There is no formal appeal process for a No Contact Directive; however, an individual seeking modification or rescission of a No Contact Directive may make such a request to the Title IX Coordinator. Emergency protective orders authorized in certain cases; penalty. Often, a protective order requires the person to move out of their home. For example, a lot of domestic violence charges occur in a persons home and if an individual is under a protective order, that protective order may say that person is barred from the house and he or she may have evidence in the house that can affect the case that he or she does not have access to and even if that person can get into the house and maybe can make arrangements to get to the house later when the complaining witness is not there, the evidence might be gone. Close. Emergency protective orders authorized in certain cases; penalty. Protective Orders in Virginia come in three types. Code Section 16.1-279 et seq. A protective order issued under this section may include any one or more of the following conditions to be imposed on the respondent: 1. Either Complainant or Respondent may request a No Contact Directive following a report of Prohibited Conduct under the Sexual Misconduct Policy. If these forms are provided to a law-enforcement officer, the officer may provide these forms to the protected person when giving the emergency protective order to the protected person. If a judge issues one of these orders against you, a knowledgeable attorney can help you navigate its conditions. Either party can make a motion but usually, it is the party who requests the protective order. The hearing on the motion shall be given precedence on the docket of the court. No plan survives contact with the enemy. If you have a question that is not answered on this page, please contact the Title IX Coordinator or Deputy Title IX Coordinator. The Virginia Law website data is available via a web service. When a law-enforcement officer or an allegedly abused person asserts under oath to a judge or magistrate, and on that assertion or other evidence the judge or magistrate (i) finds that a warrant for a violation of 18.2-57.2 has been issued or issues a warrant for violation of 18.2-57.2 and finds that there is probable danger of further acts of family abuse against a family or household member by the respondent or (ii) finds that reasonable grounds exist to believe that the respondent has committed family abuse and there is probable danger of a further such offense against a family or household member by the respondent, the judge or magistrate shall issue an ex parte emergency protective order, except if the respondent is a minor, an emergency protective order shall not be required, imposing one or more of the following conditions on the respondent: 1. Jessica Zimmer is a journalist and attorney based in northern California. It is another potential pot hole that he or she can get in trouble if that person violates the terms of the protective order. Where practical, the court may transfer information electronically to the Virginia Criminal Information Network. It is the speed and breadth of these Orders that have made them the opening move in a majority of family law cases. A threat of any illegal or immoral act. Whether either party has made a good faith request for a No Contact Directive. Being released pending trial for a domestic violence case can allow an alleged offender to continue their daily responsibilities and routine. Only a judge can issue a PO. Individuals who feel unsafe and wish to have no contact with another party off Grounds, but who are not in immediate danger, are strongly encouraged to contact local law enforcement about options, such as obtaining a Protective Order or other safety planning. Contact the Title IX Coordinator at (434) 297-7988 or titleixcoordinator@virginia.edu. The Title IX Coordinator will consider all facts and circumstances that may be relevant to whether a No Contact Directive should be issued, including, but not limited to, the following factors: Whether the alleged prohibited conduct indicates and act of physical violence or threatened act of physical violence. By: Jessica Zimmer. Protective Orders in Virginia come in three types. A protective order is an order that essentially says that an individual is not to have any contact with another person. Contact includes, but is not limited to, in-person contact, telephone calls, email, texts and other forms of electronic communication, social media-based messages or postings, and third-party communications including communication through the use of proxies. For more information, please see our A no-contact order in the context of a bond means that the accused cannot engage in any impermissible form of contact with the alleged victim while awaiting trial. Your email address will not be published. To apply for a non-contact order in Virginia, you must go to your local court of first instance to apply for an emergency protection order. No contact of any kind between the parties; No hostile contact between the parties; Limited contact between the parties, but only for certain purposes (child exchange, necessary finances, etc.) Any contact by electronic means (e.g., telephone, text email, social media) violates a No Contact Directive regardless of where the individual was physically located when the party sent the message or where the other party was physically located when the message was received. 507, 810, 818; 2003, c. 730; 2008, cc. "Protective order" includes an initial, modified or extended protective order. A court may implement these punishments even if the protected party chooses to contact the accused in violation of the order. Where Prohibited Conduct is reported to the Police, it may be possible to obtain a court-ordered Emergency or Preliminary Protective Order. I have a friend in Virginia who claims that a judge substituted a 'no hostile contact' order for an order of protection against her estranged husband. Whether there is a substantial, objective risk of emotional harm to either of the parties based on the continued contact. What should I do if I can prove that there is a risk to myself or another person? VIRGINIA COURT SYSTEM -DISTRICT COURT PROTECTIVE ORDER INFORMATION SHEET 07/12 What You Need to Know About Protective Orders What are Protective Orders? In order to ensure that all the necessary terms of the protective order are met, itcan be helpful to consult with an experienced attorney who can walk you through the various requirements of your no-contact order and help make sure a violation does not unintentionally take place. Copyright Commonwealth of Virginia, document.write(new Date().getFullYear()). We do not warrant the accuracy or completeness of any information on this site. You can ask for it if you have suffered violence or if you can prove that there is a risk. If a judge has issued a no-contact order against you, contact an attorney to learn more about no-contact orders in Prince William County. The victim does not have to press criminal charges to seek a protective order. Alternatively, following a hearing and a violation finding, a Decision Maker may impose more restrictions on a Respondent's activities to ensure a hostile-free living, learning, and working environment for a complainant or the community. When can I apply for an interim injunction? A protective order is issued after the full hearing and may last up to two years. They should also request the protective order from this court if the petitioner, the person requesting the protective order, or the respondent, the person committing acts of violence or threatening behavior, is under 18. When the person arrested is brought before the Magistrate, Virginia Code 18.2-57.2 requires the Magistrate to issue an Emergency Protective Order (EPO). If the alleged victim comes in and shows that they have been subjected to violence or a threat and the magistrate or a judge believes there is a possibility, a real possibility, that there could be further violence done to this person, then the judge can issue a restraining order. I, c. 489. Prior to imposing any restrictions, the University looks to modify course schedules. Copyright Virginia Criminal Lawyer 2023. . 4. Any other relief necessary to prevent (i) acts of violence, force, or threat, (ii) criminal offenses that may result in injury to person or property, or (iii) communication or other contact of any kind by the respondent; and. There could be no hostile contact, meaning either no fights, no arguments, or anything to an outright ban of all contact. NCDs are issued to avoid an ongoing hostile environment, enhance your safety, and prevent retaliation. when can I see them? Frequently Asked Questions: What is a Dismissal? Off-Grounds resourcescan assist you in filing as well. Learn more about NCDs and protective orders on UVA's EOCR website. Either the judge or the magistrate issue Virginia Beach protective orders. However, to change or extend the order, it has to go in front of a judge. off Grounds. Report an Incident. Prohibiting such contacts by the respondent with the petitioner or family or household members of the petitioner as the court deems necessary for the health or safety of such persons; 3. I. This section has more than one version with varying effective dates. 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. L. Upon issuance of a protective order, the clerk of the court shall make available to the petitioner information that is published by the Department of Criminal Justice Services for victims of domestic violence or for petitioners in protective order cases. A No Contact Directive is usually issued between two students, mutually directing them not to have contact with one another. Therefore, an accused cannot manipulate the conditions of the order by having a third party contact the alleged victim on the accuseds behalf. Home; . Who do I contact if I believe that a Title IX No Contact Directive has been violated? The original copy shall be filed with the clerk of the juvenile and domestic relations district court within five business days of the issuance of the order. However, Virginia Beach protective orders can vary. You will only become aware when you are served with the orders themselves, with notice of the next hearing date. K. No fee shall be charged for filing or serving any petition or order pursuant to this section. EPOs last for 72 hours and cannot end on a weekend or holiday. M. An appeal of a protective order issued pursuant to this section shall be given expedited review by the Court of Appeals. I. The Code of Virginia, Constitution of Virginia, Charters, Authorities, Compacts and Uncodified Acts are now available in both EPub and MOBI eBook formats. It is of paramount importance that if you are served with a Protective Order, that you seek legal advice as soon as possible. One copy of the order shall be given to the allegedly abused person when it is issued, and one copy shall be filed with the written report required by subsection D of 19.2-81.3. Posted by 6 minutes ago. 341, 732; 2010, cc. It means that it is possible for one party to go before a judge, make allegations and receive an order that gives them the house, the children and support before you are ever aware of anything going on! 4. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. There can be a no contact provision in a protective order. No-contact orders in Prince William County can forbid all forms of contact with the alleged victim, or it may prohibit certain kinds of contact such as physical contact or electronic communications. Retaliation includes threatening, intimidating, harassing, coercing, or any other conduct that would discourage a reasonable persona from engaging in activity protected under the Sexual Misconduct Policy. Juvenile and Domestic Relations District Courts Article 4. However, you should not send us any confidential information until we agree that there is an attorney-client relationship between us. If you suffer physical aggression, go to a health center to verify the injury and request a copy of a certificate. The Title IX Coordinator will consult with both parties to gather information pertaining to rescinding or modifying the No Contact Directive before determining whether to modify or rescind the No Contact Directive. Free Case Evaluation (703) 988-6756. 569, 684; 1999, c. 371; 2002, cc. F. The court may assess costs and attorneys' fees against either party regardless of whether an order of protection has been issued as a result of a full hearing. It can be a real problem. Under Virginia law, the term no contact order refers to an order issued by the criminal court in a criminal case. Your Data is confidential and secured with us! The court may issue a protective order pursuant to this chapter to protect the health and safety of the petitioner and family or household members of a petitioner upon (i) the issuance of a petition or warrant for, or a conviction of, any criminal offense resulting from the . J. VA -Pls define "no hostile contact" vs "no contact" on Protctv order; +.can judg order adults to refrain sharing details w/minor I currently have a petition for a preliminary protective order against my estranged spouse (we have been separated 2.5+yrs but sharing the same residence due to the economy and financial limitations). G. Any judgment, order or decree, whether permanent or temporary, issued by a court of appropriate jurisdiction in another state, the United States or any of its territories, possessions or Commonwealths, the District of Columbia or by any tribal court of appropriate jurisdiction for the purpose of preventing violent or threatening acts or harassment against or contact or communication with or physical proximity to another person, including any of the conditions specified in subsection A, shall be accorded full faith and credit and enforced in the Commonwealth as if it were an order of the Commonwealth, provided reasonable notice and opportunity to be heard were given by the issuing jurisdiction to the person against whom the order is sought to be enforced sufficient to protect such person's due process rights and consistent with federal law. 16.1-253.4. The University does not enforce No Contact Directives on non-University property, i.e. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court. Home Virginia Domestic Violence Lawyer Virginia Protective Orders No-Contact Orders in Virginia. They have to move the court and then if the person can show good cause or why they should change it, either they change the terms of it or drop the protective order entirely and the judge will do it. A judge also might impose a curfew by which someone is to leave and return to a specified address each day or place the person under pretrial supervision. If an ex parte hearing is held, it shall be heard by the court as soon as practicable. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. Yes. No contact orders can also be a condition of probation. of Title 52 and the order shall be served forthwith on the respondent. As noted above, in the latter situation, even when there is no longer an official No Contact Directive, both parties are protected from retaliation or intimidation, as defined above and under the Sexual Misconduct Policy, on or off Grounds. These Protective Orders may be issued if the judge or magistrate believes that there is an immediate threat to health or safety. Avvo has 97% of all lawyers in the US. A PO also prohibits the respondent from contacting the petitioner. Usually, that also applies to having third parties relay a message for the person. The mandatory minimum term of confinement will be served consecutively with any other sentence. The extension of the protective order shall expire at 11:59 p.m. on the last day specified, if any. All rights reserved. Once the accused is served with that protective order, a full hearing is set under a protective order. B. For more information see http://vscc.virginia.gov/protective-orders-virginia-guide-victims-english.pdf. Frequently Asked Questions: Virtual Review Panel Hearings/Meetings, http://vscc.virginia.gov/protective-orders-virginia-guide-victims-english.pdf. No. A PPO prohibits a respondent from contacting a petitioner. A hearing must be scheduled within 30 days of a request for a permanent protection order. Do You Need a Lawyer for a Speeding Ticket in Virginia, Carnal Knowledge of a Child Defense Lawyer in Virginia. Vote. Any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte emergency protective order pursuant to this section in order to protect the health or safety of any person. The Code of Virginia, Constitution of Virginia, Charters, Authorities, Compacts and Uncodified Acts are now available in both EPub and MOBI eBook formats. You need to know that this is unique in that it ensures that you are arrested by your abuser or stalker. 346, 779, 797; 2016, c. 455; 2018, c. 652. You can report this to your local police station or the National Crime Agency (NCA) or the Ministry of Justice. H. Either party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order. 137, 1005; 2021, Sp. A victim should request a protective order from the Juvenile and Domestic Relations District Court in Virginia when the abuser is a family or household member. It isanother potentialroadblock thatcan trip up an individual. If you are served with a protective order, please take the matter seriously and seek counsel as soon as possible. An Emergency Protective Order, a Preliminary Protective Order, and a full Protective Order. NCDs are issued to avoid an ongoing hostile environment, enhance your safety, and prevent retaliation. If the judge determines that such an order is necessary, the defendant shall be prohibited from approaching you or contacting you in any way for two years. Retaliation does not include good faith actions lawfully pursued in response to a report of Prohibited Conduct. email. Virginia Beach protective orders can impact an ongoing criminal case by adding yet another charge. An Emergency Protective Order, a Preliminary Protective Order, and a full Protective Order. There is a presumption in the Children Act 1989 that, unless the contrary is shown, that the involvement of both parents in a child's . If the defendant violates the order, the court can issue a warrant for their arrest. Whether the alleged prohibited conduct indicates any threat to the safety, healthy, or property of an individual or harassment or intimidation of either of the parties. If such restrictions are deemed necessary, the No Contact Directive will clearly outline such restrictions. 152, 261; 2014, c. 346; 2018, c. 652; 2020, cc. According to the Code of Virginia 18.2-152.7:1., computer harassment constitutes any communication addressed to a person via a computer or computer network, with intent to harass, annoy, or intimidate, and that conveys: Obscene, lewd, or lascivious language. A second conviction for violating a protective order within five years of the prior conviction, and when the instant or prior offense was based on an act or threat of violence, carries a mandatory minimum term of incarceration of 60 days. Also, in all cases, a judge can prohibit possession of a companion animal by another person if the petitioner owns the animal. Sometimes that can mean not only that the person cannot have contact with their significant other, but it may also mean that they are not able to return to their residence. 445, 480; 2012, cc. In most cases, bond will be revoked and the accused will be incarcerated until the trial goes to court. A. off Grounds. Required fields are marked *, Select CategoryTraffic LawsCriminal Defense LawsDivorce LawsChild Custody LawsPersonal Injury Laws. The completed form shall include a statement of the grounds for the order asserted by the officer or the allegedly abused person. It generally does not restrict an individual's movement around Grounds or prevent the individual from being in the same University building or space as the other party. Content, including images, displayed on this website is protected by copyright laws. The only kind of party that can communicate with a holder of a protective order is the defendants attorney, and this can only be done for limited periods of time and purposes related to the actual case. Prohibiting acts of violence, force, or threat or criminal offenses that may result in injury to person or property; 2. But I can tell you that you can't have the legal system micromanage your relationships. The order means the defendant in the case is not allowed to have direct or indirect contact with the alleged victim. They cannot possess a firearm when they are under a protective order so that person has to give up their guns and that person cannot purchase any gun while that is in effect. If the abuser is not a family or household member, the petitioner should make their request for a protective order through the General District Court. A law enforcement officer or a victim can petition for an EPO. A No Contact Order is often issued by a judge in . Contact UPD at (434) 924-7176. Retaliation against a student off Grounds because such student reported Prohibited Conduct or participated in an investigation is not tolerated and should be immediately reported to the Title IX Coordinator at (434) 297-7988 or titleixcoordinator@virginia.edu. IF YOU BELIEVE YOU ARE IN IMMEDIATE DANGER ON OR OFF GROUNDS, CALL 911. Upon such a filing, the clerk shall forthwith forward an attested copy of the order to the primary law-enforcement agency responsible for service and entry of protective orders which shall, upon receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 ( 52-12 et seq.) and our For Free Consultation Call (757) 644-4573 Available 24/7 If there are past children involved, that person has to make arrangements for another party to handle custody matters, pick-ups, and drop-offs. A PPO lasts for 15 days or until the court holds a full hearing. An EPO can have a variety of terms ranging from "no hostile contact" to awarding the home to one of the parties. On occasion, the court permits specified third-party intermediary contact between the accused and the alleged victim over necessary issues such as retrieval of joint property or supervision of shared children. When the judge or magistrate considers the issuance of an emergency protective order pursuant to clause (i), he shall presume that there is probable danger of further acts of family abuse against a family or household member by the respondent unless the presumption is rebutted by the allegedly abused person. The order means the defendant in the case is not allowed to have direct or indirect contact with the alleged victim. Your receipt of it does not create an attorney-client relationship between us. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 ( 52-12 et seq.) In addition, there are pretrial services which a court may order an individual to comply with, which is essentially a type of probation where the person has to check in with apretrial services officer or may have to submit to random urine screens to make sure that they are drug free, as well as following the other conditions that pretrial services. The Virginia Law website data is available via a web service. Under Virginia law, the term "no contact order" refers to an order issued by the criminal court in a criminal case. A lawyer experienced with Virginia Beach protective orders can help one through the process if granted a protective order. D. A law-enforcement officer may request an emergency protective order pursuant to this section and, if the person in need of protection is physically or mentally incapable of filing a petition pursuant to 16.1-253.1 or 16.1-279.1, may request the extension of an emergency protective order for an additional period of time not to exceed three days after expiration of the original order. It applied to slaves in the states still in rebellion in 1863 during the American Civil War.It did not actually immediately free all slaves in those states, because those areas were still controlled by the Confederacy.It did, however, free at least 20,000 slaves immediately, and Marine Corps Personnel A survey of Brig. I don't mean to guilt you into a particular course of action - you have to decide for yourself what is right. A standard condition of any bond is that the accused cannot commit further violations of the law while released, and cannot leave the state until the case is over. Notice of Non-Discrimination and Equal Opportunity | Report a Barrier | Privacy Policy, 2023 By the Rector and Visitors of the University of Virginia, No Contact Directives and Protective Orders, Notice of Non-Discrimination and Equal Opportunity. Additionally, you have the option of filing for a protective order (commonly referred to as a restraining order) through the civil court system. An Emergency Protective Order is in effect upon service and lasts roughly 48 to 72 hours. If they violate thetermsof the protective order, itcan cause additional problems and be a hindrancetowards any certainresolution. It is important that you DO NOT enlist your friends to enforce a No Contact Directive. . In cases of family abuse, a judge can require a respondent to participate in treatment, counseling or other programs required by the court. To make this determination, the court contemplates that there may be some form of incidental contact when both parties are present for court. The great mistake here is that most citizens think protective order hearings are just about, being around each other. The Orders are extremely powerful (violations of protective orders are treated quite harshly by the Court) and address almost every issue of a divorce or custody action (who gets the house? It is important to refrain from contacting the other person for two main reasons: when violating the contact order, the person may find themselves in contempt of court with the persons bond revoked. A. If you are interested in an NCD, contact theTitle IX Coordinator. A law-enforcement officer may, in the performance of his duties, rely upon a copy of a foreign protective order or other suitable evidence which has been provided to him by any source and may also rely upon the statement of any person protected by the order that the order remains in effect. M. Upon issuance of an emergency protective order, the clerk of court shall make available to the petitioner information that is published by the Department of Criminal Justice Services for victims of domestic violence or for petitioners in protective order cases. It also includes indirect contact, so that means thatit is actually a violation of the no-contact order for the accused to tell a friend to give the victim a message or a family member to give the victim a message. The University does not enforce No Contact Directives on non-University property, i.e. It can be a hindrance towards any certain resolution. A protective order will not take effect until the respondent has been personally served with the order. Report an Incident. Virginia Attorney General Jason Miyares says at least 13 high schools failed to let students know they won merit awards, causing them to miss out on scholarships. Legal information on this web site has been prepared by The Law Office of Patrick J Sullivan, PLC, only for general information purposes. . Protective order. No. The three types of protective orders are: emergency protective order (EPO), preliminary protective order (PPO) and protective order (PO). If you have been granted a Virginia Beach protective order, contacting a domestic violence defense lawyer experienced with these cases is your best course of action moving forward. A weekend or holiday respondent has been personally served with the orders,... Appeal of a Child Defense Lawyer in Virginia, Carnal Knowledge of a request for a violence! Po also prohibits the respondent has been violated, modified or extended protective.! A journalist and attorney based in northern California problems and be a hindrance any..., the University does not enforce No contact Directive has been violated in violation of the next hearing.... Statement of the grounds for the person to move out of their home environment, your! Outline such restrictions are deemed necessary, the court requesting a hearing must be scheduled within 30 days of companion...: Virtual review Panel Hearings/Meetings, http: //vscc.virginia.gov/protective-orders-virginia-guide-victims-english.pdf by adding yet another charge written! Sheet 07/12 What you Need a Lawyer for a permanent protection order the us issued after the full is. Goes to court a request for a permanent protection order ongoing criminal case document.write ( new Date ). Judge issues one of these orders against you, contact an attorney to learn more about ncds and orders. 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But I can tell you that you do not warrant the accuracy or completeness of companion..., including images, displayed on this website is protected by copyright Laws no hostile contact order virginia information electronically the. The defendant violates the order has made a good faith request for a Speeding Ticket in Virginia punishments even the. Possible to obtain a court-ordered Emergency or Preliminary protective order shall expire at 11:59 on! Students, mutually directing them not to have direct or indirect contact with the alleged victim impact an hostile! The accuracy or completeness of any information on this site anything to an order that essentially that!, document.write ( new Date ( ) ) being around each other contact Directive following a report of Prohibited under... Course schedules make this determination, the court may implement these punishments even if the protected chooses. Are marked *, Select CategoryTraffic LawsCriminal Defense LawsDivorce LawsChild Custody LawsPersonal injury Laws another person if the violates... May result in injury to person or property ; 2 you navigate its conditions or if you a..., No arguments, or threat or criminal offenses that may result injury. Lasts roughly 48 to 72 hours great mistake here is that most citizens think order... That essentially says that an individual is not to have contact with the court as as. % of all contact -DISTRICT court protective order think protective order information to... Any petition or no hostile contact order virginia pursuant to this section has more than one version with varying effective dates DANGER on OFF... Unique in that it ensures that you can & # x27 ; t have the SYSTEM... Party who requests the protective order hearings are just about, being around each other either the! An individual is not allowed to have direct or indirect contact with one another as possible dates. 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Says that an individual is not allowed to have contact with the orders themselves, with notice of the order... Meets the definition of owner in 3.2-6500 grounds, CALL 911 be some form of contact. You Need to Know that this is unique in that it ensures that you legal. Full protective order Lawyer experienced with Virginia Beach protective orders authorized in certain cases penalty! To press criminal charges to seek a protective order petitioner the possession of a request for a Ticket! A majority of family law cases with the alleged victim for a permanent protection order seek counsel as soon possible! Students, mutually directing them not to have contact with one another accused violation! Breadth of these orders against you, contact an attorney to learn more about no-contact orders in Prince County..., all Rights Reserved the Sexual Misconduct Policy 07/12 What you Need to Know about protective orders in! Make a motion but usually, it shall be charged for filing serving! Contact with another person p.m. on the respondent from contacting a petitioner the form! Aware when you are served with the alleged victim 507, 810, 818 ; 2003, c. ;. Modified or extended protective order shall be given precedence on the docket of protective.
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