What Happens If You Violate a Protective Order in Virginia?

The information in this article is for general informational purposes only and does not constitute legal advice. Laws change and individual circumstances vary. Consult a licensed Virginia attorney about your specific situation. Reading this article does not create an attorney-client relationship nor does merely contacting our office through this website or any other means.

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A protective order is a court order, and violating a court order carries criminal consequences in Virginia. Many people who are served with protective orders do not fully understand the scope of what they prohibit or the severity of what happens when those prohibitions are violated. This article explains what constitutes a violation, the criminal penalties that apply, and the broader consequences that can follow.

The Criminal Statutes

Two primary statutes govern violations of protective orders in Virginia.

Virginia Code § 16.1-253.2 addresses violations of protective orders involving family abuse. This statute applies to emergency protective orders (EPOs), preliminary protective orders (PPOs), and final protective orders issued in family abuse proceedings.

Virginia Code § 18.2-60.4 addresses violations of protective orders issued in the context of stalking, criminal sexual assault, and other non-family scenarios, as well as certain violations of final protective orders more broadly.

Both statutes treat violation of a protective order as a standalone criminal offense, separate from any underlying conduct that originally gave rise to the order.

What Constitutes a Violation

A protective order specifies exactly what the respondent is prohibited from doing. Common prohibitions include:

• Any contact with the protected person (in person, by phone, text, email, or social media)
• Being present at the protected person’s home, workplace, school, or other specified location
• Coming within a specified distance of the protected person
• Possessing firearms (required by law in qualifying orders)

A violation occurs when the respondent does anything the order prohibits. This includes:

• Sending a text message to the protected person, even to discuss something unrelated to the dispute
• Showing up at a shared workplace
• Having a mutual friend relay a message on your behalf
• Contacting the protected person through social media from any account
• Driving past the protected person’s home

A violation does not require the protected person to be harmed or even frightened. The act of contact or presence in violation of the order is itself the offense.

An important note: If the protected person initiates contact with you, this does not authorize you to respond. The order runs against you, not against them. If they reach out, you are still prohibited from engaging. The protected person cannot waive or modify the court order; only the court can do that.

Penalties: Misdemeanor and Felony

First Violation: Class 1 Misdemeanor

A first violation of a protective order is a Class 1 misdemeanor, carrying a maximum penalty of 12 months in jail and a $2,500 fine. This is the same classification as first-offense DUI and simple assault.

Under § 16.1-253.2, when a person is convicted of a first violation while the order is in effect, the court must impose a mandatory minimum jail sentence of 60 days if the violation involved an act of violence, force, or threat that resulted in bodily injury or a reasonable apprehension of imminent bodily injury. Otherwise, there is no mandatory minimum jail sentence for a first violation, though the court retains discretion to impose up to 12 months.

Second Violation: Class 1 Misdemeanor With Mandatory Minimum

A second violation within 5 years of the first carries a mandatory minimum of 60 days in jail regardless of whether the violation involved violence.

Third and Subsequent Violations: Felony

A third or subsequent violation of a protective order within 20 years is elevated to a Class 6 felony under § 16.1-253.2. A Class 6 felony in Virginia carries 1 to 5 years in prison (or, at the jury’s discretion, up to 12 months in jail and a $2,500 fine). This means that what starts as a series of text messages can escalate to a felony prosecution.

Violations involving acts of violence resulting in serious bodily injury may be charged as a more serious felony offense depending on the nature of the underlying conduct.

Arrest Without a Warrant

Virginia law authorizes law enforcement officers to arrest a person without a warrant if the officer has probable cause to believe that a protective order violation has occurred. Unlike many misdemeanors, where a summons may be issued rather than an arrest, protective order violations frequently result in immediate arrest and detention.

After arrest, the person will go through the standard booking process. A magistrate will determine whether to set bond and under what conditions. Courts treat protective order violations seriously, and bond conditions often include no-contact requirements that mirror or expand upon the underlying protective order.

Impact on Gun Rights

As discussed in the companion article on protective orders, a final protective order already prohibits the respondent from possessing firearms under both Virginia and federal law. A violation charge does not change this existing prohibition but does add additional criminal exposure.

If the violation results in a felony conviction, the consequences for firearm rights are permanent under both Virginia law (Va. Code § 18.2-308.2) and federal law (18 U.S.C. § 922(g)(1)). A convicted felon may not possess, purchase, or transport firearms. Restoration of firearm rights after a felony conviction requires a separate legal process in Virginia.

Even a misdemeanor conviction for a protective order violation can affect firearm rights in certain circumstances, particularly if the underlying offense involved domestic violence under the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)).

Collateral Consequences

Beyond the direct criminal penalties, a protective order violation carries collateral consequences that can affect multiple areas of life.

Child Custody and Visitation

If you are involved in a custody or visitation dispute, a protective order violation is the kind of conduct that courts take into account when making custody determinations. A pattern of violation can affect visitation arrangements and, in serious cases, parental rights.

Employment

Many employers conduct background checks, and a protective order violation conviction, whether misdemeanor or felony, will appear on a criminal record check. Professional licenses in fields including healthcare, law, education, and financial services may be affected by criminal convictions.

Immigration

For non-citizens, a protective order violation conviction can have serious immigration consequences. Crimes involving domestic violence can render a person deportable or inadmissible under federal immigration law, even if the offense was only a misdemeanor. Anyone who is not a U.S. citizen and is facing a protective order violation charge should consult with both a criminal defense attorney and an immigration attorney.

Housing

Rental housing applications frequently include background check components. A criminal conviction related to protective order violations can result in denial of housing applications.

What to Do If You Are Accused of a Violation

If you believe you may have violated a protective order, or if you have been accused of a violation, you should:

• Consult a criminal defense attorney immediately. The earlier an attorney is involved, the more options are typically available.
• Do not make additional contact with the protected person to explain or apologize. Any additional contact is an additional violation.
• Preserve evidence that may be relevant to the defense, such as communications showing the protected person initiated contact, or evidence establishing that you were not at the location alleged.
• Attend all court dates. Missing a court date on a protective order violation results in a bench warrant and compounds the legal problem significantly.

If you are a respondent subject to a protective order in Montgomery County, Radford, Pulaski, or elsewhere in the New River Valley and you have questions about what the order prohibits or what to do about an alleged violation, speaking with a criminal defense attorney is the most important step.

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This article is general information only and is not legal advice. Do not rely on this article to make decisions about your specific situation. Contact Valley Legal or another licensed Virginia attorney to discuss your case. Attorney advertising.

Valley Legal, PLLC is located at 107 Pepper St SE, Christiansburg, Virginia 24073, and serves clients throughout the New River Valley of Virginia, including Montgomery County, Blacksburg, Radford, Pulaski, and surrounding communities.