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    Understanding Protective Order Violations in Virginia

    To protect an individual, a court may enact a protective order, similar to a restraining order, which forbids contact between a respondent and a petitioner. Violating these orders has serious consequences in Virginia.

    Types of Protective Orders and Violations

    There are three major types of protective orders in Virginia:

    • Emergency Protective Order (EPO): A temporary order issued ex parte (without the respondent being present) in emergencies.

    • Preliminary Protective Order (PPO): A hearing allows for the presentation of evidence before a temporary order is granted.

    • Permanent Protective Order: A long-term order issued after a trial.

    Violating any provision of these orders is a crime, regardless of the type. Common violations include:

    • Direct Contact: This includes physically approaching, calling, texting, or emailing the protected person.

    • Indirect Contact: Contacting the protected person through a third party or lingering near their workplace or residence.

    • Disobeying No-Go Zones: Staying away from specific locations, such as the protected person’s home or workplace, as outlined in the order. Explore more about Protective Order Violation Virginia here.

    Penalties for Violation

    Consequences for violating a protective order vary based on the offense’s seriousness and the offender’s criminal record.

    • First Offense: Maximum penalties for this Class 1 misdemeanor include 1 year in jail and a $2,500 fine.

    • Second Offense: A Class 1 misdemeanor with a mandatory minimum jail sentence of 60 days if the violation involved violence or threats of violence within five years of a prior offense.

    • Third or Subsequent Offense: A Class 6 felony, punishable by a mandatory minimum of 6 months in jail, up to 5 years in jail, and a fine of up to $2,500. This is particularly valid if the offense involved violence or if it’s within 20 years of a prior offense.

    Additional Penalties: Violating a protective order with a deadly weapon can result in even harsher penalties.

    What to Do if You Believe Someone Violated a Protective Order

     

    If you believe someone has violated a protective order against them, contact the police immediately. They can arrest the violator and ensure your safety. You can also report the violation to the court that gave the order.

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