Virginia HB 208: Anti-harassment orders; creates a procedure for issuing an order.

Bill Text

2026 SESSION

INTRODUCED

26103419D

HOUSE BILL NO. 208

Offered January 14, 2026

Prefiled January 7, 2026

A BILL to amend the Code of Virginia by adding in Title 19.2 a chapter numbered 9.3, consisting of sections numbered 19.2-152.18 through 19.2-152.22, relating to anti-harassment orders.

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Patron—Williams

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 19.2 a chapter numbered 9.3, consisting of sections numbered 19.2-152.18 through 19.2-152.22, as follows:

CHAPTER 9.3.

ANTI-HARASSMENT ORDERS.

§ 19.2-152.18. Definitions.

As used in this chapter, "harassment" means any act or pattern of action that is ongoing and purposeful either in gesture or communication that causes alarm or reasonable emotional distress and serves no legitimate or lawful purpose.

§ 19.2-152.19. Temporary anti-harassment order.

A. As used in this section:

"Copy" includes a facsimile copy.

"Law-enforcement officer" means (i) a person who is a full-time or part-time employee of a police department or sheriff's office that is a part of or administered by the Commonwealth or any of its political subdivisions and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic, or highway laws of the Commonwealth and (ii) a member of any auxiliary police force established pursuant to § 15.2-1731. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff's office.

"Physical presence" includes (i) intentionally maintaining direct visual contact with the petitioner or (ii) unreasonably being within 100 feet of the petitioner's residence or place of employment.

B. Any judge of a circuit court, general district court, or juvenile and domestic relations district court or magistrate may issue a written or oral ex-parte temporary anti-harassment order pursuant to this section in order to protect an individual from harassment.

C. When a law-enforcement officer or an alleged victim asserts under oath to a judge or magistrate that the alleged victim is being or has been subject to an act of harassment, and on that assertion or other evidence the judge or magistrate finds that there is probable likelihood of a further such act being committed by the respondent against the alleged victim, the judge or magistrate shall issue an ex-parte temporary anti-harassment order imposing one or more of the following conditions on the respondent:

1. Prohibiting acts of communication, intimidation, or physical presence resulting in harassment to the alleged victim;

2. Prohibiting such contacts by the respondent with the alleged victim or the alleged victim's family or household members, including prohibiting the respondent from being in the physical presence of the alleged victim or the alleged victim's family or household members, as the judge or magistrate deems necessary to protect the safety of such persons;

3. Such other conditions as the judge or magistrate deems necessary to prevent (i) acts of harassment that may result in injury to person or property or (ii) communication or other contact of any kind by the respondent; and

4. Granting the petitioner the possession of any companion animal as defined in § 3.2-6500 if such petitioner meets the definition of owner in § 3.2-6500.

D. A temporary anti-harassment order issued pursuant to this section shall expire at a hearing pursuant to § 19.2-152.20. Upon issuance of a temporary anti-harassment order, the court shall schedule a hearing pursuant to § 19.2-152.20. The respondent may, at any time, file a motion with the court requesting a hearing to dissolve or modify the order. The hearing on the motion shall be given precedence on the docket of the court.

E. A law-enforcement officer may request a temporary anti-harassment order pursuant to this section and, if the person in need of protection is physically or mentally incapable of filing a petition pursuant to § 19.2-152.20, may request an extension of a temporary anti-harassment order for an additional period of time not to exceed three days after expiration of the original order. The request for a temporary anti-harassment order or extension of an order may be made orally, in person, or by electronic means, and the judge of a circuit court, general district court, or juvenile and domestic relations district court or a magistrate may issue an oral temporary anti-harassment order. An oral temporary anti-harassment order issued pursuant to this section shall be reduced to writing, by the law-enforcement officer requesting the order or the magistrate, on a preprinted form approved and provided by the Supreme Court of Virginia. The completed form shall include a statement of the ground for the order asserted by the officer or the alleged victim of harassment.

F. The court or magistrate shall forthwith, but i