Virginia Domestic Violence Lawyer

Domestic Violence charges in Virginia, as in most jurisdictions across the country, are complicated legal situations fraught with emotion, frustration and lifelong consequences. Domestic violence is a serious allegation, and law enforcement officials aggressively investigate and prosecute these incidents to ensure individuals remain safe and protected in their own homes.

Sometimes a situation at home gets out of hand because the parties involved are so emotional. Sometimes one person will use an allegation of abuse in an attempt to influence a child custody dispute or a contentious divorce. Whether you are a victim of domestic abuse or have been accused of such a crime, it is important to seek knowledgeable counsel to address the situation and obtain the best possible outcome. An experienced Virginia domestic violence lawyer can ensure you and your rights are protected during these challenging times.

Virginia Domestic Violence Laws

Laws and statues related to domestic violence in Virginia can be complex, and a well-informed lawyer will guide you through the court system and help you manage your case. A charge of "assault and battery against a family or household member" in Virginia is a Class 1 misdemeanor and occurs frequently following incidents of suspected domestic abuse. A family or household member is defined as:

• Spouses current or former, regardless of whether they reside in the same home,
• Parents or step-parents,
• Children or step children,
• In-laws or people to whom you are related by marriage,
• Individuals who have children with the accused,
• Individuals who share a home or have shared a home within the past calendar year

An arrest warrant is not required to precipitate an arrest for the charge of assault and battery against a family or household member in Virginia. A sworn victim's statement or belief on the part of the police that the incident occurred as claimed is reason enough for an arrest. If convicted of this Class 1 misdemeanor, the penalties can include a year in jail and up to $2,500 in fines. A Protective Order can also be issued to prevent any contact between the parties or to require that there only be peaceable contact between the parties.

However, if the accused has no prior convictions, penalties can be lighter, including court-mandated anger management classes, domestic violence intervention programs, parenting classed, substance or alcohol abuse treatment, deferred sentencing and probation. If the terms and conditions are met satisfactorily, a judge may dismiss the charges. If the defendant has had two or more prior convictions for domestic violence, the charge becomes a Class 6 felony. This conviction can result in up to five years in jail and a fine of up to $2,500.

Domestic violence and abuse spans many forms, and charges can result from a vast number of circumstances that occur within a household. If you have been accused of a crime relating to a domestic abuse, a Virginia domestic assault lawyer can help you navigate the court system and formulate the best possible defense.