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Newport News Police Department
c. The complainant's accusation and/or statements from creditable witnesses confirm that the
protective order has been violated.
4. The officer shall place the person subject to the protective order under arrest at the scene or upon
subsequent apprehension. Arrest without a warrant is authorized under §19.2-81.3 of the Code of
Virginia. [1.2.5]
NOTE: Copies of valid protective orders issued by a Newport News magistrate or court will be kept
on file in Records.
5. If the alleged abuser has left the scene and probable cause exists that a protective order was violated,
the investigating officer shall obtain a warrant for the alleged abuser.
6. In addition to any other penalty provided by law, a person who violates any provision of a protective
order (which the court deems appropriate) is guilty of a Class 1 misdemeanor.
E. If, during the trial of the abuser or stalker, the victim recants their original statement made to an officer,
the officer shall not obtain a warrant for perjury or false information to a police officer without first
discussing the case with the Commonwealth’s Attorney who is prosecuting the case.
F. Non-Violent Domestic Disturbances
1. Officers shall respond to non-violent/non-criminal domestic disputes.
2. After ensuring that no criminal/violent activity has transpired, the officer should attempt to mediate
the dispute.
a. The officer shall remain impartial.
b. Advice as to referral services and possible civil remedies shall be offered.
3. If the dispute involves the removal of personal property, the officer shall:
a. Advise the complainant that they are only on the scene to provide security while the individual
retrieves clothing, medicines, eyeglasses and the like.
b. Only remain on scene as long as it is reasonably necessary for the individual to remove personal
items necessary for immediate needs.
c. Stay outside of the entrance to the residence unless:
1) Invited inside by both parties; or
2) If needed, preserve the peace and protect either of the parties involved.
4. At their discretion, the officer may notify the involved parties that they will leave the scene if they
are not making adequate efforts to retrieve the necessary items.
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