This law section addresses violations related to court orders on child custody and visitation, outlining penalties for wrongful withholding and violations. It also mandates immediate reporting and assistance when a person is abducted or threatened with abduction, with penalties for non-compliance.
A violation occurs when someone knowingly and intentionally withholds a child from a parent or guardian in violation of a court order, especially outside the state, or engages in conduct that breaches the order.
First violations are classified as a Class 3 misdemeanor, second violations as a Class 2 misdemeanor, and third violations within 24 months as a Class 1 misdemeanor. Withholding a child outside Virginia can be a Class 6 felony.
Members of the immediate family must immediately report the incident to law enforcement and assist in the apprehension and prosecution of the offender.
Violating the reporting and assistance requirement is a Class 2 misdemeanor in Virginia.