Protective orders play a crucial role in safeguarding individuals from harm and ensuring their well-being. When a protective order is issued by the court, it is legally binding, and violating its terms can lead to severe consequences. In Virginia, the violating a protective order in virginia is addressed Code § 18.2-60.4. In this article, we will delve into the specifics of this code section and the implications of violating a protective order in the Commonwealth.
Virginia Code § 18.2-60.4: Violation of Protective Order
Virginia Code § 18.2-60.4 outlines the offense of violating a protective order in the state. This code section specifically addresses situations where an individual subject to a protective order knowingly and willfully violates the terms and conditions set forth in that order.
Key Provisions:
Elements of the Offense: To be charged with a violation of Virginia Code § 18.2-60.4, certain elements must be present. The individual accused must have been subject to a valid protective order, and the violation must be knowing and willful.
Types of Protective Orders: Protective orders can take various forms in Virginia, including Emergency Protective Orders (EPOs), Preliminary Protective Orders (PPOs), and Permanent Protective Orders (POs). Violating any of these orders constitutes an offense under this code section.
Penalties for Violation: Violating a protective order is a criminal offense in Virginia. The severity of the penalties depends on factors such as the nature of the violation and the offender's prior criminal history. Penalties can include fines, probation, and imprisonment.
Criminal Charges: The violation of a protective order is typically charged as a Class 1 misdemeanor. However, if the violation occurs while the accused is armed with a firearm, it becomes a Class 6 felony, carrying more severe consequences.
Enhanced Penalties for Subsequent Offenses: Subsequent violating a protective order in virginia can result in enhanced penalties. If an individual is convicted of violating a protective order for a second or subsequent time within five years, the offense becomes a Class 6 felony.
No Contact Provision: Protective orders often include a "no contact" provision, prohibiting the individual from contacting or communicating with the protected party. Violating this provision can lead to serious consequences under Virginia law.
Legal Defenses:
Lack of Knowledge: A viable defense may be established if the accused lacked knowledge of the protective order or was unaware of its terms. However, proving lack of knowledge can be challenging.
False Accusations: If the alleged violation is based on false accusations, presenting evidence to refute the claims may form a defense strategy.
violating a protective order in virginia is a serious offense with potentially severe consequences. Virginia Code § 18.2-60.4 is in place to ensure the enforcement of protective orders and the safety of individuals seeking protection. If you or someone you know is facing charges related to the violation of a protective order, seeking legal counsel is crucial. An experienced attorney can provide guidance, assess the specific circumstances of the case, and work towards the best possible outcome within the bounds of the law.
