Virginia Beach, VA Protective Order Violation Defense Lawyer

Knowledgeable Attorney for Alleged Protective Order Violations in Virginia Beach

In Virginia, protective orders are usually issued quickly in response to domestic violence allegations. It is important to note that the court does not require a conviction of any violent crime to issue these orders, which means you still have to follow the order even if the allegations have not been proven. If you have been accused of a violation, do not wait to seek legal representation. Reach out to a Virginia Beach protective order violation defense lawyer to protect your rights.

At Castellano Law Firm PLLC, we know what is at stake for people accused of violating court orders. We are available 24/7, and we remain in close communication with clients throughout each case.

What Terms Can a Protective Order Include?

Virginia issues three types of protective orders. An emergency protective order is typically issued the same night as a report to law enforcement and can take effect immediately without a full hearing. A preliminary protective order follows and can remain in place for up to 15 days while the case moves forward. A final protective order requires a court hearing and can last up to two years.

Each type can include a range of restrictions depending on what a judge determines is appropriate given the circumstances. Common terms included in a protective order can include:

• Prohibiting any contact with the protected person, including phone calls, text messages, emails, and contact through third parties
• Requiring the restrained person to vacate a shared residence, even if they are on the lease or own the property
• Prohibiting the possession or purchase of firearms for the duration of the order
• Addressing custody and visitation arrangements involving shared children
• Restricting contact with other household members named in the order

Reviewing the specific terms of a protective order carefully is essential. The restrictions vary from order to order, and what is prohibited in one case may not apply in another. A violation does not require intent to violate. Acting in a way that conflicts with the order's terms, even unknowingly, can still result in a criminal charge.

Penalties for Violating a Protective Order in Virginia

Violating a protective order in Virginia is a criminal offense, separate from whatever charge led to the order being issued in the first place. A first violation is a Class 1 misdemeanor, carrying up to 12 months in jail and a fine of up to $2,500. A second violation within five years carries a mandatory minimum of 60 days in jail when that violation or the prior violation involved violence. A violation that involves an assault and battery is a Class 6 felony, which can result in one to five years in prison.

It is also worth understanding that the protected person does not have the authority to waive the order. If the protected person initiates contact, invites the restrained person to meet, or suggests that the order no longer matters, none of that removes the legal obligation to comply. A restrained person who responds to that contact can still be charged with a violation.

Our Firm Can Help Defend Against Alleged Protective Order Violations

Not every alleged violation is as clear-cut as it is presented. The terms of the order, the circumstances of the alleged contact, and the nature of any communication involved should all be considered. In some cases, contact was initiated by the protected party, occurred through an intermediary without the restrained person's knowledge, or was mischaracterized in the report to law enforcement.

Our attorney can review the specific language of the order, examine the evidence behind the alleged violation, and identify whether the conduct described actually rises to the level of a criminal offense under the terms that were in place.

Meet With a Virginia Beach Protective Order Violation Defense Attorney

A protective order violation charge can escalate quickly and worsen an already difficult situation. Contact our Virginia Beach protective order violation defense lawyer or call 757-724-0073 today to set up a free consultation with Castellano Law Firm PLLC.