergency Protective
Order
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Why Learn about Protective Orders
- Learn to Recognize Abuse
- False Hopes Can Be Dangerous
- What Can A Protective Order Do?
-
If Children Are Involved
- A Protective Order Can't Guarantee Safety
- Build Your Case
- How To Request a Protective Order
- Do Your Part
- Plan For Your Safety
- Some Questions & Answers
- Resources Available
This guide is an informational tool. It does not supercede the Code
of Virginia, Virginia Administrative Code or any other statute. Click here
to go to the Virginia
Domestic Violence Code on the Web.
I. ASSAULT & BATTERY AGAINST A
FAMILY OR HOUSEHOLD MEMBER - VA. CODE 18.2-57.2?.
18.2-57.2
- Code of Virginia, Assault & Battery
against a family or household member
A. Any person who commits an
assault and battery against a family or household member shall be guilty
of a Class 1 Misdemeanor.
B. On a third or subsequent conviction for
assault and battery against a family or household member, where it is
alleged in the warrant, information, or indictment on which a person is
convicted that (i) such person has been previously convicted twice of
assault and battery against a family or household member, or of a
similar offense under the law of any other jurisdiction, within ten
years of the third or subsequent offense, within ten years of the third
or subsequent offense, and (ii) each such assault or battery occurred on
different dates, such person shall be guilty of a Class 6 felony.
C. Whenever a warrant for a violation of this
section is issued, the magistrate shall issue an emergency protective
order as authorized by 16.1-253.4, except if the defendant is a minor,
an emergency protective order shall not be required.
D. The definition of "family or household
member" in 16.1-228 applies to this section.
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II. DEFINITION OF A FAMILY OR
HOUSEHOLD MEMBER - VA. CODE 16.1-228
"Family or Household member" as taken from Virginia
Code
16.1-228
Means (i) the person's spouse, whether or not
he or she resides in the same home with the person, (ii) the person's
former spouse, whether or not he or she resides in the same home with
the person, (iii) the person's parents, stepparents, children,
stepchildren, brothers, sisters, grandparents and grandchildren,
regardless of the person, (iv) the person's mother-in-law,
fathers-in-law, son-in-laws, daughters-in-law, brothers-in-laws and
sister-in-laws who reside in the same home with the person, (v) any
individual who has a child in common with the person, whether or not the
person and that individual have been married or have resided together at
any time, or (vi) any individual who cohabits or who, within the
previous twelve months, cohabited with the person, and any children of
either of them residing in the same home with the person.
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III. WHAT IS AN EMERGENCY
PROTECTION ORDER - VA. CODE 16.1-253.4?.
Emergency Protective Order - Virginia Code
16.1-253.4
It's a order issued by a magistrate or judge, to help you
protect yourself from someone who is abusing or harassing you. Any
adult may petition a magistrate or judge for an "Emergency Protective
Order" if a warrant in violation of 18.2-57.2 has been issued and
there is probable danger of further acts of family abuse against a
family or household member by the respondent or reasonable grounds
exist to believe that the respondent has committed family abuse and
there is probable danger of a further such offense against a family or
household member the the respondent. An emergency protective
order shall expire 72 hours after issuance. If the 72 hours is not in
session, the emergency protective order shall be extended until 5 p.m.
of the next business day that the juvenile and domestic relations
district court is in session.
A. PROTECTION ORDERS
CAN HELP:
- SET LIMITS - For
example, it can require the abuser to keep away from you, your
family members and your
home.
- SEND A STRONG MESSAGE
- Getting a protection order lets the abuser know you won't put up
with abusive behavior.
B. PRELIMINARY PROTECTIVE
ORDER: If a family or household member requires a protection
longer than that granted by the Emergency Protective Order, they may
petition the court for a Preliminary Protective Order under Virginia
Code 16.1-253 or16.1-253.1.
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IV. WHY LEARN ABOUT EMERGENCY
PROTECTIVE ORDERS (EP0)?
Because they can be useful tools for ending - or preventing
-abuse.
A. Abuse Can Take A Terrible Toll On Your:
- SELF-ESTEEM - Abuse
can make it hard for you to feel good about yourself. you may even
come to believe that you deserve the mistreatment --that's never
true!
- HEALTH - Physical abuse can
lead to serious injury --or death. But any kind of abuse creates
emotional stress, which can damage health in many ways.
- LIFE - Living with abuse --
or the threat of abuse -- can be a nightmare for you and your whole
family.
- CHILDREN'S FUTURE - Living
in an abusive household makes a child more likely to continue the
pattern of abuse --either as victim or abuser.
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V. LEARN TO RECOGNIZE ABUSE
The first step to getting a protection order is deciding
whether you need one.
A. PHYSICAL ABUSE and the fear
it creates can effect every aspect of a woman's life. Physical abuse
includes:
- Hitting
- Using a weapon
- Shoving
- Twisting an arm
- Choking
- Holding a woman against her will
B. EMOTIONAL ABUSE may be more
difficult to recognize than physical abuse, but emotional abuse is
just as serious. Emotional abuse includes:
- Making threats.
- Humiliating a woman by putting her down, calling her
names, telling her she's selfish, not good enough, etc.
- Taking or destroying a woman's personal property.
- Forbidding her to leave the house or see friend.
C. SEXUAL ABUSE can involve a
female of any age -- single or married. It can include:
- Rape (sex forced on a person, whether or not the 2
people are partners)
- Pressuring a person to have sex.
- Making comments or behaving in ways that make a woman
feel like a sexual object.
D. STALKING is a pattern of
harassing a woman. In Virginia, stalking is a crime under Virginia
Code 18.2-60.3.
It can involve:
- Following a woman in public.
- Making threats over the phone.
- Calling repeatedly or at inappropriate times (the middle
of the night, for example)
- "Staking out" a woman's home or workplace. In many
cases, a woman who is being stalked is in great danger. Stalking
often leads to a violent crime.
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VI. FALSE HOPES CAN BE DANGEROUS
A woman who believes the abuse will stop by itself or
become less frequent is putting herself at risk. The abuser may
apologize and promise it won't happen again, but in most cases the
abuse continues and even gets worse.
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VII. WHAT CAN A PROTECTION ORDER DO?
Every state is different, but in many places a protection
order can require an abuser to:
- STAY AWAY FROM YOU at home,
at work and anywhere you go. A protection order can also prohibit the
abuser from contacting you by telephone or mail.
- MOVE OUT if the two of
you live together, whether as partners or just house mates.
- GET INTO A COUNSELING PROGRAM
that focuses on battering, substance abuse or both, if appropriate.
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VIII.
IF CHILDREN ARE INVOLVED, A PROTECTION ORDER MAY ALSO
- GIVE YOU TEMPORARY CUSTODY -
This generally lasts during the period that the Emergency Protective
Order is in effect. You may petition for a Preliminary Protective
Order if you feel that you or your family members are in danger of
family abuse for a longer period of time.
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IX.
BUT A PROTECTION ORDER CAN'T GUARANTEE YOUR SAFETY
An abuser can be arrested for violating
the order, but it's not always possible to prevent a violation.
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X. BUILD YOUR CASE
- It may help you in court, if you decide to apply for a protection
order.
- NOTIFY THE POLICE - If
possible, call the police during an incident of abuse or immediately
afterward. The sooner you notify them, the stronger your case will be
if you go to court. Get the responding officers' names.
- GATHER EVIDENCE - This will
also help to make your case stronger. Try to:
1. Have a friend to take photographs of your injuries right
after an incident of physical abuse -- or ask the police to do it. Be
sure to note the time and date the photos were taken.
2. Save torn or bloody clothing and anything else that
could serve as evidence of abuse.
3. Get the names, addresses, telephone number of witnesses,
if any.
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XI. HOW TO APPLY FOR A PROTECTION ORDER
- FIRST, GET ADVICE - Talk to
the police or call a local women's shelter. Find out:
1. What a Emergency Protective Order can and can't do
for you.
2. What procedure to follow for getting a protection order
in your area.
3. Contact the magistrate through your local Police or
Sheriff's office.
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XII. DO YOUR PART
To see that the protection order works. Enforcing a
protection order is a team effort.
Remember To:
- REPORT ANY VIOLATION OF THE ORDER -
to the police immediately. If you don't take the order seriously, the
police or court may not either.
- CARRY YOUR PROTECTION ORDER WITH YOU
at all times. The police will be more likely to make an arrest if they
see that a protective order is in effect and has been violated.
- AVOID MAKING DELIBERATE CONTACT
with the abuser. A protectionive order tells the abuser to stay away from
you, but you're expected to live by the "no contact" terms, too.
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XIII. PLAN FOR YOUR SAFETY
Remember -- a protective order is only a piece of paper.
Take other steps to protect yourself.
If You Don't Have A
Protection Order:
- PLAN FOR A QUICK ESCAPE -
Going to a woman's shelter or the home of family or friends may be
the first step in escaping an abusive situation.
Try To:
1. Pack a suitcase, and leave it with a friend or neighbor.
2. Hide an extra set of car keys.
3. Put aside emergency money and any important papers
you'll need.
4. Plan where to go and how to get there, at any time of
the day or night.
EVEN IF YOU DO HAVE A PROTECTION
ORDER, IT'S A GOOD IDEA TO:
- KEEP EMERGENCY NUMBERS HANDY
- Make sure you have numbers for:
1. The Police
2. An Ambulance
3. A battered spouse's hotline
- INSTALL SECURE LOCKS ON DOORS AND
WINDOWS - Keep your house locked at all times, and consider
installing a peephole in your front door. If possible don't let the abuser in.
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XIV. SOME QUESTIONS AND ANSWERS
- WHO CAN FILE FOR A PROTECTION ORDER?
- Each state has its own rules. Depending on where you live, you may
be eligible for a protective order even if:
1. You're not married to the abuser
2. You don't live with the abuser
3. Your partner is a woman
4. The abuser is your own child.
- WOULD IT HELP TO GET A LAWYER?
Getting legal counsel is a good idea, but it doesn't
necessarily mean hiring a lawyer. Women's shelters often have legal
advocates who can answer questions and even go to court with you. If
you decide to find a lawyer, look for one with experience in family
law.
- DOES IT COST ANYTHING TO FILE?
There is no cost to request a Emergency Protective Order from
the magistrate.
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VI. LOCAL
RESOURCES & ASSISTANCE
EMERGENCY -
"Dial 9-1-1"
NON EMERGENCY TELEPHONE
NUMBERS:
- Covington Police Department - (540) 962-6333
- Alleghany County Sheriff's Office - (540)
965-1770
- Clifton Forge Police Department - (540)
863-2513
- Virginia State Police - (540) 863-4413
SHELTERS/HOUSING
- Safe Homes - (540) 965-3237
- Victim Witness Program Coordinator - (540)
540-965-6366
LEGAL
- Alleghany County Commonwealth Attorney -
(540) 965-1740
|
National Domestic
Violence/Abuse Hotline
1-800-799-SAFE
1-800-799-7233 |
1-800-787-3224 TDD
24-hour-a-day hotline staffed by trained counselors ready to
provide immediate crisis intervention assistance to those in
need. Callers can be connected directly to help in their
communities, including emergency services and shelters as well
as receive information and referrals, counseling and assistance
in reporting abuse. This is a vital lifeline to anyone - man,
woman or child - who is a survivor of domestic violence, or who
suspects that someone they know may be the victim of abuse.
Calls to the hotline are confidential, and callers may remain
anonymous if they wish.
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