The repercussions of violating a Spotsylvania protective order can be serious and stressful to face alone. Know that the help of a skilled protective order lawyer can assist you in the fight for mitigation of these consequences. Become acquainted with the information below to learn more about the repercussions of violating a Spotsylvania protective order, as well as the benefits of contacting an expert Spotsylvania domestic violence lawyer early on in your case.
If somebody violates a protective order, each separate violation is going to be a Class 1 misdemeanor in the state of Virginia with a mandatory minimum term of confinement that is undefined by the statute but has to be some time that the judge cannot suspend. An individual has to be sentenced to some time in jail if they violate it, and the violations can be very easy to carry out depending on the order. If the protective order requires no contact, a violation could be as simple sending a text message, or calling their house even if they do not pick up. If it is a protective order that prevents someone from going near an individual they go within one foot of the specified radius, that is a violation. There does not have to be an intent to violate present, an individual just has to violate it for repercussions to kick in.
If a judge finds that somebody violated a protective order, the individual will be convicted of a Class 1 misdemeanor for every incident of violation, so if they sent three different text messages, it could potentially be three criminal charges that they would be convicted of. Each one of those charges could carry some mandatory term of confinement under the statute that they would have to serve some time in jail.
If an individual violates a Spotsylvania protective order while they are armed, that act is considered a Class 6 felony. An individual would potentially face prison time and would also have a felony on their record. If their violation is committing a violent act such as an assault and battery resulting in bodily injury or they are stalking the individual protected by the protective order, that is also a Class 6 felony. It is specifically more problematic because it comes up to a felony if an individual does any of those things and they have a several in a row. For example, if this violation is their second offense for a protective order and the offense is within five years with the first offense.
Imagine a scenario where an individual sends a text message violating a protective order and they are found guilty, and then within five years they did it again to the same party. One of the offenses was an act or a threat of violence, resulting in a mandatory minimum of 60 days. If this is their third or more offense and there are any acts of violence in any of their offenses, then it is considered a Class 6 felony in the state of Virginia with a mandatory minimum of six months in prison.
Alibi defenses are important in domestic violence cases. An attorney can use someone’s alibi to question a witness on whether or not the events in question actually occurred. A lawter may also question how the witness claims they can identify that person and whether that should be considered useful evidence in the case.
While considering the repercussions of a violating a Spotsylvania protective order can be a daunting situation, know that a professional Spotsylvania domestic violence lawyer can help by crafting an expert defense on your behalf and acting as an aggressive advocate for your case.
It is problematic to be convicted of violating a protective order and certainly it is something that a person needs to defend. An attorney can help you try avoiding associated consequences of a conviction.
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