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Check and make sure a copy has been filed. If you're concerned about your safety because disclosing your address puts you at risk of further harm, ask the court to keep your contact information private. You are not being arrested or charged with a crime. By violating a Virginia Beach protective or peace order, a person risks additional jail time, other penalty enhancements, as well as additional penalty charges. Protective Order Violations in Fairfax and Northern VirginiaViolations of Protective Orders in Fairfax and Northern Virginia. In addition to violating a protective order 3 or more times in 20 years, certain acts automatically turn the protective order violation into a Class 6 felony charge. This may include jail time. Violating protection or restraining orders in VA is typically a Class 1 misdemeanor.

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Additionally, the punishments for a protective order violation can also scale based on two extra factors. What if my relationship doesn't qualify for a protective order? Here are some things you may want to consider doing. Violation of protective order virginia.gov. For a third or subsequent offense within 20 years, and if any of the offenses were based on an act or threat of violence, the court will bump up the punishment to a Class 6 felony.

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Any of these items may prove that, for example, you were not in the place where the alleged incident took place or that you were not responsible for accusations made against you. If a person has been accused of violating a protective order and a judge finds that the government has proved that, they are almost certainly looking at active jail time. But, if someone has requested a protective order against you, it's in your best interest to have the order lifted or that your lawyer convinces the other side to withdraw the petition. The third one is a felony but it also carries mandatory jail time because the court takes protective orders seriously. If you need access to this page, please contact the clerk's office. If you demonstrate the need, it is also possible to have a protective order issued against another person who has threatened, attacked, or stalked you. File criminal charges at a commissioner's office or call police, who may arrest someone who violates an order. Keep in contact with the court as it schedules your final hearing. The person might even be looking at significant active jail time. If you are caught with them, near them, or talking to them, and if that is against the terms of the P. O., you will be charged. Violating a Virginia Beach Protective Order | Criminal Repercussions. Otherwise, a first violation is a Class 1 Misdemeanor. I was not granted a protective order. An emergency protective order lasts for three days, or until the next session of court, and generally prohibits the following: - Contact with the complainant and their family. For a first conviction of violating a protective order, it is a Class 1 misdemeanor.

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If additional protection time is required, the petitioner can seek a Preliminary Protective Order. This is because a protective order against you can affect your rights and interfere with your daily life. Require the respondent to pay the victim's court fees. The court could extend the order if a violation was alleged but also could extend the order without an alleged violation under the rationale that the order is working. A lawyer could advise the accused of the likely outcomes of their case and help to mitigate the damages. Additionally, if a person is accused of committing these crimes and the violations of the protective orders, then they are subject to being prosecuted for the other offenses as well. Violation of protective order virginia woolf. House of Ruth Domestic Violence Hotline (410) 889-7884. If you have a current custody or divorce case with the other person, consider filing in the same courthouse where that case was heard. First, by the number of prior offenses committed within the last 5-20 years.

Consult Your Virginia Defense Attorney. A copy of the order will be served to the respondent by the police to notify the respondent of the scheduled hearing. The law defines intra-family relationships broadly to include family members, household members, anyone you have been romantically involved with, and even roommates. Some courts may require a petitioner to testify under oath in order to obtain a Preliminary Protective Order. How to Obtain a Protective Order. Move Out Order: In some cases, if the parties who need to be separated live together, the offender may be required to find a new place to live. The penalty for a Class 1 misdemeanor is a possible jail term of up to 12 months, a fine of up to $2, 500, or both a jail term and a fine up to those limits. Repercussions of violating a protective order in Virginia can include the effect of a person's bond if they are on bond for a criminal charge, which is happening at the same time. Whatever happens in a civil proceeding, it doesn't get in the way of what happens in a criminal proceeding. Violation of protection order virginia. A lawyer could be your best chance at avoiding the serious penalties associated with your charges. They can affect your criminal record. Importance of Following the Provisions of a Restraining Order.
If it is the third violation basically within 20 years, if an individual has three protective order violations within 20 years and either it was based on the same protective order or one of them was based on an act or threat of violence, then it is going to be a felony charge and there is a mandatory minimum of six months confinement for that. We are here to serve you and will see you through the criminal court process and help you petition to modify or terminate any protective order that is no longer needed or appropriate.