Domestic Violence Protection Order - Virginia

Proposed order for court review. The family-abuse petition uses Virginia court Form DC-611. The court enters a final family-abuse order on Form DC-650, including its firearm-certification attachment. Transfer the selected terms below to the court's form. This draft has no effect until the court enters the order.

Juvenile and Domestic Relations District Court for [COUNTY OR CITY], Virginia

Case No. [CASE NUMBER]

Proposed Family Abuse Protective Order

Findings

The Court held a hearing on [DATE]. Respondent received reasonable notice by [METHOD AND DATE] and had an opportunity to be heard. Respondent ☐ appeared ☐ did not appear.

The Court has jurisdiction of the parties and subject matter. Petitioner and Respondent are family or household members because [RELATIONSHIP AND FACTS]. Based on [SPECIFIC TESTIMONY OR EVIDENCE], the Court finds by a preponderance of the evidence that Respondent committed family abuse against Petitioner. The Court enters the selected terms below to protect Petitioner and the listed family or household members.

Protected family or household members, in addition to Petitioner: [NAMES AND RELATIONSHIPS]. Record the identifying information required for court and law-enforcement entry on the court's protected-information form, rather than in a public narrative.

Protective terms

The Court orders only the terms marked below. Any exception must be stated expressly.

☐ Respondent shall not commit acts of family abuse or criminal offenses resulting in injury to person or property.

☐ Respondent shall have no direct or indirect contact with Petitioner or the following protected family or household members: [NAMES]. Exception for necessary child-related communication or another purpose: [PRECISE METHOD, PERSON, TIME, AND SCOPE OR "NONE"].

☐ Respondent shall stay at least [DISTANCE] from [SPECIFIED RESIDENCE, SCHOOL, WORKPLACE, OR OTHER PLACE]. Do not disclose a protected address in a public copy if the Court has ordered it confidential.

☐ Petitioner shall have possession of the residence at [ADDRESS] to the exclusion of Respondent. This possession provision does not alter title to real or personal property. Respondent shall ☐ continue or restore necessary utilities identified as [UTILITIES] ☐ contribute [AMOUNT] toward rent or mortgage as specified: [PAYMENT TERMS].

☐ Respondent shall provide and maintain suitable alternative housing for [PERSONS] at [LOCATION OR DESCRIPTION] and, where ordered, pay [AMOUNT] to connect or restore necessary utilities.

☐ Petitioner shall have temporary possession or use of [VEHICLE DESCRIPTION] owned by Petitioner alone or jointly by the parties. Respondent shall maintain [SPECIFIED INSURANCE, REGISTRATION, OR TAXES]. Title is unaffected.

☐ Petitioner shall have exclusive use of [CELLULAR NUMBER OR DEVICE]. Respondent shall not [SPECIFIED TERMINATION, LOCATION-TRACKING, OR SURVEILLANCE CONDUCT].

☐ Temporary custody of [CHILDREN] is awarded to [PERSON]. Visitation is ☐ denied ☐ allowed only at [PLACE AND TIME] with [SUPERVISION AND EXCHANGE CONDITIONS]. The Court finds these conditions necessary for the safety of [PERSONS]: [FACTS].

☐ For children of Petitioner whom Respondent has a legal duty to support, Respondent shall pay temporary child support of [AMOUNT] on [SCHEDULE]. This temporary support ends when support is determined in a support proceeding or when this protective order terminates, whichever occurs first. Enter the support terms on page 5 of Form DC-650.

☐ Petitioner shall have possession of [COMPANION ANIMAL], on the Court's finding that Petitioner meets the applicable owner definition.

☐ Respondent shall participate in [SPECIFIED TREATMENT OR COUNSELING PROGRAM] on [SCHEDULE].

☐ Additional relief necessary for protection: [SPECIFIC TERM AND REASON].

Firearms

The Court advises Respondent of the restrictions and relinquishment duties in Va. Code § 18.2-308.1:4. Within 24 hours after service, Respondent shall surrender firearms to the designated local law-enforcement agency, sell or transfer them to a firearms dealer, or sell or transfer them to a legally eligible person who is at least 21 years old and does not reside with Respondent. Within 48 hours after service, Respondent shall file the required written certification on the court-provided form. The serving officer shall provide the designated agency's address and hours and the certification forms. The statute governs any lawful transport during the 24-hour relinquishment period.

Duration, service, and enforcement

Entered on [DATE]. This order expires at 11:59 p.m. on [EXPIRATION DATE]. The selected term is ☐ no more than two years ☐ no more than four years, based on the Court's finding that Respondent was subject to a prior order under Va. Code § 16.1-279.1 issued within the preceding ten years: [PRIOR CASE, DATE, AND EVIDENCE]. An extension requires the procedure in § 16.1-279.1(B).

The clerk shall provide a copy to Petitioner and arrange service on Respondent as soon as possible. The Court shall transmit required identifying information electronically to the Virginia Criminal Information Network by the end of the business day of entry and forward an attested copy to the primary law-enforcement agency for service and entry. The agency shall record the date and time of service and make return to the Court.

Specified violations of this family-abuse order may be prosecuted under Va. Code § 16.1-253.2; other violations may constitute contempt under § 16.1-279.1(D). The applicable statute determines the elements and penalty. Once served, Respondent shall notify the Court in writing within seven days after a change of residence while this order remains in effect.

Either party may at any time file a written motion for a hearing to dissolve or modify this order. Only the Court may change its terms.

SO ORDERED.

Date and time: [DATE AND TIME]

Judge's signature: ________________________________________

Printed name: [JUDGE NAME]

Service record

Respondent was served by [OFFICER AND AGENCY] on [DATE AND TIME]. Return of service filed on [DATE].