In the case of Calloway v. Commonwealth of Virginia, the Virginia Court of Appeals, in a published opinion, ruled that the trial court did not err in convicting the Defendant, a former boyfriend, of felonious violation of a protective order where evidence was sufficient to prove the Defendant appellant “furtively” entered victim’s home. A first-offense violation of a protective order is ordinarily a misdemeanor. See Code § 16.1-253.1(C). But Code § 16.1-253.2 elevates it to a felony when a person “violates such a protective order by furtively entering the home of any protected party while the party is present.” The Defendant argues that the evidence at trial was insufficient to prove he “furtively” entered the victim’s home. The evidence at trial showed that the Defendant and the victim were in a romantic relationship that ended in August 2011. Within weeks of their breakup, the victim obtained a protective order against the Defendant to prevent him from contacting her. The Defendant was served with a copy of the protective order on September 1, 2011. On September 2, 2011, between midnight and 1:00 a.m., the Defendant approached the house where the victim was living. The lights in the house were off. The doors and windows were locked. The victim, who was asleep on a couch in the living room, was the only person in the house. The Defendant broke a bedroom window at one end of the house to gain access. The victim was awakened by the noise. As the victim stood up to search for the source of the noise, she saw the Defendant coming towards her from the kitchen. She immediately ran for the front door. The Defendant chased her into the front yard, where neighbors saw him attempting to drag her back inside while holding a knife to her throat. A neighbor who witnessed the altercation called the police. The Defendant fled when he heard the sound of an approaching car. He was arrested in a nearby forest about two hours later.
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