Violation of a Protective Order
Being accused of violating a protective order in Virginia is a serious matter that can lead to criminal charges, jail time, and additional court-imposed restrictions. Protective orders are commonly issued in domestic violence cases but may also apply in other situations. Importantly, even if the protected party initiates contact, you can still face legal consequences for any alleged violation. At the Asbury Law Firm, we are committed to helping individuals fight these charges and protect their rights at every stage of the legal process.
Types of Protective Orders in Virginia
1. Emergency Protective Order (EPO):
Emergency protective orders provide immediate, temporary protection and are typically issued by police in domestic violence cases. These orders last for 72 hours.
2. Preliminary Protective Order:
A preliminary protective order is requested directly by a person through the court and remains in effect for up to 15 days. Like an emergency protective order, it must be served to take effect. At the end of the 15-day period, a hearing is held to determine whether the order should be extended into a full protective order.
3. Full Protective Order:
Full protective orders can last up to two years and require a full court hearing where both parties have the opportunity to present evidence. These orders provide the most comprehensive level of protection.
What Constitutes a Violation of a Protective Order in Virginia?
Under Virginia Code § 16.1-253.4, a person violates a protective order when they knowingly disobey the terms set by the court. Violations can encompass a wide range of actions, depending on the specific conditions outlined in the order. Common examples include:
Contacting the protected person via phone, text, email, or social media.
Visiting the protected person’s home, workplace, or school.
Committing or threatening an act of violence.
Failing to leave a shared residence when ordered to do so.
Attempting to send messages through third parties.
Protective orders become enforceable as soon as they are served. Even brief or seemingly harmless contact can result in criminal charges.
Penalties for Violating a Protective Order
Class 1 Misdemeanor:
A first-time violation is typically classified as a Class 1 misdemeanor, punishable by up to one year in jail and a fine of up to $2,500.Class 6 Felony:
Violations may escalate to a Class 6 felony if they involve violence or if the violation is a second offense within five years.
Why Work with a Criminal Defense Lawyer?
Protective order violations are often prosecuted aggressively, particularly in domestic violence cases. Even minor or technical violations can result in jail time, probation, and long-term consequences. A criminal defense lawyer can provide critical assistance by:
Reviewing the protective order and explaining your rights.
Investigating the circumstances of the alleged violation.
Challenging the evidence and presenting alternative explanations.
Negotiating with prosecutors to reduce or dismiss charges.
Representing you in court to protect your future.
At the Asbury Law Firm, we understand the stress and uncertainty that come with these charges. With extensive experience defending clients throughout Northern Virginia, we offer straightforward advice, strategic defense, and dedicated representation to help you navigate this challenging time.