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  1. #1
    Join Date
    Jun 2012

    Default What Happens when the Petitioner of a Protection Order Violates It in Virginia

    My daughter was granted a year long protection order against her husband in the state of Virginia.
    It was not a *no contact order*, since they have a child together and the judge made my daughter give her husband her new phone number,
    so he could call about his daughter.
    As soon as the order was issued her husband went to rehab, where he stayed for 3 months.
    When he came out she let him move back home. He fell off the wagon, started using again and
    last week he hit her.
    She called the police and he is now sitting in jail.
    When they go to court over this assault, my daughter is worried about what is going to happen to her because she violated the PO and let him come home.
    Will she be charged with something?
    Is she facing possible jail time?
    Will a judge be willing to issue her a new protection order? ( the current one expires at the end of this month)
    Will a judge understand she was trying to put her family back together and thought her husband was too, since he willingly went to rehab?

    Thank you for any help

  2. #2

    Default Re: What Happens when the Petitioner of a Protection Order Violates It in Virginia

    The protection from abuse order applied only to him. She doesn't face any criminal charge for him violating the order. HOWEVER, because she exposed the CHILD to someone that she sought an order against, and who later committed violence against her after she willingly allowed him back, she IS at risk of child protective services getting involved and potentially removing the child (Google the term "failure to protect"). It's about the CHILD at this point. Courts can't generally stop an adult from exposing themselves to whatever they wish, but the courts will NOT stand by while an innocent child is exposed. If she wants to keep her child, now that there has been a series of incidents, she needs to stay away from him.
    Catherine NeSmith
    Executive Director, Inc.

    Fave Big Bang Theory site: Sheldon Cooper Fans

  3. #3
    Join Date
    Jun 2012

    Default Re: What Happens when the Petitioner of a Protection Order Violates It in Virginia

    Thank you for your response

    - - - Updated - - -

    I forgot to add. At no time was the father not aloud near their daughter. In fact my daughter had changed her phone number so he couldn't call and harass her and the judge made her give the new number to him so they could set up visatation and so he could check on their child.

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