Virginia House Bill HB2766

Virginia 2025 Regular Session

• Introduced: 1/17/25
• Refer: 1/17/25

Caption

Protective orders; violation of child protective order, penalties.

Impact

The modifications brought by HB 2766 have implications for state laws concerning the protection of children and the enforcement of protective orders. The bill seeks to address the serious risk a child may face in dangerous domestic situations, thereby streamlining the judicial process for protecting children in emergency situations. Law enforcement agencies and the court system will need to adapt to these changes, particularly in how they handle the documentation and execution of protective orders. The intent is to create a more responsive system that prioritizes child safety without sacrificing due process for the parties involved.

Summary

House Bill 2766 amends and reenacts various sections of the Code of Virginia related to violations of protective orders and the enforcement of child protective measures. This bill aims to enhance the legal framework around child safety by clarifying the process for issuing preliminary protective orders and the penalties for violating those orders. The amendments include stricter penalties for violations involving firearms and clarify the conditions under which a child may be removed from their home for their protection. Notably, it establishes a clearer protocol for the issuance of ex parte orders to protect children from imminent threats to their health or safety.

Contention

While proponents of HB 2766 argue that the bill is a necessary step in improving child protection measures, opponents may express concerns about the balance of rights between parents and the protective measures put in place. There may also be legal implications regarding how these protective orders are issued and enforced, particularly regarding parental rights. Critics may be particularly wary of provisions that allow for swift removal of children in cases where immediate threats are perceived, potentially leading to disputes about the sufficiency of evidence required to substantiate such interventions.