Family Abuse Protection Orders in Virginia
| Tracking # |
24-1249 |
| Submitted | Feb. 9, 2024 |
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Communications
From: Mackey O'Keefe
To Whom It May Concern:
Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:
Records containing data on Family Abuse Protection Orders in Virginia, including the information listed below, from January 1, 2019 to December 31, 2023, broken down by year and county, ideally at an individual case level.
1. The total number of petitions for protective orders in cases of family abuse (FAPOs)
2. The total number of FAPOs granted, broken down by preliminary, emergency, and final orders
3. The total number of FAPOs denied, broken down by preliminary, emergency, and final orders
4. The total number of FAPOs that prohibit respondents from possessing firearms, broken down by preliminary, emergency, and final orders
5. The total number of FAPOs that require relinquishment of firearms, broken down by preliminary, emergency, and final orders
6. The total number of FAPOs where firearms were relinquished, sold, or transferred
7. The total number of FAPOs where no firearms were relinquished due to the respondent stating they don’t have any
8. The total number of FAPOs where firearms were ordered to be relinquished but respondent failed to file the Firearm Certification
9. The total number of firearms returned after the expiration of the order
10. The total number of firearms that were not returned after the expiration of the order because the respondent was prohibited from firearm possession
I greatly appreciate any help you can provide.
At a minimum, I am looking for the number of orders granted and how many required relinquishment of firearms, irrespective of whether you have or are able to share any of the other requested information.
If there is any information listed above that you do collect and can share, I will take whatever you are able to provide.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Tom Nash, a citizen of Virginia, in coordination with Mackey O'Keefe.
From: Virginia State Police
Virginia State Police
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Your record request #24-1249 has been submitted successfully.
Thank you for your request to the Virginia Department of State Police. The Department will work to process your request and make a response to you according to the nature of the request. If you would like a cost estimate please let us know immediately when you receive this message. PLEASE NOTE: You must be logged into NextRequest PRIOR to viewing all future emails that contain messages with instruction.
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* February 19: Presidents' Day
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From: Virginia State Police
Virginia State Police
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A message was sent to you regarding record request #24-1249:
Due to the volume of requests and manpower constraints, it is not practical for the agency to respond in the 5 days permitted under Virginia Freedom of Information Act. You are hereby notified that, pursuant to § 2.2-3704(B)(4), the agency is entitled to, and here by asserts its right to claim, seven work days in addition to the five provided for in § 2.2-3704(B) in which to provide one of the responses set forth in § 2.2-3704.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Virginia State Police.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
From: Virginia State Police
Virginia State Police
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Record request #24-1249 has been closed. The closure reason supplied was:
Mr. Nash,
The questions from your request, and the Virginia State Police responses, are listed below.
1. The total number of petitions for protective orders in cases of family abuse (FAPOs)
VSP is not the record holder of these records. Please contact the individual courts for a response to this question.
Petitions for protection orders are submitted to a Magistrate, Court, or Commonwealth Attorney’s Office.
2. The total number of FAPOs granted, broken down by preliminary, emergency, and final orders
The Virginia Criminal Information Network (VCIN) is the holder of this information. VCIN information is exempt under FOIA.
3. The total number of FAPOs denied, broken down by preliminary, emergency, and final orders
See answer to #1
4. The total number of FAPOs that prohibit respondents from possessing firearms, broken down by preliminary, emergency, and final orders
See answer to #2
All Protection Orders under §18.2-308.1:4 are firearms prohibitors.
5. The total number of FAPOs that require relinquishment of firearms, broken down by preliminary, emergency, and final orders
See answer to #2
All Protection Orders under §18.2-308.1:4 are firearms prohibitors.
6. The total number of FAPOs where firearms were relinquished, sold, or transferred
Local law enforcement is primarily responsible for serving Protection Orders on Respondents. They are also responsible for taking into custody any firearms the subject may have in their possession. The VSP is not advised by the local jurisdiction if a firearm was relinquished, nor has not been relinquished.
7. The total number of FAPOs where no firearms were relinquished due to the respondent stating they don’t have any
See answer to #6
8. The total number of FAPOs where firearms were ordered to be relinquished but respondent failed to file the Firearm Certification
See answer to #6
9. The total number of firearms returned after the expiration of the order
See answer to #6
10. The total number of firearms that were not returned after the expiration of the order because the respondent was prohibited from firearm possession
See answer to #6
This request is now closed.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Virginia State Police.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
From: Virginia State Police
Virginia State Police
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An invoice has been created for record request #24-1249.
Please find the enclosed information in response to your request. The cost of reproducing these documents is as follows:
Personnel Costs $ 35.33
Total $ 35.33
To pay this invoice electronically (credit, debit or electronic check):
Click here to pay by Credit Card
(Please note that the payment link will direct you to a payment processing website controlled by the Commonwealth of Virginia)
If you choose to not pay electronically, please forward your check or money order, payable to the Virginia Department of State Police, in the amount shown above. Include the request number on your check. Mail to: Department of Virginia State Police, ATTN: Property & Finance, Post Office Box 27472, Richmond, VA 23261.
Pursuant to Virginia Code §2.2-4805, any returned or dishonored checks, cashier’s checks or money orders and any dishonored credit or debit card payments shall incur a handling fee of $50.00 to be added to the principle account balance.
VSP Tax ID: 54-6001733
A NATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY TDD 1-800-553-3144
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Virginia State Police.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
From: Mackey O'Keefe
Hello,
Thank you for your response.
From each of your detailed responses it appears that you do no have any of the data I requested. Is this correct?
Relatedly, please explain what what documents you are referring to when you write that the "cost of reproducing these documents is as follows."
Are there documents you are producing? If so, where can they be found and what information do they contain?
Thank you,
From: Virginia State Police
Virginia State Police
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A message was sent to you regarding record request #24-1249:
Mr. Nash,
What you are paying for is the staff time involved in researching and responding to your requests. In this case, and most cases, we use the lowest hourly rate in our shop. This invoice is actually lower than the actual cost.
This request is closed.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Virginia State Police.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
From: Mackey O'Keefe
So, to be clear. You were unable to find any of the requested records?
If my understanding is not correct, please direct me to those records.
Thank you for your time,
From: Virginia State Police
Virginia State Police
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A message was sent to you regarding record request #24-1249:
Mr. Nash,
The questions from your request, and the Virginia State Police responses, are listed below.
1. The total number of petitions for protective orders in cases of family abuse (FAPOs)
VSP is not the record holder of these records. Please contact the individual courts for a response to this question.
Petitions for protection orders are submitted to a Magistrate, Court, or Commonwealth Attorney’s Office.
2. The total number of FAPOs granted, broken down by preliminary, emergency, and final orders
The Virginia Criminal Information Network (VCIN) is the holder of this information. VCIN information is exempt under FOIA.
3. The total number of FAPOs denied, broken down by preliminary, emergency, and final orders
See answer to #1
4. The total number of FAPOs that prohibit respondents from possessing firearms, broken down by preliminary, emergency, and final orders
See answer to #2
All Protection Orders under §18.2-308.1:4 are firearms prohibitors.
5. The total number of FAPOs that require relinquishment of firearms, broken down by preliminary, emergency, and final orders
See answer to #2
All Protection Orders under §18.2-308.1:4 are firearms prohibitors.
6. The total number of FAPOs where firearms were relinquished, sold, or transferred
Local law enforcement is primarily responsible for serving Protection Orders on Respondents. They are also responsible for taking into custody any firearms the subject may have in their possession. The VSP is not advised by the local jurisdiction if a firearm was relinquished, nor has not been relinquished.
7. The total number of FAPOs where no firearms were relinquished due to the respondent stating they don’t have any
See answer to #6
8. The total number of FAPOs where firearms were ordered to be relinquished but respondent failed to file the Firearm Certification
See answer to #6
9. The total number of firearms returned after the expiration of the order
See answer to #6
10. The total number of firearms that were not returned after the expiration of the order because the respondent was prohibited from firearm possession
See answer to #6
This request is now closed.
.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Virginia State Police.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
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