Virginia Domestic Violence Lawyer

When you are facing the serious consequences of domestic violence charges in the state of Virginia, a Virginia domestic violence lawyer is who you want to reach out to for help. A domestic violence lawyer will work to understand your individual circumstances, your case, and what you are currently going through. Moreover, a domestic violence lawyer in Virginia will have the experience and knowledge necessary to navigate local practices, prosecutors, and courts and to work within the system to find a real solution to your legal problems.

Why Hire A Domestic Violence Lawyer?

The Virginia domestic violence lawyers at our law firm are capable, competent, and compassionate. They can do any and all of the following as they work to have any charges against you lessened or even dropped:

  • Talk with you (not to you), explaining your case and any charges against you in a personable, professional manner
  • Advocate for you on your day in court, ensuring the best possible outcome is achieved based on the unique facts and circumstances of your case

The Virginia domestic violence lawyers at our firm know what a criminal conviction can mean for you, your record, and your future, which is why they work so hard when it comes to their clients and their cases.

Domestic Violence Laws in Virginia

Virginia’s domestic violence laws involve cases where a family or household member is the alleged victim.

A “family or house hold member,” which is a term which is defined in Virginia Code Section 16.1-228, is more expansive than one might imagine. The following are all examples of family members:

  • Spouses
  • Prior spouses
  • Parents
  • In-laws
  • Grandparents
  • Children
  • Grandchildren
  • Siblings
  • Individuals with whom you have a child in common (where or not you have ever been married or lived with them)
  • A person with whom one cohabits, or within the last 12 months cohabited, as well the children of either if they lived in the household

Assault and Battery Against a Family Or Household Member

According to Section 18.2-57.2, committing the crime of assault and battery against a family or household member is a Class 1 misdemeanor. However, having two prior criminal convictions involving offenses against a family or household member within the last 20 years enhances any assault and battery against a household member charge to the level of a Class 6 felony.

The following are examples of offenses against a family or household member which count as prior offenses for the purpose of elevating the charge from a misdemeanor to a felony:

  • Assault and battery
  • Malicious bodily injury
  • Unlawful wounding
  • Aggravated malicious wounding
  • Strangulation

Arrest Without a Warrant in Domestic Violence Cases

Under Section 19.2-81.3, a police officer is allowed to arrest someone who has been accused of domestic violence, regardless of whether it occurred in her presence if it is based upon:

  • Probable cause, OR
  • Personal observations, OR
  • The reasonable complaint of a person who observed the alleged offense, OR
  • Personal investigation

In addition, in every case of arrest for assault and battery of a family or household member, the arresting officer is required to petition for a temporary protective order, which can legally prohibit the accused from having any contact with the alleged victim, anyone in their household, and even from returning home.

Dropping Domestic Violence Charges

An accuser does not have the ability to drop charges in a criminal domestic action in the Commonwealth of Virginia. Only a prosecutor can drop the charges by asking the court to voluntarily dismiss the charge or a judge can end the case either after trial or on the motion of a prosecutor to dismiss.

Only a prosecutor can drop the charges by asking the court to voluntarily dismiss the charge or a judge can end the case either after trial or on the motion of a prosecutor to dismiss.

Call Today to Speak with a Virginia Domestic Violence Lawyer

The consequences of even a domestic violence charge, let alone a domestic violence conviction, are significant and long lasting in Virginia.  Do not attempt to face this serious problem on your own.  Call one of our Virginia domestic violence lawyers today to discuss your case and develop the strongest possible defense.