Also known as restraining orders, a Virginia protective order is a court mandate that limits or prohibits interaction between individuals for a certain period.
Protective orders are also serious legal matters that show up in criminal background checks and prevent you from contacting the person named in the order. Widely used in divorce, child custody, and domestic violence situations, violating the terms of a protective order in Virginia is a criminal offense and comes with harsh penalties.
Depending on the circumstances, violating a VA protective order can be considered a misdemeanor or a felony. Therefore, it is crucial that you contact a at Copenhaver, Ellett & Derrico if you are accused. These can be contentious and emotional situations, but with an aggressive defense from an experienced lawyer, you can defend yourself.
Call Copenhaver, Ellett & Derrico today at (540) 343-9349 or online for a free and confidentila consultation.
What is a Protective Order?
A protective order is a legal document issued by the court to protect a person who is the alleged victim of violence or threat of violence.
There are 3 types of protective orders in Virginia:
- Emergency Protective Orders – Issued immediately upon request and with very little evidence. They expire within three days or the next day the court is in session.
- Preliminary Protective Order – Issued before a full hearing and last for 15 days.
- Protective Order – Issued if the court finds an individual needs ongoing protection and can last for up to two years.
What Do Protective Orders Prohibit?
Protective orders typically restrict someone from contacting, threatening, or committing violence against another person. However, they are often issued with very little evidence.
If you have a protective order issued against you, your interaction with the alleged victim will be restricted. You may also face many other consequences, like a damaged reputation or job loss. However, violating a protective order in Virginia can result in criminal penalties.
Protective Order Violations
Violating protection or restraining orders in VA is typically a Class 1 misdemeanor. This could result in up to 12 months in jail and a fine of up to $2,500.
A second violation within five years may result in at least 60 days in jail, and three or more violations within 20 years may result in at least six months in jail.
In certain circumstances, a violation may amount to a Class 6 felony. This can lead to one to five years in custody and up to $2,500 in fines.
When is Violating a Protective Order a Felony
Violation of a protective order may be a felony if you:
- Stalked the party protected
- Committed assault and battery upon a protected party and they suffered serious bodily injury
- Violated the protective order while armed with a firearm or other deadly weapon
A Roanoke Criminal Defense Attorney Can Help
When you are charged with violating a protection order, it can feel like no one is listening to your side of the story. Sometimes, situations become exaggerated, misinterpreted, or false accusations are made.
A Roanoke defense attorney with Copenhaver, Ellett & Derrico can investigate your case by interviewing witnesses, gathering documents, and presenting your case to the court. We know that it is common for these cases to be based on lies by someone looking to gain leverage in a domestic dispute or divorce case. Let us fight for your rights if this is happening to you.
Contact Copenhaver, Ellett & Derrico Today
Violating a restraining order is a serious accusation that needs to be handled properly from the beginning. At Copenhaver, Ellett & Derrico, we are dedicated to protecting you from the negative impact of a conviction and making a positive difference in your case. When you turn to us for your legal needs, you can expect a skilled Roanoke criminal defense attorney to make sure your version of events gets told.
Have you been accused of violating a protective order in Virgina? Contact us online or call (540) 343-9349 today for a free consultation about how we can help.