What Are the Consequences of Violating a Protective Order in Virginia?

If you are subject to a protective order in Virginia, you need to comply. Regardless of whether you dispute the allegations against you, violating a protective order can have serious consequences. Learn more from an experienced Woodbridge domestic violence lawyer at Stevens Caruso:

Violating a Protective Order is a Criminal Offense in Virginia

Under Virginia law, violating a protective order is a criminal offense. Two sections of the Code of Virginia address protective order violations, and each includes provisions for criminal penalties.

Protective Order Violations Under Section 16.1-253.2 of the Code of Virginia

Under Section 16.1-253.2 of the Code of Virginia, violating a protective order issued in a juvenile or domestic relations case can lead to criminal charges if the violation involves:

• Going or remaining upon land, buildings, or premises;
• Further acts of family abuse;
• Committing a criminal offense; or,
• Contacting the alleged victim or the victim’s family or household members.

In these cases, violating a protective order is a Class 1 misdemeanor if it is a first or second offense. First-time offenders can face up to 12 months in jail, probation, a $2,500 fine, and mandatory counseling or anger management. Second offenses committed within five years carry a mandatory minimum jail sentence of 60 days when one or both violations involve an act or threat of violence.

A third or subsequent offense under Section 16.1-253.2 within 20 years is a Class 6 felony in Virginia, and the law imposes a mandatory minimum jail sentence of 6 months. However, a conviction can carry up to 5 years in prison and a $2,500 fine.

Protective Order Violations Under Section 18.2-60.4 of the Code of Virginia

Under Section 18.2-60.4 of the Code of Virginia, violating a protective order issued in any type of civil or criminal proceeding is a criminal offense regardless of the nature of the violation. This section of the law applies to violations of:

• Emergency protective orders issued ex parte (without the defendant’s presence);
• Preliminary protective orders; and,
• Final protective orders (referred to simply as protective orders in Virginia).

The penalties for protective order violations under Section 18.2-60.4 are generally the same as those for violations under 16.1-253.2. This means that a violation can either be a Class 1 misdemeanor or a Class 6 felony, depending on the circumstances involved, and potential jail (or prison) sentences can range from one to five years. However, Section 18.2-60.4 imposes mandatory confinement in more situations, and it also provides that, “[u]pon conviction, the court shall, in addition to the sentence imposed, enter a protective order . . . for a specified period not exceeding two years from the date of conviction.”

Section 18.2-60.4 also imposes enhanced penalties in some cases. For example, with limited exceptions, a violation involving a firearm or another deadly weapon is a Class 6 felony once the defendant has been served with a copy of the order. Violations that involve stalking or assault and battery resulting in bodily injury are also Class 6 felonies in most situations.

Protective Order Violations Can Lead to Additional Criminal Charges

Importantly, if you commit a protective order violation that is itself a criminal offense, you can also be prosecuted for that offense. For example, if you are being accused of committing assault and battery in violation of a protective order, you can be prosecuted for violating your protective order and for assault and battery. Under Section 18.2-57.2.A. of the Virginia Code:

“Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor [in most cases].”

This is just one example. Trespassing, stalking, and other common protective order violations are also stand-alone criminal offenses under Virginia law. In domestic violence cases, these offenses carry additional penalties, and a conviction can impact your life in many other ways as well.

Defending Against Alleged Protective Order Violations

With all of this in mind, if you have been accused of violating a protective order in Virginia, you need to protect yourself by all means available. Among other important steps, you should:

1. Comply with Your Protective Order

Going forward, you should do everything you can to comply with your protective order. If you get accused of another violation, you can face mandatory jail time as a two-time offender. If you aren’t sure what you need to do in order to comply, an experienced Woodbridge domestic violence lawyer can help.  

2. Make Sure You Know Your Court Date

You should also make sure you know your court date. If you miss your court date, the judge may have no choice but to rule against you in your absence. In some circumstances, missing a court date in Virginia can result in an additional charge for failure to appear.

3. Take Detailed Notes

While the events are still fresh in your mind, you should take detailed notes. Write down anything and everything that you think might be relevant to your case. When you sit down to discuss your case with a Woodbridge domestic violence lawyer, having these notes available will help ensure that you provide your lawyer with as much information as possible.

4. Avoid Making Any Assumptions

Regardless of the circumstances of your case, you should avoid making any assumptions. You are innocent until proven guilty, and no matter what happened, you have defenses available.

5. Talk to a Lawyer Promptly

To find out what defenses you have available—and to help ensure that you avoid any mistakes that could jeopardize your defense—you should talk to a Woodbridge domestic violence lawyer promptly. Our lawyers offer free consultations, and we can schedule yours promptly.

Request a Free Consultation with a Woodbridge Domestic Violence Lawyer at Stevens Caruso

To speak with an experienced Woodbridge domestic violence lawyer in confidence as soon as possible, contact us today. Call 703-897-1777 or send us a message online to schedule a free consultation at Stevens Caruso.