Protective orders in cases of family abuse; maximum time valid.
HB2123 amends Virginia’s protective order law for cases of family abuse. The bill authorizes courts to issue protective orders to protect petitioners and household members and lists the types of relief that may be included, such as no-contact provisions, exclusive possession of a residence, utility protections, use of a vehicle or cellphone, alternative housing, counseling, pet possession, temporary custody or visitation, and temporary child support. It also preserves procedures for service, entry into the Virginia Criminal Information Network, enforcement, modification, dissolution, and recognition of out-of-state protective orders.
The central change made by the bill is to extend the maximum duration of a protective order. Under the amended law, a protective order may be issued for up to two years, but if the respondent has been subject to a previous order within the prior 10 years, the court may issue the order for up to four years. The bill also allows extensions of up to two years and permits repeated extensions, with expedited docket treatment for extension and dissolution proceedings. It requires respondents to notify the court of residence changes within seven days while the order is in effect and maintains confidentiality protections for protected parties’ addresses, phone numbers, and employment information.
HB2123 changes Code of Virginia § 16.1-279.1, the statute governing protective orders in family abuse cases, by lengthening the maximum possible duration of orders and clarifying extension procedures. It affects courts, clerks, law-enforcement agencies, respondents subject to protective orders, and petitioners seeking domestic violence protection. The bill also carries a fiscal note indicating it may increase periods of incarceration or juvenile commitment for violations, triggering a minimum fiscal impact estimate.
The bill appears to have broad bipartisan support and was advanced overwhelmingly at each stage of the legislative process. It passed the House 95-0, the Senate 38-2, and the House agreed to the Senate substitute 97-0. Committee and subcommittee votes were also strongly favorable, suggesting general agreement that the measure strengthens protections for victims of family abuse.
The main policy question in the bill is how long protective orders should remain in effect and under what circumstances they should be extended. Supporters appear to favor longer and more flexible protection periods for victims, especially where there is a prior history of abuse or repeated need for court protection. The limited opposition reflected in a small number of no votes likely related to concerns about the expanded duration of orders, the potential for increased penalties or incarceration, or the balance between victim safety and respondent due process, though no committee transcript is available to identify specific arguments.