Domestic violence is a serious charge in Loudoun County, Virginia. Domestic violence cases tend to be emotionally charged, and difficult on both a legal and personal level. When someone is facing these charges, it is important that they have assistance and advice from an experienced local Loudoun County domestic violence lawyer, who can approach the case from a rational and knowledgeable perspective, while appreciating and acknowledging their client’s concerns.
Domestic violence in Virginia and Loudoun County is defined as an assault and/or a battery against a family or household member.
Domestic violence charges are very difficult from the perspective of someone who has been accused because they involve family members. Typically, this is a wife, brother, sister, or household member such as a girlfriend or boyfriend. In these sorts of cases someone is dealing with the criminal aspect of the charges and also dealing with the emotional issues that accompany these sorts of cases.
Domestic violence is a Class 1 misdemeanor in Loudoun County and in Virginia. It carries up to 12 months in jail and a $2,500 fine.
Probation is a likely penalty when it is a first offense case. In many cases, when it is a first offense and the domestic violence is not considered aggravated, the court considers a first offender plan in which an individual attends an anger management program and completes some community service. After two years, if the individual remains out of trouble, the case is later dismissed.
Anytime there is an allegation or a charge of domestic violence, a court immediately puts a protective order in place for 72 hours. Afterwards, the alleged victim has the opportunity to request the protective order be extended from two weeks up to two years.
The first three things a domestic violence lawyer in Loudoun County does when someone speaks to them about a domestic violence case are: (1) advise the person to not have any contact with the alleged victim and to comply with the terms of the protective order; (2) ask them to provide the attorney with the names of any witnesses who can testify as to what occurred or be character witnesses; (3) have the person give an in-depth statement about what occurred. A Loudoun domestic violence lawyer must clearly understand what occurred prior to court. They want to know as many facts about the case as early as possible so that they are not blindsided by any new testimony or evidence while in trial.
The basic issue with a domestic violence case is that most of these cases are he said, she said situations. As such, the testimony of the two people involved, the alleged perpetrator and the alleged victim, are extremely important. These things are very important to building a defense in these cases, because a domestic violence case is routinely based on testimony from the accused person, the alleged victim, and witnesses. The outcome of the case comes down to the impact of the alleged victim’s testimony versus the accused’s testimony. It is very important that the individuals understand exactly what happened and can clearly explain it to the court.
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