Virginia 2023 Regular Session

Virginia Senate Bill SB895

Introduced
1/5/23  
Refer
1/5/23  
Report Pass
1/25/23  
Engrossed
1/30/23  
Refer
2/9/23  
Report Pass
2/20/23  
Enrolled
3/7/23  

Caption

Interlocutory decrees or orders, certain; appeals.

Impact

The passage of SB895 will significantly influence state laws surrounding domestic violence and family abuse by streamlining the process by which protective orders are filed and modified. Victims will find it easier to navigate the legal system when seeking protection, and the bill mandates prompt entry of protective orders into law enforcement databases. The increased accessibility and efficiency are expected to enhance the safety of individuals at risk of family abuse and create a more responsive legal framework.

Summary

SB895 focuses on amending several sections of the Virginia Code related to protective orders in cases of family abuse. It outlines provisions for the issuance of protective orders to safeguard the health and safety of the petitioners and their family or household members. The bill empowers courts to grant a variety of protections, including prohibiting the respondent from making contact with the petitioner, granting possession of residences, and securing alternative housing as necessary. Additionally, it emphasizes the expedited processing of extensions and modifications of protective orders to respond to the evolving needs of victims.

Sentiment

The sentiment surrounding SB895 is largely supportive, especially among advocacy groups focused on domestic violence prevention and victims' rights. Many view the bill as a necessary update to ensure that the legal system adequately protects those in dangerous situations. However, some concerns have been raised regarding the potential applicability and enforcement of protective orders, particularly in ensuring that they are adequately served and respected by the involved parties.

Contention

Notably, one point of contention arises from discussions about the extent of enforcement mechanisms that will accompany the protective orders laid out in SB895. While the bill provides for various forms of relief to petitioners, the effectiveness of these measures is contingent upon timely and accurate communication between the courts and law enforcement agencies. There are also concerns about the workload increase for law enforcement as they adapt to the enhanced responsibilities associated with the expedited processing of protective orders.

Companion Bills

No companion bills found.

Previously Filed As

VA HB1882

Protective orders; military protective orders.

VA SB957

Protective orders; military protective orders.

VA SB751

Protective orders; military protective orders.

VA HB1363

An Act to amend and reenact ยง 16.1-279.1 of the Code of Virginia, relating to family abuse protective orders; conditions imposed upon issuance.

VA HB2123

Protective orders in cases of family abuse; maximum time valid.

VA HB1363

Family abuse protective orders; conditions imposed upon issuance.

VA HB2316

Protective orders; dissolution of existing order.

VA HB2520

Virginia military forces; preliminary protective orders, etc.

VA SB1295

Preliminary protective orders; dispositional hearings.

VA HB2130

Juvenile respondent in protective order proceeding; other dispositions.

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