Q: Missed court and summons for protection order violation in Wise County, VA, facing failure to appear charge.

A: Failure to appear, if charged as contempt, carries up to 10 days in jail and/or a $250 fine for each count. It is very common for the maximum 10 days in jail to be imposed in Lee/Scott/Wise in your situation, so beware. On your original charge for violation of a protective order you were facing up to 12 months in jail and/or a $2,500 fine. It is possible you were convicted in your absence if you missed your court date for the underlying charge. If so, you have up to 10 days to appeal the matter to Circuit Court if you want to contest the allegations. You should reach out to a skilled attorney in your area who can help you navigate the court process and mitigate your exposure to multiple charges.

A: In Virginia, failure to appear is taken very seriously, and the penalty depends on the underlying charge you missed court for. Since your missed appearance was tied to a protection order violation, the failure to appear is likely treated as a misdemeanor if the original charge was a misdemeanor, or as a felony if the underlying charge was a felony. Even for a misdemeanor, the court can impose up to 12 months in jail and fines of up to \$2,500.

Because this is not your first offense, the judge may be less lenient and could view the repeated missed dates as willful disregard for the court. Forgetfulness is generally not accepted as a defense. That said, the judge will also look at whether you come forward voluntarily to address the failure to appear or whether you are picked up on a warrant. Taking the initiative to resolve it shows responsibility and may reduce the severity of your sentence.

If the failure to appear is tied to a felony-level protection order violation, the consequences are more serious, with potential prison time of up to five years. To protect yourself, you should address the warrant or pending charge as quickly as possible. Coming to court with an explanation, proof of efforts to resolve the issue, and readiness to comply moving forward may help you avoid the harshest outcome.