If you are involved in a domestic violence case, you need to be aware of the many repercussions of violating a Virginia restraining order or protective order. Consequences could include jail time, being held in contempt of court, or increased sentencing if a crime is committed. Violating a restraining order or protective order is also a standalone misdemeanor. Contact an experienced restraining order attorney today to learn more about your rights, and the potential consequences of violating a protective order.
It is important for a person to understand and abide by the provisions outlined as a violation of a protective order is a serious charge. It may impact things like criminal cases and civil cases down the road, especially in a domestic context. There are serious repercussions towards the order and the person’s liberty due to violating a protective order.
If a person has violated a protective order, the petitioner can call the police and report it. The protected individual can also call the Commonwealth Attorney, but most often they simply call the police. The police take these violations very seriously. The simple duty of law enforcement is to protect the vulnerable victims of domestic violence. If someone is accused of violating a protective order, the police will look up the order and discuss the allegation with the respondent. If they find the allegation to be true, they will make an arrest.
If the person violates the order, they could have a contempt or probation violation hearing, but the violation of a protective order is its own criminal offense. It is a Class 1 misdemeanor punishable by up to 12 months in jail and it must carry some jail sentence. If a person is found guilty in violation of a protective order on a first offense, they are going to go jail for at least a day.
If they have a previous violation, then they will face more mandatory minimum jail time. Multiple protective order violations can increase in seriousness and lead to a potential felony charge in the future. If a person is committing a crime – especially an act of violence – while violating a protective order, potential punishment may include jail time and the elevation the criminal conduct to a felony level.
If someone is accused of violating a restraining order, they need to have a copy of the order that they are alleged to have violated. Their Virginia criminal lawyer will then go in depth with their client and then try to understand the specific nature of the allegation, such as date, time, and place. There are many types of defenses to consider, such as an alibi defense, a factual defense, or technical defense.
A person who has been accused of violating a restraining order should contact restraining order lawyers. It is a serious matter to be accused of violating a restraining order or a protective order. You may want to talk to an experienced attorney about the repercussions of violating a Virginia restraining order or protective order. When charged with violating a protective order, you face the potential of jail time and consulting with an attorney may help you.
Northern Virginia Criminal Defense Group
