16.1-253.2 - Violation of provisions of protective orders; penalty.
§ 16.1-253.2. Violation of provisions of protective orders; penalty.
In addition to any other penalty provided by law, any person who violates anyprovision of a protective order issued pursuant to §§ 16.1-253, 16.1-253.1,16.1-253.4, 16.1-278.14, 16.1-279.1 or subsection B of § 20-103, whichprohibits such person from going or remaining upon land, buildings orpremises or from further acts of family abuse, or which prohibits contactsbetween the respondent and the respondent's family or household member as thecourt deems appropriate is guilty of a Class 1 misdemeanor. The punishmentfor any person convicted of a second offense of violating a protective order,when the offense is committed within five years of the prior conviction andwhen either the instant or prior offense was based on an act or threat ofviolence, shall include a mandatory minimum term of confinement of 60 days.Any person convicted of a third or subsequent offense of violating aprotective order, when the offense is committed within 20 years of the firstconviction and when either the instant or one of the prior offenses was basedon an act or threat of violence is guilty of a Class 6 felony and thepunishment shall include a mandatory minimum term of confinement of sixmonths.
If the respondent commits an assault and battery upon any party protected bythe protective order, resulting in serious bodily injury to the party, he isguilty of a Class 6 felony. Any person who violates such a protective orderby furtively entering the home of any protected party while the party ispresent, or by entering and remaining in the home of the protected partyuntil the party arrives, is guilty of a Class 6 felony, in addition to anyother penalty provided by law.
Upon conviction of any offense hereunder for which a mandatory minimum termof confinement is not specified, the person shall be sentenced to a term ofconfinement and in no case shall the entire term imposed be suspended. Uponconviction, the court shall, in addition to the sentence imposed, enter aprotective order pursuant to § 16.1-279.1 for a specified period notexceeding two years from the date of conviction.
(1987, c. 700; 1988, c. 501; 1991, cc. 534, 715; 1992, c. 886; 1996, c. 866;2003, c. 219; 2004, cc. 972, 980; 2007, cc. 745, 923.)