You thought you were just dropping off your child's forgotten homework at your ex-spouse's house. Now, you're facing new criminal charges for violating a protective order. One decision made without considering the legal restrictions has turned into a serious legal matter that could result in jail time.
Our Chesapeake criminal defense lawyer has seen how quickly protective order violations can escalate. Virginia courts take these violations seriously, regardless of your intentions or the circumstances that led to the contact. The state recognizes several types of protective orders, each carrying different restrictions but similar violation penalties.
Types of Protective Orders in Virginia
Virginia law provides multiple forms of legal protection through different protective orders. While violation penalties are generally consistent across order types, the specific restrictions and circumstances can vary significantly.
Emergency Protective Order
Emergency protective orders (EPOs) provide immediate but temporary protection. Law enforcement officers can request these orders when responding to domestic violence calls. Under Virginia Code § 16.1-253.4, these orders last 72 hours or until the next session of court, whichever is later.
Preliminary Protective Order
Preliminary protective orders last up to 15 days, but courts can extend them until the full hearing is held if necessary. The protected person must request these orders directly from the court with more detailed allegations than emergency orders require.
Full Protective Order
Full protective orders can last up to two years and require a full court hearing where both parties can present evidence. These orders provide the most comprehensive protection.
Criminal Penalties for Violating Protective Orders in Virginia
Virginia Code § 16.1-253.2 establishes escalating penalties for violating no-contact orders. While first-time violations constitute Class 1 misdemeanors, repeat offenses carry much more serious consequences.
First-Time Violations
A first protective order violation is charged as a Class 1 misdemeanor with potential penalties including:
- Up to 12 months in jail
- Fines up to $2,500
- Probation with strict conditions
- Mandatory counseling or anger management programs
Repeat and Violent Violations
The penalties increase dramatically for subsequent violations.
- A second offense within five years that involves violence, threat of violence, or force becomes a Class 6 felony.
- Third or subsequent violations also constitute Class 6 felonies, carrying potential penalties of one to five years in prison.
Imagine you receive a text from your ex-partner asking you to pick up medication for your shared child. Despite the protective order prohibiting contact, you respond to coordinate the pickup. If you have a prior conviction for a violation and this incident involves any confrontation or perceived threat, you could face felony charges rather than a misdemeanor.
Federal Firearm Restrictions
Federal law prohibits firearm possession while subject to certain protective orders. Virginia state law also requires firearm surrender for family abuse protective orders. The specific restrictions depend on the type of order issued.
How Violations Impact Existing Criminal Cases
Virginia protective order violations often occur while other criminal charges are pending, creating additional legal problems that can significantly impact your original case.
Judges view protective order violations as evidence that you disregard court authority. This perception can influence bail decisions, plea negotiations, and sentencing in your underlying criminal case. A protective order violation while on bail for another charge typically results in immediate arrest and potential bail revocation.
While protective order violations don't trigger automatic sentencing enhancements under other statutes, they can worsen outcomes in related criminal cases. Judges may view violations as evidence of continuing dangerous behavior. Multiple violations elevate to felony charges, creating separate serious criminal exposure.
Defenses Against Protective Order Violation Charges
Several legal defenses may apply to protective order violation charges, and an experienced attorney can evaluate which defenses might apply to your specific situation.
Lack of Understanding
Lack of knowledge represents one potential defense. If you weren't properly served with the protective order or didn't understand its terms, this might constitute a valid defense. However, courts generally assume knowledge once proper service occurs.
The Reality of "Accidental Contact"
Virginia courts interpret protective orders very strictly. While accidentally encountering the protected person at a location you both typically use might not automatically constitute a violation, the situation becomes legally dangerous quickly. Remaining in the area after recognizing the protected person's presence almost certainly violates the order.
Suppose you're shopping for groceries at your usual store and notice your ex-spouse in the same aisle. Simply being there isn't necessarily a violation, but staying in that aisle, making eye contact, or saying anything could constitute prohibited contact under most protective orders.
False accusations unfortunately occur in some cases. Phone records, surveillance footage, and witness testimony can help prove your innocence when someone claims you contacted them without such contact occurring.
The Importance of Immediate Legal Representation
Protective order violation cases require immediate attention from qualified legal counsel. These charges move quickly through the court system, and important evidence can disappear if not preserved promptly.
An attorney can review the protective order's specific terms to determine whether your actions actually constituted a violation. Some orders contain exceptions for certain types of contact, such as emergency communications regarding shared children or court-ordered exchanges.
Legal representation becomes even more critical when violation charges accompany other pending criminal matters. Your attorney can coordinate defenses across multiple cases and work to minimize the overall impact on your future.