Introduction:

Protective orders, also known as restraining orders, are legal instruments issued to protect individuals from harassment, abuse, or threats. In Virginia, violating a protective order is a serious offense, often carrying criminal penalties. Here’s a breakdown of what constitutes a violation of protective order virginia code, the penalties involved, and potential defenses if charged with this offense.

What is a Protective Order?

In Virginia, protective orders are issued to safeguard victims of domestic violence, stalking, or harassment. The Virginia Code (Section 16.1-253.1 and 19.2-152.10) outlines three types of protective orders:

  1. Emergency Protective Orders (EPO): Issued for short-term protection, typically 72 hours, to provide immediate relief.

  2. Preliminary Protective Orders (PPO): Lasts up to 15 days, usually issued when there is an ongoing threat, providing temporary protection until a full hearing.

  3. Permanent Protective Orders (PO): Issued after a court hearing, these orders can last up to two years and are renewable.

Each order specifies prohibited behaviors, such as no contact, remaining a certain distance away from the victim, and other conditions tailored to the situation. Violating any of these conditions can lead to criminal charges.

Violations of Protective Orders Under Virginia Code

According to Virginia Code § 18.2-60.4, it is a criminal offense to violate the terms of a protective order knowingly. Common protective order violations include:


  • Direct or Indirect Contact with the Protected Party: Contact through calls, texts, social media, or third parties is prohibited if specified in the order.

  • Physical Proximity Violations: Being within a certain distance of the protected party or locations such as their home, workplace, or school is also considered a violation.

  • Threats, Harassment, or Physical Harm: Any form of threatening, harassing, or harming the protected individual is strictly prohibited under the order.

Penalties for Violating a Protective Order

Violation of protective order virginia code is usually charged as a Class 1 misdemeanor. Penalties include:

  • Jail Time: Up to 12 months in jail for a misdemeanor violation.

  • Fines: Up to $2,500 in fines.

  • Mandatory Jail Time for Multiple Violations: A second violation within five years involving the same protected person can lead to mandatory jail time, often 60 days minimum.

  • Felony Charges for Severe Violations: If the violation involves assault, battery, or stalking, it can be charged as a Class 6 felony, which can result in up to five years in prison and significant fines.

Each violation is taken seriously and may impact future custody, employment, and other legal matters.

Defenses Against Protective Order Violations

If charged with a protective order violation, several defenses may be available depending on the circumstances:

  1. Lack of Intent: Proving that the violation was unintentional, such as accidental contact in a public place, can sometimes result in a dismissal.

  2. Lack of Knowledge: If the defendant was unaware of the protective order due to improper service, this can serve as a defense.

  3. Inadequate Proof of Violation: For a conviction, the prosecutor must show that the violation occurred beyond a reasonable doubt. Weak or inconclusive evidence may lead to an acquittal.

It’s essential to consult with a defense attorney who understands Virginia’s protective order laws and can help build a strong case.

Why Hire an Attorney for Protective Order Violations?

Protective order violations carry lasting consequences, from criminal records to restricted civil rights. A skilled attorney can help you by:

  • Assessing Your Case: An attorney will review the circumstances, including the evidence against you, to identify the best legal strategy.

  • Negotiating with the Prosecution: For minor violations, a lawyer may negotiate for reduced charges or alternative sentencing.

  • Representation in Court: A lawyer can advocate for you in court, ensuring that your side of the story is presented effectively and fairly.

Conclusion

Protective orders serve as an important legal measure for protecting individuals from harm, but violating one can have serious consequences in Virginia. Understanding what violation of protective order virginia code § 18.2-60.4 and knowing the penalties involved is crucial. If charged with violating a protective order, seeking legal counsel promptly can provide the best chance for a favorable outcome, preserving both your rights and freedom.