This story was reported and written by Radio IQ.
When victims of domestic violence, sexual assault or stalking want to get out of their rented house, the process can be exhausting and take years. An effort to quicken that process in Virginia was debated at the capitol Wednesday.
Loudoun County Senator and former sex crimes prosecutor Russet Perry said victims need more options when they share a lease with their abuser.
“When a warrant is issued for one of those offenses, sexual assault, domestic violence or stalking," Perry said. "To back it up in the process where people can actually terminate their leases instead of waiting years for a conviction or some final order of protection to be entered.”
Perry was presenting the bill ahead of the 2025 session at a meeting of the Virginia Housing Commission focused on Landlord/Tenant Law.
And while defense attorney, Southside Senator and commission member Bill Stanley said he was sympathetic to the issue, he feared the 48-hour window opened by seeking a protective order from a magistrate fails to meet due process requirements: A magistrate does not have all the powers of a judge, and if no conviction or final determination is reached, then Stanley worries the lease breaking law could be abused.
“We must be always vigilant to weed out those who seek to abuse the system and use it for ill in order to protect those who use it for good,” Stanley told Radio IQ.
Among suggestions from Stanley was narrowing the bill’s language to limit opportunities for abuse, or having a judge review the protective order shortly after its sought.
"It's a great bill and a great law we're trying to build on, but you do it by protecting the due process of those affected," he added.
Perry said the victims should be prioritized in any future effort.
“I’ve watched and experienced as it is incredibly difficult for victims to feel heard and have a place at the table,” she told Radio IQ. “I think this provides a place for them and a palace for them earlier at the table to be able to feel safe, to be safe.”
The Northern Virginia Apartment Association advocated to amend protective order lease breaking protections during the 2024 session. In a statement they said they were sensitive to the issue and open to further amendments in the 2025 session, but they want legislation that requires review by a judge.
