Virginia criminal charge
Violation of provisions of protective orders in Virginia
Current through 2026 Virginia legislative session
Violation of provisions of protective orders is a criminal offense under Virginia law, defined by Va. Code Ann. § 16.1-253.2. 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. § 16.1-253.2.
What is the penalty for violation of provisions of protective orders in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (First offense violation of protective order — A person violates a provision of a protective order prohibiting entry onto land/buildings/premises, further acts of family abuse, committing a criminal offense, or prohibited contacts, without qualifying as a second or subsequent violence-related offense.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (First offense violation of protective order — A person violates a provision of a protective order prohibiting entry onto land/buildings/premises, further acts of family abuse, committing a criminal offense, or prohibited contacts, without qualifying as a second or subsequent violence-related offense.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Third or subsequent violation involving violence within 20 years — A person is convicted of a third or subsequent violation of a protective order committed within 20 years of the first conviction where either the instant or a prior offense was based on an act or threat of violence, carrying a mandatory minimum of six months confinement.; 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 (Third or subsequent violation involving violence within 20 years — A person is convicted of a third or subsequent violation of a protective order committed within 20 years of the first conviction where either the instant or a prior offense was based on an act or threat of violence, carrying a mandatory minimum of six months confinement.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Violation while armed with a firearm or deadly weapon — A person knowingly armed with a firearm or other deadly weapon violates a protective order with which he has been served.; 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 (Violation while armed with a firearm or deadly weapon — A person knowingly armed with a firearm or other deadly weapon violates a protective order with which he has been served.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Assault and battery or stalking of protected party — The respondent commits an assault and battery upon a protected party resulting in bodily injury, or stalks a protected party in violation of § 18.2-60.3.; 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 (Assault and battery or stalking of protected party — The respondent commits an assault and battery upon a protected party resulting in bodily injury, or stalks a protected party in violation of § 18.2-60.3.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Furtive or unlawful entry into home of protected party — The respondent furtively enters the home of a protected party while present, or enters and remains in the home until the party arrives, in violation of the protective order.; 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 (Furtive or unlawful entry into home of protected party — The respondent furtively enters the home of a protected party while present, or enters and remains in the home until the party arrives, in violation of the protective order.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is violation of provisions of protective orders classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First offense violation of protective order | class 1 misdemeanor | A person violates a provision of a protective order prohibiting entry onto land/buildings/premises, further acts of family abuse, committing a criminal offense, or prohibited contacts, without qualifying as a second or subsequent violence-related offense. | Va. Code Ann. § 16.1-253.2A |
| Third or subsequent violation involving violence within 20 years | class 6 felony | A person is convicted of a third or subsequent violation of a protective order committed within 20 years of the first conviction where either the instant or a prior offense was based on an act or threat of violence, carrying a mandatory minimum of six months confinement. | Va. Code Ann. § 16.1-253.2A |
| Violation while armed with a firearm or deadly weapon | class 6 felony | A person knowingly armed with a firearm or other deadly weapon violates a protective order with which he has been served. | Va. Code Ann. § 16.1-253.2B |
| Assault and battery or stalking of protected party | class 6 felony | The respondent commits an assault and battery upon a protected party resulting in bodily injury, or stalks a protected party in violation of § 18.2-60.3. | Va. Code Ann. § 16.1-253.2C |
| Furtive or unlawful entry into home of protected party | class 6 felony | The respondent furtively enters the home of a protected party while present, or enters and remains in the home until the party arrives, in violation of the protective order. | Va. Code Ann. § 16.1-253.2C |
Common questions about violation of provisions of protective orders in Virginia
Is violation of provisions of protective orders a felony or a misdemeanor in Virginia?
It depends on the circumstances: violation of provisions of protective orders ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 16.1-253.2.
First offense violation of protective order: class 1 misdemeanor (Va. Code Ann. § 16.1-253.2A) · Third or subsequent violation involving violence within 20 years: class 6 felony (Va. Code Ann. § 16.1-253.2A) · Violation while armed with a firearm or deadly weapon: class 6 felony (Va. Code Ann. § 16.1-253.2B) · Assault and battery or stalking of protected party: class 6 felony (Va. Code Ann. § 16.1-253.2C) · Furtive or unlawful entry into home of protected party: class 6 felony (Va. Code Ann. § 16.1-253.2C)
What are the penalties for violation of provisions of protective orders in Virginia?
Which Virginia statute covers violation of provisions of protective orders?
Violation of provisions of protective orders is governed by Va. Code Ann. § 16.1-253.2 (Violation of provisions of protective orders; penalties).
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.