Violation of a protective order is a serious criminal offense, which can lead to jail time and other significant penalties.
Simply having a protective order issued against you can cause you real problems. A protective order will show up in a criminal background search, which can be done by anyone quickly and cheaply.
In addition, you will be denied a permit to carry a weapon if such a restraining order is in effect.
If you are being charged with a protection order violation, or feel that an order was unfairly issued against you, please contact us for a legal defense consultation .at (888) 205-9314
Can I Prevent a Protective Order from Being Taken Out Against Me? Or can I Fight to Have one Removed?
Yes, it is possible. We can challenge the grounds on which the order was issued by the courts. The law states that there are specific conditions under which they must be issued, which included the relationship between the parties, the level of concern, and more.
Generally, the orders are issued without serious consideration to the merits, and are rarely challenged.
An experienced defense lawyer can argue that the necessary probable cause was insufficient to grant the order request.
What is the Penalty for Violation of a Protective Order in VA?
Violation of a Protective Order is a Class 1 Misdemeanor, which has a maximum penalty of up to 1 year in jail and a fine of $2500.
If you are found guilty, you will have an additional protective order against you for up to 2 additional years.
VA Protective Order Violation Defense Strategies
Yes, there are definitely defenses we can use. We can challenge the very legality of the issuance of the order.
It is possible to beat these charges, but it can be complicated, and many prosecutors are not eager to cooperate and make fair deals in these cases, even when the case against you is thin.
If you are facing a charge of violation of a protective order in Virginia, please contact us right away to discuss your case.
The sooner we can work on your defense, the more options we will have, and the better chance we have to win in court.
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References: Virginia Code for Restraining Order Violations – § 18.2-60.4. Violation of a Protective Order; penalty.