Statutory questions

Violating a Protective Order in Virginia: § 16.1-253.2

Sources checked October 31, 2026 against the Code of Virginia. Information only, not legal advice.

A protective order is a court order, and breaking a term of one can be a crime or contempt of court in Virginia. What follows depends on the kind of order, the term that was broken and any earlier offenses, from contempt or a Class 1 misdemeanor up to a Class 6 felony with mandatory jail time.

At a glance

Family abuse orders

Violations fall under Va. Code § 16.1-253.2.

Other protective orders

Orders under §§ 19.2-152.8 to 19.2-152.10 fall under § 18.2-60.4.

Starting penalty

A Class 1 misdemeanor: up to 12 months in jail, a fine up to $2,500, or both.

Arrest

An officer may arrest without a warrant on probable cause, even if the officer did not see it. For § 16.1-253.2, an officer generally must arrest the predominant physical aggressor (§ 19.2-81.3).

Which statute applies

It turns on what kind of order was issued. Va. Code § 16.1-253.2 covers family abuse orders: emergency orders under § 16.1-253.4, preliminary orders under § 16.1-253.1, orders under § 16.1-278.14, final orders under § 16.1-279.1, orders under § 20-103(B), and qualifying orders from other places entitled to full faith and credit. Va. Code § 18.2-60.4 covers protective orders issued under §§ 19.2-152.8, 19.2-152.9 and 19.2-152.10, which rest on an act of violence, force or threat. A child-focused preliminary protective order under § 16.1-253 sits outside both: § 16.1-253(J) makes a violation contempt of court, or a Class 1 misdemeanor if it endangers the child's life or health or results in bodily injury to the child. The guide to types of protective orders explains each one.

Section 16.1-253.2 reaches provisions that bar someone from going to or staying on premises, from further family abuse or a criminal offense, or from contact with the protected person or family or household members. Section 18.2-60.4 is worded to cover any provision of the order. For a family abuse order, breaking a term outside the § 16.1-253.2 list is generally contempt of court: "Except as otherwise provided in § 16.1-253.2, a violation of the order shall constitute contempt of court" (§ 16.1-279.1(D); see also §§ 16.1-253.1(C) and 16.1-253.4(L)).

Penalties side by side

Penalties for violating a Virginia protective order
Situation	§ 16.1-253.2	§ 18.2-60.4
Violation of a covered provision	Class 1 misdemeanor	Class 1 misdemeanor
Second offense within 5 years of the prior conviction, with an act or threat of violence in either offense	Mandatory minimum 60 days	Mandatory minimum 60 days*
Third or later offense within 20 years of the first conviction, with an act or threat of violence in this or a prior offense	Class 6 felony, mandatory minimum 6 months	Class 6 felony, mandatory minimum 6 months*
Knowingly armed with a firearm or other deadly weapon, after service of the order	Class 6 felony	Class 6 felony*
Assault and battery on a protected party causing bodily injury, or stalking a protected party	Class 6 felony	Class 6 felony*
Furtively entering the protected party's home while they are there, or entering and staying until they arrive	Class 6 felony	Class 6 felony*

* Section 18.2-60.4 excludes orders under § 19.2-152.10(C) from these rows, though its stalking clause does not repeat the exclusion, so how that clause applies to those orders is unclear. The armed offense in § 16.1-253.2(B) lists Virginia orders only. Mandatory minimum terms run consecutively with any other sentence.

Class 1 misdemeanors carry up to 12 months in jail, a fine up to $2,500, or both (§ 18.2-11). Class 6 felonies carry one to five years, or at the discretion of the jury or court up to 12 months in jail and a fine up to $2,500, either or both (§ 18.2-10). Section 16.1-253.2 adds its penalties to any other penalty provided by law.

What else follows a conviction

Where no mandatory minimum applies, the court must impose confinement and cannot suspend all of it (§ 16.1-253.2(D); § 18.2-60.4(D)).
The court must enter a new protective order for up to two years from the date of conviction, under § 16.1-279.1 after a § 16.1-253.2 conviction or under § 19.2-152.10 after a § 18.2-60.4 conviction.
The case can be prosecuted where the order was issued, where any act of the violation happened, or where the protected party lived at the time (§ 16.1-253.2(E); § 18.2-60.4(F)).
If a Military Protective Order against the same person is registered in NCIC, police must tell the military agency or commanding officer (§ 16.1-253.2(F); § 18.2-60.4(G)).

If you are protected by an order

Keep a copy of the order with you and write down dates, times and any witnesses. Report a suspected violation to police. Section 19.2-81.3 lets them arrest without a warrant on probable cause, and in many family abuse cases requires an arrest. Extending a final order is a separate request: § 16.1-279.1(B) lets a petitioner file a written motion for a hearing before the order expires. The protective orders overview covers how orders are obtained.

Firearms while an order is in effect

Firearms law applies separately from the penalties above. Under § 18.2-308.1:4:

Purchasing or transporting a firearm while subject to a listed protective order is a Class 1 misdemeanor, and a concealed handgun permit must be surrendered to the court (subsection A).
Knowingly possessing a firearm while subject to an order under § 16.1-279.1 or § 19.2-152.10 is a Class 6 felony, with a 24-hour window after service to surrender, sell or transfer it as the section allows (subsection B).
The court must explain these duties when it issues such an order, including written certification (subsection C).

If you are named in an order

Read every condition, including the ones about third parties and places. If you think a term is wrong or needs to change, the route is the court. Either party may file a motion to dissolve or modify a preliminary order (§ 16.1-253.1) or a final order (§ 16.1-279.1(G)). A respondent may file one against an emergency order (§ 16.1-253.4(C)), and § 19.2-152.10(H) covers orders under that chapter. A charge is a criminal matter with possible jail time, so speak to a defense lawyer. The legal aid page lists places to start. Related conduct in custody cases is covered under § 18.2-49.1 and order violations.

Common questions

Answers are general information only, not legal advice for a specific situation.

What is the penalty for violating a protective order in Virginia?

A first violation of a covered provision is a Class 1 misdemeanor, which carries up to 12 months in jail, a fine up to $2,500, or both. Repeat violations involving violence, being armed, assault and battery causing injury, stalking and furtive entry into the protected person's home can bring mandatory jail terms or a Class 6 felony. See §§ 16.1-253.2 and 18.2-60.4.

Can a person be arrested without a warrant for violating a protective order?

Yes. Under § 19.2-81.3(A), an officer with arrest powers may arrest without a warrant for an alleged violation of § 16.1-253.2 or § 18.2-60.4, even if it did not happen in the officer's presence, when the arrest rests on probable cause, personal observation, a reasonable complaint from someone who saw it, or personal investigation. Under § 19.2-81.3(B) and (C), on probable cause of a § 16.1-253.2 violation, or a § 18.2-60.4 violation involving physical aggression, an officer shall arrest the predominant physical aggressor unless special circumstances dictate otherwise.

Is a text message a violation?

It can be. § 16.1-253.2 covers a provision prohibiting contact with the protected person or family or household members as the court deems appropriate, so the wording of the order matters. Read the order itself, and ask a lawyer or legal aid office about a specific message.

What if the protected person agrees to contact?

The order stays in force until it expires or a court changes it. Anyone wanting a change should go back to the court. Either party may file a motion to dissolve or modify a preliminary order (§ 16.1-253.1) or a final order (§ 16.1-279.1(G)).

Does a conviction always mean jail?

Where no mandatory minimum applies, § 16.1-253.2(D) says the person shall be sentenced to confinement and the entire term may not be suspended. The court must also enter a protective order for up to two years from the date of conviction. § 18.2-60.4(D) and (E) are parallel, with the new order under § 19.2-152.10.

Legal sources

Checked on October 31, 2026. Read the current text before relying on it.