Can you violate your own protective order in Virginia?
Violation of VA. Code § 18.2-60.4. If a person is convicted of violating a protective order under this law, that person is guilty of a Class 1 misdemeanor or can even be guilty of a Class 6 felony.
Is violating a protective order a felony in Virginia?
Felony Penalties for Violating VA Protective Order A Virginia court may find you guilty of a Class 6 felony if you violate any provision of any type of protective order: For a third or subsequent time within 20 years of first conviction if at least one of the offenses was an act or threat of violence.
How long can you get for breaking a restraining order?
five years
Consequences of breaching an order The penalty that may be imposed upon breach of the new section 5A restraining order is identical to that which can be imposed under section 5. On conviction on indictment, the defendant may be subject to imprisonment for a term not exceeding five years, or a fine, or both.
What happens when you breach a restraining order?
If you are reported to the police for breaching your restraining order, the police will usually sign a criminal complaint which means that you are then in contempt of court. You may also be arrested, depending on the type of order in place and the nature of the breach committed.
What is considered harassment in Virginia?
Harassment means to repeatedly annoy or attack a person or group in such a way as to cause anxiety or fear for safety.
What is a Class 4 misdemeanor in Virginia?
Class 4 Misdemeanors This is the lowest level criminal offense in Virginia. Traffic infractions are considered violations of public order and are not technically criminal offenses. The maximum penalty for a Class 4 Misdemeanor conviction includes: Fine up to $250.
What is a protective order in Virginia?
It is a legal order issued by a magistrate or judge to protect the health and safety of an abused person and his/her family or household members. The person filing for a protective order is called the “peti- tioner” and the person the protective order is filed against is called the “respondent”.
Is breaking a court order a criminal offence?
Breaking a court order. Court orders can be imposed by a judge in legal proceedings and breaching them can amount to contempt of court or a criminal offence.
Do police interview breach restraining order?
A mere allegation of breaching a restraining order or non-molestation order can be enough to result in arrest or a voluntary interview. This can mean further restrictive conditions, a charge, a court case and a substantial sentence if convicted.
Is verbal abuse a crime in Virginia?
If any person shall, in the presence or hearing of another, curse or abuse such other person, or use any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language, under circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a …
How long do misdemeanors stay on your record in Virginia?
Again, criminal convictions – even for misdemeanors – stay on your record forever in Virginia.
What happens if the victim violates the order of protection in Virginia?
Consequences. Somebody who violates a protective order in Virginia is going to be found guilty of a Class 1 misdemeanor of protective order violation. That is the most serious type of misdemeanor in the state of Virginia, which carries up to 12 months in jail, up to a $2,500-fine, and it is a separate criminal offense.
Can you appeal a protective order in Virginia?
APPEALS FROM PROTECTIVE ORDER If the judge denies you a Protective Order, and you disagree, you can appeal to the Circuit Court within 10 days. You can also appeal within 10 days if the judge grants a Protective Order, but you disagree with the terms. See the clerk of court.
What happens when a parent breaches a court order?
This means that if either parent breaches that order, then they will be in contempt of court. The consequences of being in contempt of court are fines, enforcements orders and even imprisonment although in reality the latter is rare.