Loudoun Domestic Violence Lawyer

As a Loudoun domestic violence lawyers, I can fight your assault and battery charges in court and defend your legal rights to the extend of the law.

read below penalties and defense strategies of domestic violence in loudoun virginia

The Code of Virginia §18.2-57.2 Assault & Battery Virginia lists the law on domestic violence and its penalties.

Essentially, domestic violence is assault and battery committed against specific family members or housemates.

If the police have probable cause to believe someone has committed an act of domestic violence, they can arrest without a warrant.

For the purposes of this law, family members are defined under §16.1-228.

Family or household members, as defined by §16.1-228, include, but are not limited to, a great many relatives.  Stepchildren, half-siblings, grandparents, siblings, in-laws, people with whom the accused share a child.

If you are facing a domestic violence charge, seek a Loudoun Domestic Violence Lawyer

Penalties & Charges of Domestic Violence in Loudoun Virginia

The first conviction of assault and battery against any of the people listed in §16.1-228 is a class 1 misdemeanor. 

Class 1 misdemeanors carry penalties of fines up to $2,500, up to a year in jail, either, or both.

A third conviction of domestic violence in 20 in 20 year period is a class 6 felony. 

Class 6 felonies carry a fine of $2,500, 1 to 5 years of jail time, or a combination of both.

What are the Different Types of Domestic Violence Charges?

Assault and battery is a broad term defined above that covers physical crimes.  

The battery is the harmful bodily contact of another with intent.  It can range from spitting on someone to physical blows such as kicks and punches. 

Strangulation is a specific kind of battery that impedes blood circulation or breathing by squeezing the neck.
A conviction of strangulation will count for purposes of prior offenses and the classification of a third offense in a 20-year span as a class 6 felony.

Domestic violence extends beyond the physical.  Assault is the creation of a reasonable fear that a batter is imminent.  A classic example of assault is a punch that stops just short of impact and creates a flinch reaction. 

Assault does not need any physical contact to be successfully charged.  Threats that put family members, household members, and others defined in §16.1-228 in fear of imminent physical harm are also covered by Virginia’s domestic violence laws.

Criminal Charges and Civil Protective Orders

Whenever a judge or magistrate issues a warrant as a result of a domestic assault and battery case, they must also issue an emergency protective order.  A protective order is basically a restraining order. 

If the defendant is a minor, a protective order is not required from the judge or magistrate.  It is a class 1 misdemeanor to violate a protective order. 

Assault and battery against someone with a protective order against you is a class 6 felony.

First, a judge will issue a preliminary protective order.  Preliminary protective orders can be issued without notifying the accused and without the accused ever appearing before the court. 

Preliminary protective orders last 15 days from when the accused is served to when a hearing must be held.  The hearing can be delayed up to 6 months under certain circumstances.  

Courts can also issue final protective orders.  Final protective orders have all the powers of a preliminary protective order, but they can also compel the recipient to receive counseling or treatment, provide child support, and grant attorney’s fees. 

A final protective order lasts for a set period of time of up to 2 years.

Lastly, judges can issue emergency protective orders.  To issue an emergency protective order, the judge must find that there is a risk of danger of domestic violence and the accused has a warrant for domestic violence or the accused has previously committed domestic violence. 

Emergency protective orders are far more restricted in what they can do.  These orders can prohibit contact with family, further violence towards family, and transfer possession of property shared with the accused. 

Emergency protective orders only last 3 days.

Defense Strategies

Defenses to the assault and battery charges that constitute domestic violence include self-defense and protection of others.

Self-defense is the justification for the reasonable use of force on another when you have a reasonable belief that they are an imminent physical threat to you. 

Defense of others is similar to self-defense, but the physical threat must be directed at someone other than yourself.

Why You Should Hire A Loudoun Domestic Violence Lawyer

Domestic Violence is a serious charge with harsh repercussions in Loudoun. Domestic Violence can lead to steep fees, long jail sentences, and restrictive protection orders. 

Any and all of these consequences are immense and life-changing.  To avoid or mitigate such penalties, hire an experienced Loudoun domestic violence attorney from the American Lawyers Group to build the best legal defense for you.