Virginia criminal charge
Violation of court order regarding custody and visitation in Virginia
Violation of court order regarding custody and visitation is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-49.1. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-49.1.
What is the penalty for violation of court order regarding custody and visitation in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 5 years (Withholding child from parent/guardian in violation of custody order — outside the Commonwealth — A person knowingly, wrongfully, and intentionally withholds a child from a parent or legal guardian in clear and significant violation of a custody/visitation order, and the child is withheld outside of Virginia.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Withholding child from parent/guardian in violation of custody order — outside the Commonwealth — A person knowingly, wrongfully, and intentionally withholds a child from a parent or legal guardian in clear and significant violation of a custody/visitation order, and the child is withheld outside of Virginia.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $500 (Violation of custody/visitation order — first offense — A person knowingly, wrongfully, and intentionally engages in conduct constituting a clear and significant violation of a custody or visitation order, for a first conviction.; fine only — no jail (§ 18.2-11(c))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 6 months (Violation of custody/visitation order — second offense within 12 months — A second violation of the section occurs within 12 months of a first conviction.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $1,000 (Violation of custody/visitation order — second offense within 12 months — A second violation of the section occurs within 12 months of a first conviction.; either or both with confinement (§ 18.2-11(b))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 12 months (Violation of custody/visitation order — third offense within 24 months — A third violation of the section occurs within 24 months of the first conviction.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Violation of custody/visitation order — third offense within 24 months — A third violation of the section occurs within 24 months of the first conviction.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is violation of court order regarding custody and visitation classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Withholding child from parent/guardian in violation of custody order — outside the Commonwealth | Class 6 Felony | A person knowingly, wrongfully, and intentionally withholds a child from a parent or legal guardian in clear and significant violation of a custody/visitation order, and the child is withheld outside of Virginia. | Va. Code Ann. § 18.2-49.1A |
| Violation of custody/visitation order — first offense | Class 3 Misdemeanor | A person knowingly, wrongfully, and intentionally engages in conduct constituting a clear and significant violation of a custody or visitation order, for a first conviction. | Va. Code Ann. § 18.2-49.1B |
| Violation of custody/visitation order — second offense within 12 months | Class 2 Misdemeanor | A second violation of the section occurs within 12 months of a first conviction. | Va. Code Ann. § 18.2-49.1B |
| Violation of custody/visitation order — third offense within 24 months | Class 1 Misdemeanor | A third violation of the section occurs within 24 months of the first conviction. | Va. Code Ann. § 18.2-49.1B |
Common questions about violation of court order regarding custody and visitation in Virginia
Is violation of court order regarding custody and visitation a felony or a misdemeanor in Virginia?
It depends on the circumstances: violation of court order regarding custody and visitation ranges from a class 3 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-49.1.
Withholding child from parent/guardian in violation of custody order — outside the Commonwealth: class 6 felony (Va. Code Ann. § 18.2-49.1A) · Violation of custody/visitation order — first offense: class 3 misdemeanor (Va. Code Ann. § 18.2-49.1B) · Violation of custody/visitation order — second offense within 12 months: class 2 misdemeanor (Va. Code Ann. § 18.2-49.1B) · Violation of custody/visitation order — third offense within 24 months: class 1 misdemeanor (Va. Code Ann. § 18.2-49.1B)
What are the penalties for violation of court order regarding custody and visitation in Virginia?
Penalties for violation of court order regarding custody and visitation in Virginia depend on how it is classified — from a class 3 misdemeanor up to a class 6 felony — with the ranges set by Va. Code Ann. § 18.2-10 and Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.
Which Virginia statute covers violation of court order regarding custody and visitation?
Violation of court order regarding custody and visitation is governed by Va. Code Ann. § 18.2-49.1 (Violation of court order regarding custody and visitation; penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.