Virginia Lawmakers Amend Domestic Violence Protective Order Laws

June 03, 2012 /24-7PressRelease/ -- The murder of University of Virginia student Yeardly Love, who was killed by her boyfriend George Wesley Huguely V in 2010, brought renewed focus to issues of domestic violence in Virginia. The Virginia General Assembly has responded by passing changes to legal jurisdiction for granting protective orders as well as the way that information is shared, and the governor's recent signature of the bill should enable protection of more victims from domestic assault and harassment. Two general types of protection orders are authorized under Virginia law: Family Abuse Protective Orders and Stalking, Sexual Battery, and Other Acts of Violence Protective Orders. The distinctions are based on the relationship between the victim and the alleged abuser or stalker, as well as factors such as whether they have children and whether a criminal investigation has commenced. Virginia protective orders are also given different durations based on the stage of the legal process for reviewing the allegations: - Emergency Protective Orders can be issued quickly by a magistrate and last for 72 hours after the alleged abuser (respondent) is served - Preliminary Protective Orders, based on a formal legal petition, last for fifteen days until the court holds a hearing based on the accusations and can be extended for up to six months if the respondent fails to show up - Permanent Protective Orders can last up to two years and are renewable Once an order is in place, the respondent can be required to cease contact, leave a home, receive counseling or substance abuse treatment, give up custody of children and provide temporary financial support. But concerns about the effectiveness of the process led to the recent changes signed into law in Richmond that will go into effect on July 1. Changes to Virginia Protective Orders Yeardley Love's murder included many factors that are common to escalating and dangerous domestic disputes. After she broke up with Huguely, he allegedly sent threatening email and text messages, physically attacked her while drunk and was involved in violent encounters witnessed by friends. The recently enacted changes include: - Authorizing circuit court jurisdiction over petitions regarding modifications or extensions of permanent protective orders if the circuit court originally issued the order - Requiring court clerks to enter identifying information to the Virginia Criminal Information Network (VCIN) system immediately after a protective order is issued - Clarifying that juvenile and domestic relations district courts have jurisdiction over all protective order petitions that involve juvenile victims or respondents - Empowering judges to prohibit contact between a respondent and the alleged victim as well as the victim's family Acting Swiftly to Protect Victims of Abuse or Defend Against False Accusations According to the Domestic Violence Prevention and Response Advisory Board, the number of domestic violence victims in Virginia increased almost nine percent between 2006 and 2010. During that same period, the overall number of violent crime victims increased by only one percent. One of every five homicides involved domestic violence, as well as 30 percent of all sexual assaults. While 70 percent of victims were female, the number of male victims increased during that period by 17 percent. Violence between boyfriends and girlfriends is significantly more frequent than either spousal violence or parent/child abuse. The procedure for obtaining an Emergency Protective Order is relatively straightforward. After that, the legal process becomes more complicated, and individuals who seek orders or must defend themselves against abuse allegations often consult with a Virginia domestic violence attorney. A lawyer can explain the basic factual elements that are likely to influence a judge's review of the petition, and take into account the significance of recent changes to the law and other factors. Article provided by Eddy Paul Rice, IV Visit us at www.eddypaulrice.com --- Press release service and press release distribution provided by http://www.24-7pressrelease.com