The Emergency Protective Order (EPO) is issued by the court for three days as an immediate response to the victim’s plea against the abuse. The trial for the EPO are short and do not require extensive evidence, they can be issued even with a minor evidence. The victim should always carry the protective order or the effect will be lost. The Emergency Protective Order (EPO) is a legal order issued for the protection of an alleged victim if the victim may be of any act of threat, force or violence which leads to any kind of physical harm, sexual attack, threats to life or other damage.
In Virginia, an Emergency protective order is a serious legal documented matter which restricts a person from contacting the alleged victim. It is usually issued in case of a child custody or a divorce case. It is a legal document signed by a magistrate or by a judge and it must be obeyed.
A person would be convicted of violating the Emergency Protective Order is considered to have committed a Class 1 felony or misdemeanor for this crime and if this violation is repeated then the violator will face two criminal convictions. This violation have serious consequences and simply increase from fine to serving an active jail time.
Type of penalties in case of violation of emergency protective order:
Class 1 misdemeanor:
If the violator comes within 1000 feet of the victim, they are violating the provision of the emergency protective order which can send the convicted to jail up to 12 months and with a fine up to $2500, a Class 1 misdemeanor in legal term according to the Strict laws of Virginia.
Class 6 felony:
- Attacking or threatening the victim with any deadly weapon or a firearm is the severe violation of the emergency protective order. The convicted will be guilty of a Class 6 felony in addition to any other penaltyprovided by law.
- A physical harm or assault and even stalking of a person protected by law is the violation of the emergency protective order and leads to a Class 6 felony.
- Entering the home of a protected party in his or her presence or absence until the party reaches home is also the severe violation of the protective orders and punishable under a Class 6 felony, in addition to any other punishmentprovided by law.
- Any other convictionof any offense for which a compulsory least period of imprisonment is not specified, the individual shall be retained in the jail for a specific period and no suspension in the imposed term is allowed.
For the correct guidance and help in the legal work contact us the SRIS law group attorney and lawyers. We guide you step by step and collect evidence in the 3 day EPO to extend your protective order to 2 years and provide you with a stress-free life.
The experts and attorney, SRIS Law group
Call us at 888-437-7747