Virginia 2024 Regular Session

Virginia Senate Bill SB398

Introduced
1/9/24  
Refer
1/9/24  
Report Pass
2/7/24  
Engrossed
2/9/24  
Refer
2/15/24  
Report Pass
2/23/24  
Enrolled
3/4/24  
Chaptered
4/5/24  

Caption

Protective orders; respondent to notify court of change of address.

Impact

The legislation has significant implications for state laws regarding domestic violence. It strengthens the responsiveness of the legal system by mandating that protective orders must be entered into state databases swiftly, thereby improving law enforcement's ability to act on these orders. Additionally, provisions ensuring confidentiality for victims' personal information reflect a commitment to protecting vulnerable individuals from further harm. The requirement for timely hearings post-order issuance is designed to uphold victims' rights and safety. Overall, SB398 aims to create a more cohesive and supportive legal framework around the issuance and maintenance of protective orders.

Summary

SB398 amends several sections of the Code of Virginia related to protective orders in cases of domestic violence, particularly focusing on improving the responsiveness and enforcement of these orders. The bill frames the conditions under which preliminary and full protective orders can be issued, allowing courts to impose measures such as prohibiting contact with the petitioner, granting possession of shared housing, and even ordering the respondent to provide alternative housing. By expediting the issuance and enforcement process, SB398 aims to enhance the safety of victims by ensuring quick judicial responses to reported abuses.

Sentiment

The sentiment surrounding SB398 appears to be largely supportive among advocates for domestic violence prevention, who see these reforms as essential for increasing victim safety and enforcing protective measures thoroughly. Lawmakers and advocacy groups have largely applauded the bill's emphasis on accountability for respondents and the prioritization of victims' immediate needs. However, there may be concerns from legal professionals about the implications of expediting court processes and ensuring that due process is upheld for respondents, suggesting a nuanced perspective about the balance of protection and rights.

Contention

Notable points of contention include discussions about the balance between protecting victims and ensuring fair treatment for respondents under the law. Concerns have been raised regarding the potential for misuse of protective orders or rushed judgments inflicted on individuals without full consideration of evidence. Moreover, the financial burden of legal proceedings on victims, as well as the ramifications for shared living arrangements and child custody, may fuel ongoing debates regarding the adequacy of this legislation in adequately addressing the complexities involved in domestic violence cases.

Companion Bills

No companion bills found.

Previously Filed As

VA SB873

Family abuse protective orders; filing a petition on behalf of minors.

VA HB1961

Family abuse protective orders; relief available, password to electronic device.

VA HB1897

Protective orders; extensions and continuances, other monetary relief, penalty.

VA SB1532

Protective orders; extensions and continuances, other monetary relief, penalty.

VA SB895

Interlocutory decrees or orders, certain; appeals.

VA SB486

Protective orders; workplace violence.

VA HB1015

Protective orders; workplace violence.

VA SB1080

Juvenile and domestic relations district courts; adjudication of delinquency.

VA HB1992

Juvenile and domestic relations district courts; notice of appeal to the circuit court.

VA SB1067

Substantial risk orders; substantial risk factors and considerations.

Similar Bills

VA HB1961

Family abuse protective orders; relief available, password to electronic device.

VA SB1532

Protective orders; extensions and continuances, other monetary relief, penalty.

VA HB1897

Protective orders; extensions and continuances, other monetary relief, penalty.

VA HB295

Protective orders; prohibits parent of a minor from filing a petition for family abuse, etc.

VA HB244

Protective orders; prohibits parent of a minor from filing a petition for family abuse order, etc.

VA HB2130

Juvenile respondent in protective order proceeding; other dispositions.

VA SB873

Family abuse protective orders; filing a petition on behalf of minors.