Violating a Protective Order in Fairfax
A protective order may be ordered as an emergency order at the time of the arrest, a preliminary protective order shortly thereafter through an ex parte hearing, or a permanent protective order. Whatever type of protective order it is, the person whom the order is entered against must follow the guidelines of that specific protective order. Violating a protective order in Fairfax can lead to serious consequences for the offender. Speak with an experienced protective order attorney for more information about the importance of following the guidelines of the order.
Consequences of Violating a Protective Order
Violating a protective order in Fairfax is a serious charge. This offense is a Class 1 misdemeanor and is unique in terms of its penalty phases. In addition to allowing the protective order to be extended as part of the punishment, the specific language of the violation states that in no case may the court suspend all of the jail sentence. This means that if someone is convicted of violating a protective order, then there is a strong likelihood that they are going to receive an active jail sentence. It is not uncommon for courts to assess substantial jail sentences when someone is convicted of violating a protective order.
Another one of the repercussions of violating a protective order in Fairfax is that the violator could be held in jail without bond. Someone who is accused of violating a protective order may be viewed as a risk to themselves as well as a risk to others in the community.
Importance of Abiding by the Provisions Outlined in a Protective Order
It is always imperative to follow the instructions of any court order, but a protective order is even more important. This is because failure to follow a protective order could have serious criminal repercussions. Although protective orders are civil matters, violating a protective order in Fairfax is a criminal offense and, therefore, have serious ramifications. Understanding what is required of an individual in a protective order against them, as well as the penalties for violating it, is essential. When someone violates a protective order, there could be collateral consequences that could impact criminal cases, including the prohibition against a firearm in the Commonwealth of Virginia.
What to do if Someone Thinks the Other Individual Has Violated the Order?
If an individual requests a protective order and they feel that the respondent or the person against whom the protective order has been granted is violating it, they should contact law enforcement right away. Law enforcement will have a copy of the protective order and the individual can explain why they believe the other person is violating the order. The police can then investigate the situation to decide whether or not to get the commonwealth attorney involved and pursue criminal action.
When someone has requested a protective order and has had one granted, law enforcement wants that individual to feel safe from harm. This is why there are significant penalties for violating a protective order in Fairfax.