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 under 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 virginia 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.
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.
- 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.
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.
TO KNOW MORE, VISIT HERE: https://srislawyer.com/violation-of-protective-order-virginia/
