HB 1077

            
2020 SESSION


20106426D

HOUSE BILL NO. 1077

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the House Committee for Courts of Justice

on January 27, 2020)

(Patron Prior to Substitute--Delegate Simon)

A BILL to amend the Code of Virginia by adding a section numbered
16.1-279.2, relating to protective orders; minors; filing of petition.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section
numbered 16.1-279.2 as follows:

� 16.1-279.2. Protective orders; minor may petition.

Notwithstanding � 8.01-8 or any other provision of law, a
minor may petition for a protective order pursuant to this title or Chapter 9.1
(� 19.2-152.7:1 et seq.) of Title 19.2 (i) without doing so by next friend and
(ii) with or without the consent of a parent, legal guardian, or other person
standing in loco parentis to the minor and who has care and control of the
minor. If the court determines that the minor is mature enough and
well-informed enough to participate in the court proceedings on his own behalf,
the minor may do so. 

In any matter where a minor has petitioned for a protective
order (a) without doing so by next friend and (b) without the consent of a
parent, legal guardian, or other person standing in loco parentis to the minor
and who has care and control of the minor, the court may appoint a guardian ad
litem for the minor.