SB 574 Virginia Senate · 2020 Regular Session

Protective orders; petitioning court on behalf of incapacitated persons.

Summary
Protective orders on behalf of incapacitatedpersons. Allows an employee of a local department of social services(local department) to petition a court on behalf of an incapacitatedperson for a preliminary protective order in cases of family abuseor non-family abuse. If the court finds by a preponderance of theevidence that the person is an incapacitated person and lacks thecapacity to file such petition for himself, the court shall granta guardian ad litem to represent the interests of the incapacitatedperson and may issue an order granting the preliminary protectiveorder if other conditions required for the issuance of a preliminaryprotective order are met. The bill allows the employee of a localdepartment who filed the petition to testify on behalf of the incapacitatedperson at any hearing for the preliminary protective order and atthe full hearing on the petition. At the full hearing on the petition, the court may issue a protective order for a specified period oftime, up to a maximum of two years, if the court finds by a preponderance of the evidence that the employee of a local department who filedthe petition has proven the allegation of abuse or that the incapacitatedperson has been subjected to an act of violence, force, or threat.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2020
Committee Review
Floor Vote
Governor
Introduced Jan 7, 2020 Last action Jan 27, 2020
Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
6
Key actions
1
Committee
2
Jan 8, 2020
Upper · Passed
Moved from Courts of Justice to Judiciary due to a change of the committee name
upper
Jan 7, 2020
Committee
Referred to Committee on the Judiciary
upper
Jan 7, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20101861D
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
MM
Monty Mason
DDemocratic
VA
1