Key Takeaways: Virginia Criminal Contempt of Protective Order
- Violating a protective order in Virginia is a serious criminal offense, often charged as a Class 1 misdemeanor, carrying significant penalties including jail time and fines.
- Understanding the specific terms of a protective order and adhering strictly to them is crucial, as even unintentional violations can lead to criminal contempt charges.
- Defending against a criminal contempt charge requires proving a lack of knowledge of the order, unintentional contact, or the order’s invalidity.
- The legal process involves arrest, arraignment, potential bond hearings, and a trial in a Virginia General District or Juvenile and Domestic Relations District Court.
- Securing knowledgeable legal representation from the Law Offices Of SRIS, P.C. is vital to navigate the complexities of these charges and protect your rights and future.
Virginia Criminal Contempt of Protective Order: Defense Strategies and Legal Insights
For over two decades, I’ve witnessed firsthand the profound impact protective orders have on individuals and families across Virginia. While intended to safeguard victims of abuse, a charge of criminal contempt for violating such an order can drastically alter the life of the accused. These are not minor infractions; they are serious criminal offenses under Virginia law, carrying the potential for incarceration, hefty fines, and lasting repercussions on one’s personal and professional life. Navigating such charges requires more than just legal counsel; it demands the seasoned insight of an attorney who understands the nuances of Virginia statutes, the intricacies of court procedures, and the human element behind every case.
This comprehensive guide delves into the complexities of criminal contempt of a protective order in Virginia. We will explore the foundational laws, the agencies and courts involved, the potential consequences, and the strategic pathways available for defense. Our aim is to provide clarity and actionable intelligence for anyone facing this daunting legal challenge, emphasizing the critical importance of a proactive and informed legal approach.
Understanding Protective Orders & Their Enforcement in Virginia
A protective order in Virginia is a civil court order designed to prevent violence, threats, or harassment, typically issued to protect individuals from domestic abuse, stalking, or sexual assault. Its violation transforms a civil matter into a criminal offense, carrying severe penalties.
In Virginia, protective orders serve as a critical legal tool to ensure the safety of individuals who are at risk of harm. These orders are issued by Virginia courts and impose specific restrictions on the person against whom the order is issued, often referred to as the respondent. Understanding the different types of protective orders and their implications is the first step in comprehending the gravity of a violation.
Types of Protective Orders in Virginia
Virginia law provides for several types of protective orders, each with distinct purposes and durations:
- Emergency Protective Orders (EPO): These are short-term orders, typically issued for 72 hours by a magistrate or judge, often after a domestic violence incident, to provide immediate safety.
- Preliminary Protective Orders (PPO): Issued after a hearing where the petitioner demonstrates good cause, PPOs can last up to 15 days or until a full hearing on a permanent protective order. They offer a more extended period of protection than EPOs.
- Protective Orders (PO), also known as Permanent Protective Orders: These are issued after a full hearing where both parties have the opportunity to present evidence. They can last for up to two years and may be renewed. These orders often contain specific prohibitions, such as no contact, no harassment, and stay-away provisions.
What a Protective Order Prohibits
A protective order can prohibit a wide range of behaviors, including but not limited to:
- Contacting the protected person directly or indirectly (via phone, text, email, social media, or third parties).
- Coming within a certain distance of the protected person’s home, work, or school.
- Threatening, harassing, or intimidating the protected person.
- Committing acts of violence against the protected person.
- Possessing firearms (in certain circumstances, especially for permanent orders).
The specific terms of each order are paramount. Even seemingly minor deviations can be considered violations.
The Role of Virginia Law in Enforcement
Virginia Code § 16.1-253.2 specifically addresses the violation of protective orders. This statute makes it a criminal offense to violate any provision of an emergency, preliminary, or permanent protective order. The clear legislative intent is to provide strong legal backing for these orders and to deter their disregard.
The Elements of Criminal Contempt of a Protective Order
To secure a conviction for criminal contempt of a protective order in Virginia, the prosecution must establish beyond a reasonable doubt that a valid order was in place, the accused had knowledge of it, and they willfully violated its terms.
A criminal contempt charge for violating a protective order is not merely an accusation; it is a prosecution that requires the Commonwealth to prove specific elements. My long experience in Virginia courts has taught me that the defense often hinges on meticulously challenging one or more of these elements.
1. Valid Protective Order in Effect
The first and most fundamental element is the existence of a valid protective order. This means:
- Issued by a Court with Jurisdiction: The order must have been issued by a Virginia court or a court in another jurisdiction recognized under Virginia law, that had the legal authority to do so.
- Currently Active: The order must have been in effect at the time of the alleged violation. Protective orders have expiration dates, and a violation cannot occur if the order has expired.
A common defense strategy involves scrutinizing the original order for any procedural errors or jurisdictional issues that might render it invalid.
2. Knowledge of the Order
The accused must have had actual knowledge of the protective order and its terms. This is a critical element because one cannot intentionally violate an order they are unaware of. Proof of knowledge can be established through:
- Service of Process: Law enforcement or a private process server delivering the order directly to the accused is the most common way to prove knowledge.
- Presence in Court: If the accused was present in court when the order was issued and explained by the judge, knowledge is presumed.
- Other Evidence: Text messages, emails, or witness testimony indicating the accused was aware of the order’s existence and terms.
Lack of proper service or a genuine misunderstanding of the order’s specific prohibitions can form the basis of a defense.
3. Willful Violation of the Order’s Terms
This is arguably the most contested element. “Willful” means the violation was intentional and not accidental or unknowing. The prosecution must demonstrate that the accused purposely acted in a way that violated a specific provision of the order. Examples of alleged willful violations include:
- Intentionally approaching the protected person or their residence.
- Deliberately sending messages or making calls.
- Knowingly being present at a location where the protected person is, despite a stay-away order.
Accidental encounters, third-party actions not directed by the accused, or actions taken under duress might undermine the “willful” element. It’s not enough to simply be in violation; the act must be deliberate.
Penalties for Violation
Under Virginia law, specifically Va. Code § 16.1-253.2, violating a protective order is a Class 1 misdemeanor. This carries potential penalties of:
- Up to 12 months in jail.
- A fine of up to $2,500.
- Mandatory participation in an abuser intervention program.
- Additional consequences, such as loss of firearm rights, impact on child custody, and a criminal record.
Subsequent violations can lead to increasingly severe penalties, including felony charges in certain circumstances if there is an assault or battery involved.
Navigating the Virginia Legal Process for Contempt Charges
The legal journey for a criminal contempt of protective order charge in Virginia typically begins with arrest, proceeds through arraignment and discovery, and culminates in a trial, often in the General District or Juvenile and Domestic Relations District Court.
Understanding the procedural steps involved in a criminal contempt charge is crucial for anyone accused. The Virginia legal system can be complex, and a misstep at any stage can have significant ramifications. My role is to guide clients through this maze, ensuring their rights are protected at every turn.
Initial Contact & Arrest
Most cases begin when law enforcement responds to an alleged violation. This can be triggered by a direct call from the protected party, a witness, or even automated systems if a GPS monitor is in place. If probable cause exists, an arrest will be made. The accused will then be taken into custody.
Magistrate Review & Bail Hearing
Following arrest, the accused will appear before a magistrate, who will review the charges and determine eligibility for bail. The magistrate considers factors such as flight risk, potential danger to the community (especially the protected party), and the severity of the alleged violation. If bail is set, meeting its conditions is essential for pre-trial release.
Arraignment
The arraignment is the first formal court appearance. Here, the accused is formally informed of the charges against them and enters a plea (guilty, not guilty, or no contest). This is also where dates for future hearings, such as discovery and trial, are set.
Discovery & Pre-Trial Motions
During the discovery phase, both the prosecution (Commonwealth’s Attorney) and the defense exchange information and evidence. This includes police reports, witness statements, any digital evidence (texts, calls, social media), and the protective order itself. This period is critical for developing a defense strategy. Pre-trial motions may be filed to suppress evidence, challenge the validity of the order, or request specific rulings from the court.
Trial
Most criminal contempt cases for protective order violations are tried in either the Virginia General District Court or the Virginia Juvenile and Domestic Relations District Court, depending on the nature of the original protective order and the relationship between the parties. In these courts, trials are typically conducted before a judge, not a jury. Both sides present their cases:
- Commonwealth’s Attorney: Presents evidence and witness testimony to prove the elements of criminal contempt beyond a reasonable doubt.
- Defense: Presents evidence, cross-examines witnesses, and argues against the prosecution’s case, aiming to create reasonable doubt or establish a valid defense.
Sentencing & Appeals
If convicted, the judge will impose a sentence, adhering to Virginia’s sentencing guidelines for a Class 1 misdemeanor. If the accused is dissatisfied with the outcome in District Court, they have an absolute right to appeal the conviction to the Virginia Circuit Court for a new trial (trial de novo).
Key Agencies and Courts Involved
The following entities play pivotal roles in the process:
- Virginia General District Court: Often the venue for criminal contempt charges stemming from civil protective orders or where misdemeanors are heard.
- Virginia Juvenile and Domestic Relations District Court: Primarily handles protective orders related to domestic violence, child abuse, and family matters, and often hears contempt charges arising from these orders.
- Virginia Circuit Court: Handles appeals from District Courts and may issue protective orders in certain civil suits.
- Local Commonwealth’s Attorney’s Office: Responsible for prosecuting criminal contempt charges on behalf of the Commonwealth of Virginia.
- Local Law Enforcement (Police Departments, Sheriff’s Offices): Respond to calls, investigate alleged violations, make arrests, and serve protective orders.
Engaging with a legal team that understands the interplay between these agencies and courts is paramount for a robust defense.
The SRIS Contempt Defense Readiness Checklist Tool
Navigating a criminal contempt charge can feel overwhelming. To help you organize your thoughts and prepare for your defense, Law Offices Of SRIS, P.C. has developed the “SRIS Contempt Defense Readiness Checklist.” This tool is designed to guide you through the initial steps of gathering information and understanding your situation, which is crucial before engaging with legal counsel.
How to Use This Checklist:
Review each item below. Check off what you have, and make a note of what you need to gather. This information will be invaluable during your initial case assessment.
- Review the Protective Order:
- Do you have a physical copy of the protective order? If so, locate it.
- What is the date the order was issued?
- What is the expiration date of the order?
- List all specific prohibitions mentioned in the order (e.g., no contact, stay-away distance, no firearms).
- When and how were you served with the protective order (e.g., in person by sheriff, by mail, present in court)?
- Document the Alleged Violation:
- What date and time did the alleged violation occur?
- What specific action are you accused of taking (e.g., sending a text, being near a location, making a call)?
- Where did the alleged violation occur (exact address or location description)?
- Were there any witnesses present during the alleged incident? If so, who?
- Was law enforcement involved? If yes, which agency and when did they arrive?
- Were you arrested? If so, when and where?
- Gather Supporting Evidence:
- Do you have any alibi evidence (e.g., receipts, GPS data, witness statements, work records) that shows where you were at the time of the alleged violation?
- Do you have any communications (texts, emails, call logs, social media posts) that might contradict the accusation or show consent/initiation from the protected party (if applicable)?
- Are there any surveillance videos or security camera footage that might capture the incident?
- Are there any documents proving your residence or work location if a stay-away order is at issue?
- Note Any Prior Incidents:
- Have you had any prior protective orders against you? If so, when and what were the outcomes?
- Have you been accused of protective order violations before? What was the resolution?
- Personal Information:
- Your full legal name and date of birth.
- Your current contact information.
- Details of your current employment.
Bringing this completed checklist to your confidential case review with Law Offices Of SRIS, P.C. will significantly streamline the initial assessment process and allow our seasoned attorneys to provide you with the most accurate and strategic advice possible.
Strategic Defenses & Legal Approaches
Mounting an effective defense against criminal contempt of a protective order in Virginia requires a nuanced understanding of legal precedents and the specific facts of your case, focusing on challenging the prosecution’s ability to prove willfulness or knowledge.
With decades of experience defending individuals in Virginia courts, I’ve developed and refined various defense strategies for criminal contempt charges. The best approach is always tailored to the unique circumstances of each client and the evidence presented by the prosecution. Here are some common and effective defense strategies:
1. Lack of Knowledge or Proper Service
As discussed, the prosecution must prove you knew about the protective order and its specific terms. Defenses in this area include:
- Improper Service: If the protective order was never properly served on you according to Virginia law, you cannot be held in willful contempt.
- Ambiguous Terms: If the order’s language was vague or contradictory, leading to a reasonable misunderstanding of what was prohibited.
- Lack of Notice: Arguing that you were genuinely unaware of the order’s existence, perhaps if it was issued in your absence and not properly communicated.
2. Unintentional or Accidental Contact
The “willful” element is key. If contact occurred but was genuinely accidental or unavoidable, it might not constitute a willful violation:
- Incidental Contact: An accidental encounter in a public place (e.g., a grocery store, a public park) where you immediately left upon recognizing the protected party, demonstrating no intent to violate the order. This is a common defense, but requires quick, documented action on the accused’s part.
- Third-Party Actions: If a third party brought the protected person to your location without your knowledge or consent, or if they passed information to you without your solicitation, and you did not then engage in willful contact.
- Emergency Situations: In rare cases, contact might be justifiable due to a legitimate emergency, such as a life-threatening situation involving a child.
3. Challenging the Validity of the Order
While less common in criminal contempt cases (as the criminal court generally assumes the civil order’s validity), there might be rare circumstances where the underlying protective order itself can be challenged, especially if it was obtained fraudulently or through procedural errors that render it void.
4. False Accusations or Credibility Challenges
Unfortunately, protective orders can sometimes be used as a weapon in contentious divorce or custody battles. Defense strategies may include:
- Motive to Lie: Demonstrating that the protected party has a motive to fabricate or exaggerate the violation, such as gaining an advantage in another legal proceeding.
- Inconsistent Statements: Highlighting inconsistencies in the protected party’s statements to police or in previous court proceedings.
- Lack of Corroborating Evidence: Arguing that the prosecution’s case relies solely on the accuser’s testimony without independent evidence to support the claim.
5. Consent or Invitation (with extreme caution)
In very specific circumstances, if the protected party initiated or consented to the contact, it might undermine the “willful” element of the violation. However, this is an extremely high-risk defense in Virginia. Many protective orders explicitly state that even if the protected party invites contact, the respondent is still in violation. This defense requires substantial, verifiable evidence (e.g., texts, recordings) and is often approached with significant skepticism by courts. It is crucial to have seasoned legal counsel evaluate the viability of this defense.
6. Duress
If the violation occurred because the accused was under immediate threat or duress, this could potentially negate the element of willfulness. This is a very narrow defense and requires compelling evidence.
Each defense strategy requires meticulous investigation, evidence gathering, and skilled courtroom advocacy. The Law Offices Of SRIS, P.C. brings extensive experience to crafting the most effective defense for your specific circumstances, working tirelessly to protect your rights and reputation in Virginia courts.
Common Mistakes to Avoid When Facing Contempt Charges
When charged with criminal contempt of a protective order, the pressure can lead to poor decisions. Drawing from years of navigating these complex cases, I’ve identified several common pitfalls that individuals often fall into, which can severely jeopardize their defense. Avoiding these mistakes is as crucial as building a strong legal strategy.
- Directly Contacting the Protected Party: This is arguably the most detrimental mistake. Even if you believe the protected party wants to reconcile, or you need to discuss children or property, any direct or indirect contact outside the court-approved channels is a direct violation. Always communicate through your attorney or formal court processes.
- Failing to Understand the Order’s Terms: Many individuals glance at the order and assume they understand it. Protective orders can have nuanced terms regarding distance, electronic contact, third-party communication, and even firearm possession. A misunderstanding is not a defense; ignorance of the law is not an excuse. Read every line of the order carefully.
- Discussing Your Case on Social Media: Anything you post online, even on “private” accounts, can be used against you in court. Avoid discussing the protective order, the alleged violation, or the protected party on any public or private social media platform.
- Attempting to Negotiate Directly with the Protected Party: This can be seen as intimidation or further violation of the order. All communication should go through your legal counsel. Your attorney can formally communicate with their attorney if necessary.
- Delaying Legal Counsel: Time is of the essence. Evidence can disappear, witness memories fade, and the prosecution moves quickly. The moment you are served with a protective order or charged with its violation, contact a seasoned attorney.
- Assuming the Accusation is Minor: A protective order violation is a criminal charge, not a civil squabble. It has serious consequences, including potential jail time, fines, and a criminal record that can affect employment, housing, and reputation. Treat it with the gravity it deserves.
- Not Preserving Evidence: If you have texts, emails, call logs, or any other digital or physical evidence that might support your defense (e.g., showing the protected party initiated contact, or proving your location), preserve it immediately. Do not delete anything.
- Misrepresenting Facts to Your Attorney: Always be completely honest and transparent with your legal counsel. Withholding information, even if embarrassing, can cripple your defense when surprises emerge in court. Your attorney can only build the strongest case with all the facts.
- Violating Bail or Bond Conditions: If you are released on bail, ensure you strictly adhere to all conditions set by the court. A violation of bail can lead to immediate re-arrest and more severe penalties.
- Not Showing Up for Court Dates: Missing a court appearance will almost certainly result in a warrant for your arrest and further legal complications. Always know your court dates and arrive on time.
By being aware of these common missteps and committing to avoiding them, you significantly enhance your ability to navigate the legal process more effectively and protect your interests.
Glossary of Key Terms
Understanding the terminology used in protective order cases is essential for anyone involved in this legal process. Here are some key terms you might encounter:
- Protective Order (PO)
- A civil court order issued to protect a person from abuse, threats, or harassment, prohibiting the respondent from certain actions.
- Emergency Protective Order (EPO)
- A short-term protective order (typically 72 hours) issued by a magistrate or judge to provide immediate protection.
- Preliminary Protective Order (PPO)
- A temporary protective order issued after an initial hearing, lasting until a full hearing can be held (up to 15 days).
- Respondent
- The person against whom a protective order is sought or issued; the individual accused of violating the order.
- Petitioner
- The person who requests or seeks a protective order from the court, often referred to as the “protected party” once the order is issued.
- Criminal Contempt
- A charge brought against an individual who willfully disobeys a court order, treated as a criminal offense with potential for jail time or fines.
- Arraignment
- The first formal court appearance in a criminal case where charges are read, and the defendant enters a plea.
- Discovery
- The pre-trial process where both sides in a legal dispute exchange information and evidence relevant to the case.
- Trial De Novo
- A new trial in a higher court where the entire case is heard again from scratch, as if no previous trial had occurred. This is common in Virginia appeals from District to Circuit Court.
Common Scenarios & Questions About Protective Order Contempt
My work over the past two decades has exposed me to countless unique situations involving protective orders and alleged violations. While every case is distinct, certain scenarios and questions arise with predictable frequency. Here, I address a few common situations, providing insights drawn from real-world experience.
Scenario 1: Accidental Encounter at a Public Place
“I have a protective order against me, but I ran into the protected person at a grocery store. I immediately turned around and left, but they are now claiming I violated the order. Can I be charged?”
Yes, you can be charged, but whether you are convicted depends on the specific circumstances and your actions. Virginia law focuses on “willful” violations. If your encounter was genuinely accidental, and you took immediate steps to remove yourself from the situation upon realizing the protected party’s presence, this is a strong defense. Documenting your immediate departure (e.g., security camera footage, witness testimony) is crucial. The key is proving you had no intent to violate the order.
Scenario 2: Third-Party Communication
“My friend passed a message to the protected party for me, thinking they were helping. Now I’m being accused of violating the protective order. Am I responsible?”
Potentially, yes. Many protective orders prohibit direct and indirect contact. If you requested or even implicitly authorized your friend to communicate on your behalf, it could be considered an indirect violation. If your friend acted entirely on their own initiative without your knowledge or instruction, your defense would hinge on proving that lack of intent or involvement. This scenario highlights the critical importance of ensuring all your associates understand the protective order’s terms as they apply to you.
Scenario 3: Protected Party Initiates Contact
“The person who has the protective order against me keeps texting and calling me. If I respond, am I violating the order, even if they started it?”
Absolutely, yes. In Virginia, a protective order is a court mandate, not a suggestion, and the onus is on the respondent (the person against whom the order is issued) to comply. Even if the protected party initiates contact, responding will almost certainly be considered a violation by the court. The protected party cannot give you permission to violate the order. Your best course of action is to document all unsolicited contact from the protected party, avoid responding, and immediately notify your attorney and potentially law enforcement.
Scenario 4: Misunderstanding the Stay-Away Distance
“My protective order says I can’t be within 500 feet of their home. I used a public road that I thought was outside that distance, but apparently, I was closer. Is this a willful violation?”
This is a common gray area. While your intent may not have been malicious, courts will examine whether you took reasonable steps to ensure compliance. If you genuinely believed you were outside the specified distance and can demonstrate a good faith effort (e.g., using mapping apps, avoiding the area generally), it might undermine the “willful” element. However, simply “thinking” you were compliant may not be enough. The prosecution will argue you had a duty to know and adhere strictly to the terms. This underscores the need for extreme caution and often, over-compliance.
Frequently Asked Questions (FAQ)
Navigating the legal landscape surrounding protective orders and their violations can raise many questions. Here are answers to some of the most frequently asked questions I receive from clients and concerned individuals in Virginia.
Q1: What is the difference between a civil protective order and a criminal protective order violation?
A1: A protective order itself is a civil court order issued to prevent abuse. Violating that order, however, transforms it into a criminal matter. A “criminal contempt of protective order” charge means you are accused of willfully disobeying that civil order, which is a criminal offense under Virginia Code § 16.1-253.2, carrying potential criminal penalties like jail time and fines.
Q2: Can I get a protective order removed or modified?
A2: Yes, a protective order can be modified or terminated, but it requires a formal petition to the court that issued it. You must demonstrate a significant change in circumstances or that the order is no longer necessary. This is a civil process distinct from defending a criminal contempt charge. Always consult an attorney before attempting this.
Q3: What if the protected party asks me to contact them?
A3: Do NOT engage. As the respondent, you are legally bound by the protective order. The protected party cannot waive or invalidate the order’s terms. Any contact, even if initiated or consented to by them, will be considered a violation on your part. Document their attempts to contact you and inform your attorney.
Q4: How long does a criminal contempt charge stay on my record?
A4: A conviction for criminal contempt of a protective order is a Class 1 misdemeanor in Virginia. This will remain on your criminal record indefinitely and can impact employment, housing, professional licenses, and even firearm rights. While expungement is possible for some misdemeanors in Virginia, certain convictions, especially those involving domestic violence or protective order violations, have very strict limitations on expungement.
Q5: Can I get a public defender for this type of charge?
A5: If you are charged with criminal contempt of a protective order and meet certain financial eligibility requirements, you may be appointed a public defender. However, given the complexities and serious consequences of these charges, securing a private attorney with extensive experience in Virginia protective order defense, such as Law Offices Of SRIS, P.C., often provides a more focused and dedicated defense strategy.
Q6: What if I didn’t know the protective order was still active?
A6: “Knowledge of the order” is a key element the prosecution must prove. If you genuinely and reasonably believed the order had expired or was no longer in effect, this could be a defense. However, simply forgetting is typically not enough. It is your responsibility to know the status and terms of any order against you.
Q7: Can a protective order affect my child custody or visitation rights?
A7: Absolutely. The existence of a protective order, and especially a conviction for its violation, can significantly impact child custody and visitation decisions. Courts prioritize the safety and best interests of the child, and a history of protective orders or violations will be heavily weighed against you.
Q8: What kind of evidence is used in these cases?
A8: Evidence can include testimony from the protected party and witnesses, police reports, surveillance footage, text messages, emails, phone records, social media posts, GPS data, and even testimony from the arresting officer. Anything that can prove or disprove the elements of the charge can be introduced.
Q9: Is it possible for the protected party to drop the charges?
A9: No. Once a criminal contempt charge is filed by the Commonwealth’s Attorney, it is a state case. While the protected party’s wishes might be considered, they do not have the authority to “drop” criminal charges. The decision rests solely with the Commonwealth’s Attorney.
Q10: What should I do immediately if I’m charged with criminal contempt of a protective order?
A10: Immediately assert your right to remain silent and your right to an attorney. Do not speak to law enforcement or the protected party without legal counsel. Then, contact Law Offices Of SRIS, P.C. as soon as possible to begin preparing your defense.
Q11: Can a protective order violation lead to a felony charge?
A11: While most first-time violations are Class 1 misdemeanors, Virginia law (Va. Code § 16.1-253.2) states that a violation can become a Class 6 felony if the violation involves an act of violence, assault, or battery. Repeat offenses, particularly those involving violence, can lead to increased penalties.
Q12: How important is my criminal record in a protective order contempt case?
A12: Your criminal record can be very important, particularly if you have prior convictions for domestic violence, assault, or previous protective order violations. Such a history can influence the prosecutor’s decision to pursue the charge vigorously, impact bail decisions, and potentially lead to a harsher sentence if convicted.
Q13: Can a “no contact” order prevent me from attending my child’s school events or games?
A13: Yes, a “no contact” provision typically means no direct or indirect contact whatsoever, and this can extend to locations where the protected party is likely to be present, even public ones like school events. If you need to attend such events, your attorney may be able to petition the court to modify the order to allow for specific, supervised contact for the sole purpose of attending child-related activities, often with strict conditions. Never assume you can attend without a court modification.
Q14: What if I believe the original protective order was issued unfairly or based on false information?
A14: While you cannot violate an order simply because you believe it’s unfair, you can petition the court that issued the original order for a rehearing, modification, or termination. This is a separate civil process. You must obey the order while it is in effect, even if you are simultaneously challenging its validity. Violating it to prove a point will only result in criminal charges.
Q15: What are the long-term consequences of a conviction beyond jail and fines?
A15: Beyond immediate penalties, a conviction can lead to significant long-term consequences. These include difficulty finding employment, obtaining housing, issues with professional licensing, loss of your right to possess firearms under federal and Virginia law, negative impacts on security clearances, and potential difficulties with immigration status for non-citizens. It also creates a permanent criminal record that can follow you for life.
Protect Your Future: Contact Law Offices Of SRIS, P.C.
A charge of criminal contempt for violating a protective order in Virginia is a grave matter with far-reaching consequences. It demands immediate and decisive legal action. At Law Offices Of SRIS, P.C., we bring over two decades of dedicated experience to defending individuals facing these challenging charges. Our seasoned attorneys understand the intricacies of Virginia law, the nuances of court procedures, and the most effective defense strategies to protect your rights and your future. Don’t face this formidable challenge alone. Let our knowledge and authoritative approach guide you through this difficult time.
Contact Law Offices Of SRIS, P.C. Today for a Confidential Case Review
You can also reach us directly at 888-437-7747.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. The information provided herein is not a substitute for consulting with a qualified attorney regarding your specific legal situation. Laws are subject to change, and their application varies based on individual facts. Law Offices Of SRIS, P.C. does not guarantee specific outcomes. For legal counsel, please contact our firm directly.