SB 1415

Abstract

Violations of protective orders; preliminary child protective order. Changes the punishment and sentencing requirements for a violation of a preliminary child protective order so that the maximum penalty is a Class 1 misdemeanor and the court is no longer required to enter a permanent family abuse protective order (i.e., a protective order with a maximum duration of two years) upon a conviction of a violation of a preliminary child protective order. The bill provides that a violation of a preliminary child protective order is punishable as contempt of court; however, if the violation involves an act or acts of commission or omission that endanger the child's life, health, or normal development or result in bodily injury to the child, it is punishable as a Class 1 misdemeanor. Under current law, violations of preliminary child protective orders constitute contempt of court and are also subject to the same penalties as violations of preliminary, emergency, and permanent family abuse protective orders, including enhanced penalties for certain violations. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference.

Violations of protective orders; preliminarychild protective order. Changes the punishment and sentencingrequirements for a violation of a preliminary child protective orderso that the maximum penalty is a Class 1 misdemeanor and the courtis no longer required to enter a permanent family abuse protectiveorder (i.e., a protective order with a maximum duration of two years)upon a conviction of a violation of a preliminary child protectiveorder. The bill provides that a violation of a preliminary child protective order is punishable as contempt of court; however, if theviolation involves an act or acts of commission or omission that endanger the child's life, health, or normal development or resultin bodily injury to the child, it is punishable as a Class 1 misdemeanor.Under current law, violations of preliminary child protective ordersconstitute contempt of court and are also subject to the same penaltiesas violations of preliminary, emergency, and permanent family abuseprotective orders, including enhanced penalties for certain violations.This bill is a recommendation of the Virginia Criminal Justice Conference.