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violating a restraining order
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Hope it helps. Best to you.
Virginia Code § 18.2-119. Trespass after having been forbidden to do so;
penalties.
If any person without authority of law goes upon or remains upon the lands, buildings or
premises of another, or any portion or area thereof, after having been forbidden to do
so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in
charge thereof, or after having been forbidden to do so by a sign or signs posted by
such persons or by the holder of any easement or other right-of-way authorized by the
instrument creating such interest to post such signs on such lands, structures, premises
or portion or area thereof at a place or places where it or they may be reasonably seen,
or if any person, whether he is the owner, tenant or otherwise entitled to the use of such
land, building or premises, goes upon, or remains upon such land, building or premises
after having been prohibited from doing so by a court of competent jurisdiction by an
order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-
278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or §
19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been
served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall
not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.
§ 18.2-60.4. Violation of protective orders; penalty.
Any person who violates any provision of a protective order issued pursuant to § 19.2-
152.8, 19.2-152.9 or 19.2-152.10 is guilty of a Class 1 misdemeanor. Conviction
hereunder shall bar a finding of contempt for the same act. The punishment for any
person convicted of a second offense of violating a protective order, when the offense is
committed within five years of the prior conviction and when either the instant or prior
offense was based on an act or threat of violence, shall include a mandatory minimum
term of confinement of 60 days. Any person convicted of a third or subsequent offense
of violating a protective order, when the offense is committed within 20 years of the first
conviction and when either the instant or one of the prior offenses was based on an act
or threat of violence, is guilty of a Class 6 felony and the punishment shall include a
mandatory minimum term of confinement of six months.
If the respondent commits an assault and battery upon any party protected by the
protective order resulting in serious bodily injury to the party, he is guilty of a Class 6
felony. Any person who violates such a protective order by furtively entering the home
of any protected party while the party is present, or by entering and remaining in the
home of the protected party until the party arrives, is guilty of a Class 6 felony, in
addition to any other penalty provided by law.
Upon conviction of any offense hereunder for which a mandatory minimum term of
confinement is not specified, the person shall be sentenced to a term of confinement
and in no case shall the entire term imposed be suspended.
Upon conviction, the court shall, in addition to the sentence imposed, enter a protective
order pursuant to § 19.2-152.10 for a specified period not exceeding two years from the
date of conviction.
(1998, c. 569; 2003, c. 219; 2011, cc. 445, 480.)
Okay...It's my understanding that when someone violates parole, they go immediately back to jail without a trial (since they're essentially just getting a change in sentence for violating the terms). Is the same true for violating a restraining order? Does it matter if the RO was placed as part of the defendant's sentence, rather than filed by the victim? What kind of proof is required to show the aggressor violated the RO? My book takes place in Virginia (Fairfax County), btw, in case that matters/helps. Thanks!!
Gwen