Introduction:

In Virginia, violating a protective order is a serious offense with significant legal consequences. Protective orders are put in place to protect individuals from domestic violence, stalking, harassment, and other forms of abuse. These orders can be temporary or permanent, but they all carry the weight of the law. When someone violates a protective order, it can lead to criminal charges, fines, and potential imprisonment. This article will explore the legal ramifications of what happens if you violate a protective order in Virginia and what you can expect if you are accused of such an offense.

Understanding Protective Orders in Virginia

In Virginia, there are three main types of protective orders:

1. Emergency Protective Order (EPO): Typically issued by law enforcement or a magistrate when there is an immediate need to protect someone. It can last up to 72 hours.

2. Preliminary Protective Order (PPO): Issued by a judge to provide temporary protection, usually lasting up to 15 days, until a full hearing can be held.

3. Permanent Protective Order: Issued after a full court hearing, this order can last up to two years or longer, depending on the circumstances.

These orders are legally binding and are designed to ensure the safety and well-being of the person seeking protection, often called the petitioner.

Consequences of Violating a Protective Order

Violating a protective order in Virginia can result in both criminal and civil consequences. Here's what you can expect:

1. Criminal Penalties

The most immediate consequence of violating a protective order is the potential for criminal charges. Under Virginia law, violating a protective order is classified as a Class 1 misdemeanor, which is punishable by:

• Up to 12 months in jail

• Fines up to $2,500

• Probation

In some cases, the defendant could face felony charges if the violation involves further acts of violence or if it is a repeat offense. If the individual violates the protective order more than once, the court may charge them with a Class 6 felony, which carries more severe penalties, including:

• 1 to 5 years in prison

• Significant fines

2. Arrest and Detention

If you are caught violating a protective order, law enforcement officers can arrest you immediately. This is particularly likely if the violation involves physical violence or harassment. An arrest for what happens if you violate a protective order in Virginia can lead to further criminal charges, especially if it’s tied to other illegal activities such as assault, stalking, or trespassing.

Once arrested, you will likely face a hearing in court, where the judge will decide whether to release you on bail or keep you in custody. If you are detained, you will remain in jail until your trial or hearing.

3. Restraining from Contact with the Protected Person

One of the primary goals of a protective order is to keep the abuser away from the protected individual. If a defendant violates the order by contacting the protected person—whether in person, by phone, or online—the violation is taken seriously. These actions can be construed as harassment or intimidation and may lead to more severe criminal charges and penalties.

4. Contempt of Court

Violating a protective order can also be seen as contempt of court. Contempt charges are issued when an individual knowingly disobeys a court order. This can lead to additional legal consequences, including fines, extended jail time, or a longer protective order.

5. Impact on Custody and Other Legal Matters

In cases where child custody or visitation is involved, violating a protective order can have a significant impact. If the defendant has children with the protected person, the court may consider the violation as a negative factor when determining custody arrangements. This can lead to the loss of visitation rights or even supervised visitation if the court determines it is in the best interest of the child.

Defending Against Allegations of Violating a Protective Order

If you are accused of violating a protective order, it’s important to consult with an experienced attorney. Defending against these allegations can be complex, and there may be factors such as misunderstanding, lack of intent, or false claims that can be considered. Your lawyer can help gather evidence, present your side of the story, and work to mitigate the penalties you face.

Conclusion

Violating a protective order in Virginia is a serious offense that can result in criminal penalties, including jail time, fines, and long-term legal consequences. Whether the violation involves physical harm, harassment, or simple contact with the protected person, the legal system treats these violations with high importance to ensure the safety of individuals under threat. If you’re facing allegations of what happens if you violate a protective order in Virginia, it's crucial to seek legal representation to understand your rights and defense options.