Virginia criminal charge
Violation of protective orders in Virginia
Current through 2026 Virginia legislative session
Violation of protective orders is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-60.4. 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. § 18.2-60.4.
What is the penalty for violation of protective orders in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (First or second violation of protective order — A person violates any provision of a protective order issued under § 19.2-152.8, 19.2-152.9, or 19.2-152.10, absent the aggravating history described for felony treatment.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (First or second violation of protective order — A person violates any provision of a protective order issued under § 19.2-152.8, 19.2-152.9, or 19.2-152.10, absent the aggravating history described for felony treatment.; 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 within 20 years involving violence — A person commits a third or subsequent violation of a protective order within 20 years of the first conviction where either the instant or a prior offense was based on an act or threat of violence, excluding orders under § 19.2-152.10(C).; 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 within 20 years involving violence — A person commits a third or subsequent violation of a protective order within 20 years of the first conviction where either the instant or a prior offense was based on an act or threat of violence, excluding orders under § 19.2-152.10(C).; 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 was served, excluding orders under § 19.2-152.10(C).; 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 was served, excluding orders under § 19.2-152.10(C).; 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 in violation of protective order — The respondent commits assault and battery causing bodily injury to a protected party, or stalks a protected party in violation of § 18.2-60.3, while subject to a protective order (other than one under § 19.2-152.10(C)).; 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 in violation of protective order — The respondent commits assault and battery causing bodily injury to a protected party, or stalks a protected party in violation of § 18.2-60.3, while subject to a protective order (other than one under § 19.2-152.10(C)).; 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 entry or unlawful remaining in protected party's home — A person violates a protective order by furtively entering the home of a protected party while present, or by entering and remaining until the party arrives, excluding orders under § 19.2-152.10(C).; 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 entry or unlawful remaining in protected party's home — A person violates a protective order by furtively entering the home of a protected party while present, or by entering and remaining until the party arrives, excluding orders under § 19.2-152.10(C).; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is violation of protective orders classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First or second violation of protective order | Class 1 Misdemeanor | A person violates any provision of a protective order issued under § 19.2-152.8, 19.2-152.9, or 19.2-152.10, absent the aggravating history described for felony treatment. | Va. Code Ann. § 18.2-60.4A |
| Third or subsequent violation within 20 years involving violence | Class 6 Felony | A person commits a third or subsequent violation of a protective order within 20 years of the first conviction where either the instant or a prior offense was based on an act or threat of violence, excluding orders under § 19.2-152.10(C). | Va. Code Ann. § 18.2-60.4A |
| 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 was served, excluding orders under § 19.2-152.10(C). | Va. Code Ann. § 18.2-60.4B |
| Assault and battery or stalking in violation of protective order | Class 6 Felony | The respondent commits assault and battery causing bodily injury to a protected party, or stalks a protected party in violation of § 18.2-60.3, while subject to a protective order (other than one under § 19.2-152.10(C)). | Va. Code Ann. § 18.2-60.4C |
| Furtive entry or unlawful remaining in protected party's home | Class 6 Felony | A person violates a protective order by furtively entering the home of a protected party while present, or by entering and remaining until the party arrives, excluding orders under § 19.2-152.10(C). | Va. Code Ann. § 18.2-60.4C |
Common questions about violation of protective orders in Virginia
Is violation of protective orders a felony or a misdemeanor in Virginia?
It depends on the circumstances: violation of protective orders ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-60.4.
First or second violation of protective order: class 1 misdemeanor (Va. Code Ann. § 18.2-60.4A) · Third or subsequent violation within 20 years involving violence: class 6 felony (Va. Code Ann. § 18.2-60.4A) · Violation while armed with a firearm or deadly weapon: class 6 felony (Va. Code Ann. § 18.2-60.4B) · Assault and battery or stalking in violation of protective order: class 6 felony (Va. Code Ann. § 18.2-60.4C) · Furtive entry or unlawful remaining in protected party's home: class 6 felony (Va. Code Ann. § 18.2-60.4C)
What are the penalties for violation of protective orders in Virginia?
Which Virginia statute covers violation of protective orders?
Violation of protective orders is governed by Va. Code Ann. § 18.2-60.4 (Violation of protective orders; 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.