by Faraji Rosenthall | Apr 6, 2015 | Protective Order
What Should I do if I Have Violated a Protective Order in Fairfax County, Virginia? Judges do not like to be disobeyed. It is a sign that an individual is incapable of following the law even when he has been dragged into court and told what not to do. Protective orders are examples of a judicial command that are fairly common in Fairfax County, Virginia. They usually are issued as the result of an alleged domestic violence situation. Domestic violence arrests carry an automatic protective order for a 72 hour period. They can even be issued prior to a conviction if there are already charges pending or even if there is probable cause that another violent act will occur. Violating a protective order is a Class 1 Misdemeanor. It carries a penalty of up to 12 months in jail and fine of up $2,500.00. As well, the statute says that “in no case” will all of the ordered jail time be suspended. This means that a conviction under the statute will lead to at least one day in lock-up. A second offense within five years carries 60 days of mandatory jail time and a third offense in twenty years is a felony. A conviction for violating a protective order will also result in a renewal of the order for a two year period. A protective order will also show up on background checks and will prevent acquiring a license to own a firearm. What Kind of Defenses Exist? The good news is that defenses do sometimes exist for violations of protective orders. In many cases, the only evidence that...
