Losing custody is possible after violating a protective order

On Behalf of | Nov 18, 2024 | Family Law |

A protective order is a legal tool for safeguarding individuals from abuse or threats, often within family settings. Courts issue these orders to prevent contact between individuals when there is a credible risk of harm. Protective orders are crucial to ensure the safety and peace of mind of those involved. It offers legal recourse to enforce boundaries and prevent further incidents.

Types of Protective Orders in Virginia

Virginia has three types of protection orders. The Emergency Protective Order (EPO) is valid for up to 72 hours and offers instant protection. The Preliminary Protective Order (PPO) protects for up to 15 days until the court holds a full court hearing. Finally, the Permanent Protective Order (PO) is valid for up to two years and requires a complete court hearing to analyze the issue thoroughly. Each category manages a distinct urgency and length, providing tailored protection based on individual needs.

What happens after a violation of the protective order?

Violating a protective order in Virginia is a serious offense. Once a violation occurs, law enforcement can arrest the offender immediately. The consequences include potential criminal charges, which can result in fines, jail time or both.

The severity of the punishment often depends on the nature of the violation and any prior history of offenses. Violations can also impact ongoing family law cases, such as custody or divorce proceedings.

Taking legal action

Facing charges for violating a protective order can be stressful and overwhelming. Anyone accused of violating protective orders may want to seek help from a legal professional who can explain the individual’s rights. They can also help navigate the process and build a solid defense strategy. With the proper legal guidance, defendants can mitigate potential penalties and fully understand the implications of the violation.