Marijuana Drug Possession Charge in Virginia? At least some jail time is mandatory if you are convicted of even a single violation of a protective order. Call to discuss defense options for this or any other related Virginia criminal offense, such as domestic assault or stalking. Table of Contents » Title 16.1. You need a good lawyer to nail the case and bring justice to the victim harmed emotionally or physically due to the violation of the Protective Order. If you are facing a charge of violation of a protective order in Virginia, please contact us right away to discuss your case. A law-enforcement officer may request an emergency protective order pursuant to this section and, if the person in need of protection is physically or mentally incapable of filing a petition … A protective order (also called a restraining order) is a legal document that judges issue to protect people from dangerous situations. Violation of certain protective order conditions by the respondent is a crime. Protective orders are legal decrees, issued by a judge or magistrate, that protect the health and safety of victims. All rights reserved. Generally, the orders are issued without serious consideration to the merits, and are rarely challenged. (a) A person is guilty of a misdemeanor if the person knowingly and willfully violates: (1) A provision of an emergency or final protective order … The punishment for any person convicted of a second offense of violating a protective order, when the offense is committed within five years of the prior conviction and when either the instant or prior offense was based on an act or threat of violence, shall include a mandatory minimum term of confinement of 60 days. Changes the punishment and sentencing requirements for a violation of a preliminary child protective order so that the maximum penalty is a Class 1 misdemeanor and the court is no longer required to enter a permanent family abuse protective order (i.e., a protective order … Violation of a Protective Order is a Class 1 Misdemeanor, which has a maximum penalty of up to 1 year in jail and a fine of $2500. Violation of provisions of protective orders; penalty. Any person who violates such a protective order by furtively entering the home of any protected party while the party is present, or by entering and remaining in the home of the protected party until the party arrives, is guilty of a Class 6 felony, in addition to any other penalty provided by law. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. Violation of provisions of protective orders; penalty, Chapter 11. protective order with you to present to a law enforcement officer, if necessary. Any person who violates any provision of a protective order issued pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10 is guilty of a Class 1 misdemeanor. It is possible to beat these charges, but it can be complicated, and many prosecutors are not eager to cooperate and make fair deals in these cases, even when the case against you is thin. A second violation within … Penalties For Violation Of A Protective Order. In Virginia, protective orders can be issued when any act of … If a person violates … Since the whole point of protective orders is to legally limit the contact between individuals, the penalties for breaking an order … In addition to any other penalty provided by law, any person who violates any provision of a protective order issued pursuant to § 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.14, or 16.1-279.1 or subsection B of § 20-103, when such violation involves a provision of the protective order that prohibits such person from (i) going or remaining upon land, buildings, or premises; (ii) further acts of family abuse; or (iii) committing a criminal offense, or which prohibits contacts by the respondent with the allegedly abused person or family or household members of the allegedly abused person as the court deems appropriate, is guilty of a Class 1 misdemeanor. In addition, you will be denied a permit to carry a weapon if such a restraining order is in effect. 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