Violating a Virginia Beach Protective Order
The repercussions of violating a Virginia Beach protective order can be quite severe. By violating a Virginia Beach protective or peace order, a person risks additional jail time, other penalty enhancements, as well as additional penalty charges.
Furthermore, by violating the order an individual further jeopardizes their relationship with the person who requested the protective order, making the alleged victim less likely to feel like cooperating with the defendant. If you have violated a Virginia Beach protective order, then seek the legal counsel of an attorney well-versed in domestic violence law.
Importance of Following the Provisions of a Restraining Order
One of the repercussions for violating a Virginia Beach protective order is adding a criminal charge to their record. If a person does not observe the provisions of a protective order, they can go to jail. The other reason is, often in domestic cases, they are emotional and if the person does what they are supposed to, if they give the complaining witness the space, it is easier to reach a resolution whereas if they are being difficult and if they refuse to follow the court order, that can embolden the person taking out the complaint. Rather than trying to help out and work with them, the accuser may just decide, that they will not be as cooperative or lenient with the accused.
Violating a protective order can lead to jail time and it also it counts as a criminal conviction. If an individual violates a protective order, they could end up with a criminal record. If the person is charged with domestic violence and there is a protective order and the domestic violence charge is dismissed but during the process, that person went to the house when they were not supposed to, then they are still going to end up with that conviction for violating a protective order.
Criminal Repercussions of Violating an Order
If it is an individual’s first violation, there is a mandatory minimum of 60 days in jail. If it is a Class 1 misdemeanor, the second violation, or if they committed it again, then that second one carries a mandatory minimum 60 days in jail, and a third one is a felony conviction with a mandatory minimum of six months in jail. These are terms that the judge cannot suspend. A person cannot run them concurrently with anything else. If they do it, they are found guilty and then that person has to serve that time.
Courses of Action if a Restraining Order is Violated
If the person who requested the protective order thinks that someone has violated the protective order then they can contact the police. They can also file a complaint on their own that there has been a protective order violation.
They can file a petition with the court; if it is a criminal matter, they can file a criminal complaint. If it is a civil matter, they can file a petition with the court alleging this. They can also contact the cops, and the police officers can investigate and make that determination.
If a judge finds that a person committed a crime while violating the order, and it is a criminal case, then it is a criminal conviction. If it is a person’s first criminal conviction it is a misdemeanor; then the second one carries mandatory jail time. The third one is a felony but it also carries mandatory jail time because the court takes protective orders seriously.
Evidence That an Individual Has Not Violated the Order
The defendant may need people who can testify to their whereabouts. If, for example, it is a protective order that says no hostile contact they may need a person who can testify as to what actually happened and verify that there was no hostile contact and that the involved parties exchanged words and moved on. These are situations where a person has to be able to show that they were not there when their accuser said they were, or that nothing happened when they were there, depending on how the order is written.
Aggravating Factors to the More Significant Charge
Some people may wonder whether the violation of the order or committing the crime, serves as an aggravating factor to the more significant charge. It all depends on the nature of the crime. Certain crimes are so egregious that it does not matter what the person has done after. But violating that court order can tend to serve as an aggravating factor, especially on a routine assault and battery case where if the judge orders the person not to have contact and then they are incapable of doing that, that is going to upset judges greatly because judges do not like it if a person disobeys the rules.
Benefit of a Lawyer
The repercussions of violating a Virginia Beach protective order can be harsh. An individual may end up facing additional criminal charges if they do violate the order. These are cases that can affect your rights. They can affect your criminal record. They can limit your access to your property. Furthermore, judges are less likely to be lenient with a defendant who disregards the provisions of the protective order because then the individual will seem like someone with a general disregard for the law. However, if you have violated the terms of a protective order, there are still steps you can take. The first and most important step is to reach out to an experienced domestic violence attorney who can defend you.