Violating a Manassas Protective Order

Virginia courts take protective orders very seriously. Because protective orders are strictly enforced, an individual who violates a protective order while their case is pending will be arrested again and brought before a judge who will revoke their bond. Under such circumstances, the defendant will be required to remain in jail while they await trial.

There are serious repercussions for violating a protective order in Manassas, and if you are facing more penalties for this offense, a domestic violence attorney who has worked with protective orders in Manassas will be able to help.

Self Reporting a Violation

If an individual has petitioned the court for a protective order and believes that order has been violated, they have a few options available. They may report the violation to the police, who may issue an arrest warrant. Alternatively, they may go before a magistrate who may issue an arrest warrant. Finally, they may file a petition with the court that entered the protective order to find the other party to be in contempt of the original order.

Repercussions of Violation

If a judge finds an individual to be in violation of a protective order, they have the ability to fine that individual or, more commonly, to incarcerate that individual for a period of time. While there are a number of alternative penalties the court may choose in lieu of imprisoning an individual for violating a protective order, such as probation, however, such alternatives are exceedingly rare. Generally, the court will impose a fine and or a period of incarceration.

Evidence

In order for a protective order to be violated, there must exist evidence that an individual who has been ordered not to have contact with another individual, in fact, had contact with that individual. Therefore, in order to establish that an individual did not violate a protective order, it is necessary for that individual’s counsel to collect phone records, email records, text records, and other electronic forms of evidence that would independently show that no contact had been made.

Most frequently, alleged violations of protective orders in Manassas involve the use of electronic communication. Therefore, it is important that an individual who is defending against an alleged violation have each form of independent record at their disposal in order to persuade a judge that no violation occurred.

Contacting a Lawyer

If an individual has been accused of violating a Manassas protective order, they have been accused of a crime that may result in incarceration. Moreover, such a violation may result in an extension of the existing protective order or significant fines. Thus, the potential consequences of such an accused violation are high.

Because of this, it is important that an individual who has been accused of violating a protective order in Manassas have the advice of experienced counsel to assist them and to do everything possible to reduce the potential consequences.