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Newport News Police Department
V. PROTECTIVE ORDERS
A. Emergency Protective Orders [74.2.1]
1. Domestic Violence Cases: The investigating officer shall petition the magistrate or judge to obtain an
emergency protective order (§16.1-253.4 of the Code of Virginia) if a warrant is obtained for violation
of §19.2-81.3. If an arrest is not made and there is probable cause to believe that a danger of acts of
family abuse exists by the aggressor, the officer shall assert under oath to any judge or magistrate,
the evidence and circumstances to petition for an emergency protective order.
2. Stalking Cases: (§19.2-152.8(B) of the Code of Virginia) An emergency protective order will be issued
when a law enforcement officer or petitioner asserts under oath that the victim has been, or is being
subjected to an act of violence, force, or threat, and the judge or magistrate finds:
a. There is probable danger of a further such offense being committed; or
b. A petition or warrant for the arrest of the accused has been issued.
3. Process
a. When completing the Emergency Protective Order Form (State Form DC-626), all respondent
(aggressor) information must be completed so the order can be entered into VCIN.
1) When issued through the magistrate, General District Court, or Juvenile and Domestic
Relations Court, the preliminary order information will be entered into VCIN by that entity.
The Records Unit is responsible for ensuring that any verified changes to the preliminary
identifying information are entered into VCIN.
2) When issued through the Circuit Court, Records personnel will enter the preliminary order
information into VCIN.
b. If the victim of the abuse, force or threat goes directly to the magistrate to report the incident,
they may also seek to have an emergency protective order issued. If issued, the magistrate will
contact the Communications Division to have an officer respond and deliver an order copy to the
victim. The officer will then proceed to Records to verify the information on the order and enter
any modifications into VCIN and then seek to have the order served on the respondent.
c. If the magistrate denies issuing an emergency protective order in a domestic violence case, the
form will remain with the magistrate to be sent to the appropriate court. The officer shall remove
the “officer’s copy” section of the form to keep with their records.
NOTE: As set forth in §16.1-253.4 of the Code of Virginia, when the judge/magistrate considers
the issuance of an emergency protective order after a warrant has been issued or is
being issued, the presumption shall be that there is probable danger of further acts of
abuse against a family or household member by the respondent unless the victim rebuts
the presumption.
4. When the judge/magistrate issues a written or verbal or emergency protective order, the order shall:
a. (Domestic violence cases) Prohibit the aggressor from further acts of domestic abuse or criminal
offenses that result in injury to person or property, contact between the two disputing parties
and/or grant temporary possession of the premises to the complainant to the exclusion of the
aggressor.
b. (Cases involving an act of violence, force, or threat) Prohibit contact with the victim or victim’s
family as necessary to protect their safety, and/or other conditions as necessary to prevent acts
involving violence, force or threats, acts of sexual battery, or criminal offenses resulting in injury
to person or property, or communication or contact of any kind.
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