Restraining Orders

If the abuser violates the protective order, there are two general options. You can file a violation petition in the court that issued the order and ask the judge to hold the abuser in civil contempt. Another option is that you can call the police to report the violation, and the abuser can be arrested, fined, or even jailed for violating the protective order. Even if you think it is a minor violation, it can be a crime and contempt of court if the abuser knowingly violates the order in any way.

It is a good idea to write down the names of the responding officers and their badge numbers in case you want to follow up on your case. You should also make sure the police or sheriff writes a report on the incident, even if the abuser is not arrested, because this is required under Virginia law.¹ The report could be valuable documentation if you try to modify or extend your order.

It can be a Class 1 misdemeanor when the abuser violates the part of the order that prohibits him/her from:

• going to or remaining on land, buildings, or premises;
• committing family abuse;
• committing a criminal offense; or
• contacting you or your family or household members.²

It can be a Class 6 felony if the abuser:

• secretly enters your home while you are there;
• secretly enters your home while you are not there, but stays until you arrive;
• commits an assault and battery that results in bodily injury against you or anyone else protected by the order;
• stalks you or anyone else protected by the order;
• violates any provision of the protective order while knowingly armed with a firearm or other deadly weapon;³ or
• is convicted of a third or subsequent offense of violating the protective order within 20 years of the first conviction, and any of the offenses are based on an act or threat of violence.²

The abuser can be prosecuted in any of the counties where:

• the protective order was issued;
• the violation took place; or
• you lived when the violation took place.⁴

When any criminal offense is committed by an abuser against a family or household member, the court has the option to put conditions and limitations on the abuser that can include treatment and counseling for the abuser and requiring that the abuser pay for crisis shelter care for the victim.⁵

If there is a Military Protective Order against the abuser issued by a commanding officer in the U.S. Armed Forces or National Guard of any state that is registered in the National Crime Information Center, law enforcement must notify the commanding officer or military law enforcement officer or agency of the abuser’s violation.⁶

¹ See Va. Code § 19.2-81.3(D)
² Va. Code § 16.1-253.2(A)
³ Va. Code § 16.1-253.2(B), (C)
⁴ Va. Code §§ 16.1-253.2(E); 18.2–60.4(F)
⁵ Va. Code §§ 16.1-278.14
⁶ Va. Code §§ 16.1-253.2(F); 18.2-60.4(G)