Violating A Protective Order In Virginia

Protective orders are issued by Virginia courts to protect the abused from the abuser.  Violating a protective order in Virginia is harshly punished and strictly enforced. Call our attorneys to discuss.

read important information related to how judges rule on protective order cases:

Different Kinds of Protective Orders

There are three kinds of protective orders in Virginia. 

Emergency protective orders are the shortest-lived of the three, and they only last for 3 days. 

Emergency protective orders do the least, but they still prohibit contact between the abuser and the victim. 

Additionally, they give the shared residence to the party that asked for the order.

Next, there are preliminary protective orders.  These orders are similar to emergency orders, but they last for 15 days. 

Preliminary hearings come before a hearing and end with the hearing.  In addition to what emergency protective orders can do, preliminary protective orders make the respondent pay for utilities and housing for the abused party.

Lastly, the permanent protective order lasts much longer than either of the other two orders. 

Permanent protective orders are like preliminary protective orders, but they last for up to two years.  People who are subject to a permanent protective order for family abuse are barred entirely from owning a firearm. 

This is a major implication of your rights, and why you should seek legal aid when dealing with protective orders.

Violating a protective order in Virginia would mean violating the terms of any of these kinds of orders from a court. 

Virginia also respects protective orders from other states, which means violating a protective order in Virginia might mean violating a protective order from another state.

Penalties for Violating a Protective Order in Virginia

Violating a protective order in Virginia is a class 1 misdemeanor under §18.2-60.4. 

The maximum penalty for a class 1 penalty is a year in prison and up to $2,500 in fines. 

Violation of a protective order when in possession of a firearm is a class 6 felony. 

Similarly, an assault and battery by the party named in the order against a protected party is a class 6 felony. 

Class 6 felonies can be punished with 1 to 10 years in jail and up to $2,500 in fines.  If you are charged with violating a protective order in Virginia, call American Lawyers Group.

Repeatedly violating a protective order in Virginia has drastic consequences.  A second violation of a protective order in Virginia carries at least 60 days in jail automatically. 

A third violation in a 20-year span will land you in jail for at least 6 months.

Defenses to Violating a Protective Order in Virginia

Like any crime, the government has to prove that you violated a protective order beyond a reasonable doubt. 

Firstly, there must be a protective order.  Additionally, you have to have been notified that the order against you existed. 

Courts will not expect you to follow an order that they or the other party never made known to you and that you never knew existed. 

If you never received notice of an order, that would be tremendous for your case. 

If you have questions about the notice, call the attorneys at American Lawyers Group.

Additionally, the terms of the order are important.  The terms must be narrowly crafted. 

If you are given a protective order that is excessively vague, you will be able to fight it and could come out on top in court.  

Lastly, the actual facts of your case matter.  Sometimes people ask for protective orders on false grounds. 

Usually, this will be stopped early in the process.  But, that means you need a lawyer early in the protective process who can stand up and speak on your behalf.

Why You Need Violating A Protective Order In Virginia?

Protective orders are powerful examples of the courts of the equitable power wield and exercise. 

If you are charged with violating a protective order in Virginia, you face up to 10 years in jail and thousands of dollars in fines. 

On top of that, there are often court fees and other expenses that can gouge defendants. 

Additionally, a conviction for some violations of protective orders can implicate your rights. 

Felony convictions affect your rights to vote and own a firearm and more. 

If you are facing a charge of violating a protective order in Virginia, call the attorneys at American Lawyers Group. 

They can speak out for your rights and help you fight charges levied against you.