Virginia Code

Va. Code Ann. § 18.2-60.4 (2026)

Violation of protective orders; penalty

✓ current as of May 2026
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A. 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, other than a protective order issued pursuant to subsection C of § 19.2-152.10, 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, other than a protective order issued pursuant to subsection C of § 19.2-152.10, 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. The mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence.

B. In addition to any other penalty provided by law, any person who, while knowingly armed with a firearm or other deadly weapon, violates any provision of a protective order with which he has been served issued pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10, other than a protective order issued pursuant to subsection C of § 19.2-152.10, is guilty of a Class 6 felony.

C. If the respondent commits an assault and battery upon any party protected by the protective order, other than a protective order issued pursuant to subsection C of § 19.2-152.10, resulting in bodily injury to the party or stalks any party protected by the protective order in violation of § 18.2-60.3, he is guilty of a Class 6 felony. Any person who violates such a protective order, other than a protective order issued pursuant to subsection C of § 19.2-152.10, 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.

D. 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.

E. 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.

F. A violation of this section may be prosecuted in the jurisdiction where the protective order was issued, in any county, city, or town where any act constituting the violation of the protective order occurred, or in the jurisdiction where the party protected by the protective order resided at the time of such violation.

G. Upon a violation of this section, if a Military Protective Order issued by a commanding officer in the Armed Forces of the United States, the Virginia National Guard, or the National Guard of any other state against a person under such officer's command and registered in the National Crime Information Center (NCIC) has been issued against the same defendant, the law-enforcement officer or agency shall inform the military law-enforcement officer or agency that entered the Military Protective Order into the NCIC or the commanding officer who issued the Military Protective Order of such violation telephonically, in writing, via email, via text, or by any other routine means of interagency communication.

1998, c. 569; 2003, c. 219; 2011, cc. 445, 480; 2013, cc. 761, 774; 2016, cc. 583, 585, 638; 2020, cc. 487, 1005; 2024, cc. 108, 118; 2025, cc. 208, 217.

Notes of Decisions
Cited in 13 cases (9 in the last 5 years), 2008–2026 · leading case: James David Hazelwood v. Commonwealth of Virginia (Va. Ct. App. 2026).
James David Hazelwood v. Commonwealth of Virginia (Va. Ct. App. 2026). · cites it 20× “1), and three counts of violation of a protective order (Code § 18.2-60.4). Hazelwood argues the evidence was insufficient to prove he engaged in explicitly simulated acts of masturbation, contending that conviction requires conduct that a reasonable observer would perceive as…”
Brian Lester Walton, Sr. v. Commonwealth of Virginia (Va. Ct. App. 2015). · cites it 32× “(appellant) appeals the jury’s verdict finding him guilty of a Class 6 felony for violating a protective order, third offense, under Code § 18.2-60.4. On appeal to this Court, appellant argues that the evidence was insufficient to support his conviction and that the jury was not…”
Robert Shu-Fan Kao v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 8× “1 Code § 18.2-60.4 elevates a misdemeanor violation of a protective order to a felony when a “person [is] .”
Dacha v. Commonwealth of Virginia (E.D. Va. 2025). · cites it 5× “See Va. Code § 18.2-60.4 (West 2025). Petition, the action will be DISMISSED for lack of jurisdiction.”
David Grey Jordan, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2011). · cites it 6× “3, and violating a protective order, in violation of Code § 18.2-60.4. Appellant contends the trial court erred by instructing the jury that the facts and circumstances relating to a prior charge, which ultimately resulted in a favorable disposition for appellant, could be…”
David Allen Peters v. Commonwealth of Virginia (Va. Ct. App. 2016). · cites it 2× “The trial court convicted David Allen Peters of two counts of violating a protective order, Code § 18.2-60.4. It also found that he violated the terms of his suspended sentences on nineteen misdemeanor convictions.”
Marques Dominick Johnson v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 2× “Marques Johnson (“appellant”) was convicted of violation of a protective order, in violation of Code § 18.2-60.4. On appeal, he argues that the Alexandria Circuit Court (“the trial court”) erred in convicting him because the Commonwealth failed to prove that he entered upon the…”
Osman Osman v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× “For example, Code § 18.2-60.4(A) states: “Any person who violates any provision of a protective order issued pursuant to § 19.”
Danny Eugene Hearn, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 2× “Code §§ 18.2-60.4(C), -26, -32.1 On appeal, Hearn asserts that the evidence was insufficient to prove he had notice of a protective order and that he intended to kill the victim.”
Biro v. Dir. of the VA DOC (E.D. Va. 2024). · cites it 2× “36544, violation of a protective order in violation of Virginia Code § 18.2-60.4 on March 15, 2021; and Case No.”
Kendrick v. Edmonds (W.D. Va. 2022). · cites it 2× “2-137 , violation of a protective order in violation of Va. Code Ann. § 18.2-60.4 (C), and stalking in violation of Va.”
Kendrick v. Edmonds (W.D. Va. 2023). · cites it 2× “2-137 , a felony violation of a protective order in violation of Va. Code Ann. § 18.2-60.4 (C), and a felony stalking in violation of Va.”
Va. Code Ann. § 18.2-60.4(A): 2 cases
James David Hazelwood v. Commonwealth of Virginia (Va. Ct. App. 2026). “1), and three counts of violation of a protective order (Code § 18.2-60.4). Hazelwood argues the evidence was insufficient to prove he engaged in explicitly simulated acts of masturbation, contending that conviction requires conduct that a reasonable observer would perceive as…”
Osman Osman v. Commonwealth of Virginia (Va. Ct. App. 2023). “For example, Code § 18.2-60.4(A) states: “Any person who violates any provision of a protective order issued pursuant to § 19.”
Va. Code Ann. § 18.2-60.4(B): 1 case
Robert Shu-Fan Kao v. Commonwealth of Virginia (Va. Ct. App. 2024). “1 Code § 18.2-60.4 elevates a misdemeanor violation of a protective order to a felony when a “person [is] .”
Va. Code Ann. § 18.2-60.4(C): 1 case
Danny Eugene Hearn, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2024). “Code §§ 18.2-60.4(C), -26, -32.1 On appeal, Hearn asserts that the evidence was insufficient to prove he had notice of a protective order and that he intended to kill the victim.”
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