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Legislation alters protective order regulations

State delegates endorse bill to allow filing of order without arrest warrant

The Virginia House of Delegates endorsed House Bill 2063 yesterday, which will make it easier to obtain a protective order without first obtaining an arrest warrant. The House supported the bill with a unanimous vote of 99-0.

Del. Rob Bell, R-Albemarle, authored the bill following a year-long study by the Virginia State Crime Commission about domestic violence and protective orders. The bill was proposed after the death of University student Yeardley Love last year. Her ex-boyfriend, former University student George Huguely, faces first-degree murder charges relating to her death.

"In the crime commission we determined that we wanted to make it easier for those in dating relationships and others, like those fearing workplace violence, to obtain protective orders," Bell said. "If the law passes, any person who is subject to an act or threat which places her in reasonable apprehension of bodily injury will be able to obtain a protective order."

The bill's supporters point out that it enables a faster and more reliable response to alleged domestic violence.

"If this bill passes we expect that victims of all kinds of relationship violence will have a more streamlined and effective system in obtaining the help and the protection that they need," said Sarah Buckley, legislative aide to Del. David Toscano, D-Charlottesville.

The proposed bill also stipulates that law enforcement officers are required to arrest suspects upon the first violation of such protective orders.

"It will ensure that there's one consistent law enforcement response to the order," said Gena Boyle, Domestic Violence Advocacy Manager at Virginia Sexual and Domestic Violence Action Alliance. "When there has been a violation, the officer that is responding has one set of things that he has to look for in terms of who he has to arrest."

The bill also included increased penalties for repeat domestic violence offenders, including a presumption against bail and a mandatory jail time of at least 60 days for the second offense.

Bell sees this bill as a further effort to prevent domestic violence in the future and to protect the entire citizenry.

"I do think this is important because threats don't just come from within the family or household," he said. "It can be a boyfriend, a work colleague, or a neighbor. I am hopeful this will give victims another law enforcement tool to help keep them safer"

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