July 1 marks the date that the changes to the Code of Virginia take effect. Three important changes will affect Virginia families.
First, there is a new paragraph H to Va. Code 20-108.1. This new provision authorizes the court to order a party to submit to a vocational evaluation. In times past, a party could seek to evade a vocational assessment by refusing to voluntarily meet with the vocational expert. A party’s attorney could further seek to impede the process by trying to keep the expert from attending the deposition that then became necessary to obtain the information needed for the assessment.
The new provision not only permits the court to order an interview between the party and the vocational expert, but also authorizes the expert to attend the deposition.
Another important provision allows the court to award costs and fees for the assessment.
Second, attorney issued subpoenas may now be issued for matters concerning protective orders. Several years ago, the Code was amended to permit attorneys to issue subpoenas for witnesses and documents. Prior to the change, one had to apply to the court and the court issued the subpoenas. This process could take several days.
Preliminary protective orders may be issued upon request of just one party. However, a full hearing must then occur within 15 days.
The Code previously did not authorize attorneys to issue subpoenas for protective orders. Oddly, an instance where time is of the essence and a subpoena most needed was specifically prohibited.
Attorneys can now issue subpoenas for protective order hearings.
Third, protective orders are limited to two years duration. However, Va. Code section 16.1-279.1 now allows for protective orders to be extended in additional two year increments upon petition.
