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Protective Order Violations Attorneys Fairfax, Northern VA

In Virginia, a protective order is a court order that prohibits an individual from having contact with another person who has requested protection. Violating a protective order is a serious offense that can result in criminal charges and penalties.

There are three types of protective orders in Virginia: emergency protective orders, preliminary protective orders, and permanent protective orders. Emergency protective orders are issued by a judge or magistrate and can last for 72 hours. Preliminary protective orders can last up to 15 days and are issued after a hearing. Permanent protective orders can last up to two years and are issued after a final hearing.

Violating a protective order can result in criminal charges, regardless of whether the order was issued as an emergency, preliminary, or permanent order. Violation of a protective order is a Class 1 misdemeanor offense in Virginia, which carries a penalty of up to 12 months in jail and/or a fine of up to $2,500. However, if the violation involves an assault or battery against the protected individual, the offense can be elevated to a felony offense, carrying more severe penalties.

It's important to note that even if the protected individual initiates contact with the individual subject to the protective order, the individual is still prohibited from responding or initiating contact. The only exception to this is if the protected individual requests to modify the protective order to allow contact.

Defenses to a protective order violation charge can include lack of knowledge or notice of the protective order, or consent by the protected individual. However, it's important to consult with an experienced criminal defense attorney in Virginia to determine the best defense strategy for your case.

Overall, violating a protective order is a serious criminal offense in Virginia that can result in significant legal and personal consequences. If you are facing charges for violating a protective order, it's important to seek legal guidance from experienced Virgina-based criminal law attorneys to protect your rights and defend your case.

Virginia Code § 18.2-60.4. Violation of protective orders