Alexandria Domestic Violence Lawyer

Let us fight your criminal domestic violence charges in court. As an Alexandria domestic violence lawyer, I have defended clients in court and fought for their legal rights.

read below important details about defense strategies for your domestic violence.

In Virginia, §18.2-57.2 is the law covering domestic violence and how domestic violence is punished. 

Domestic violence in Virginia is usually assault and battery that is directed towards some member of your family. 

If Virginia’s police can support their belief that you have committed an act of domestic violence with probable cause, they can arrest you without a warrant. 

Virginia only considers certain acts to be domestic violence, if they are committed against certain legally defined relatives.  

Virginia lists the family members against whom domestic violence can be committed in §16.1-228. 

Virginia lists, grandparents, in-laws, people you share a child with, stepchildren, grandparents, and many more. 

If you have questions on which relatives are considered family members or housemates for domestic violence purposes, call the Alexandria Domestic Violence Lawyer at American Lawyers Group.

Alexandria Domestic Violence Penalties & Charges

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

Class 1 misdemeanors are the most strictly punished class of misdemeanors and carry penalties of fines up to $2,500, up to a year in jail, either, or both.

Your first conviction for domestic violence is punished as a class 1 misdemeanor. 

Virginia punishes class 1 misdemeanors with potentially a year in jail, a fine of $2,500, a either or both. 

The punishment you receive will be determined at the judge’s discretion. 

The judge will likely consider prior offenses, your conduct in court, and the specific facts of your case. 

A third guilty verdict for domestic violence within 20 years becomes a class 6 felony. 

Class 6 felonies are the least serious class of felony but are still more serious than class 1 misdemeanors. 

Class 6 felonies carry between 1 and 5 years in jail, $2,500 in fines, or some combination of the two.  Again the punishment will be at the discretion of the court.

Different Kinds of Domestic Violence Charges?

Domestic violence usually takes the form of assault or battery in Virginia.  Assault and battery are specific legal terms that tend to be used broadly for physical attacks.

Generally, the battery is the intended harm to another’s interest in bodily well-being. 

Basically, it is when you touch someone without their consent. 

If you have questions on battery, call the attorneys at American Lawyers Group.  A specific kind of battery is strangulation.  Strangulation is the grabbing of the neck to stop blood and airflow. 

If you are convicted for strangulation, it will count towards your domestic violence convictions that can turn a third offense into a class 6 felony.

Domestic violence extends beyond the physical. 

Assault is the creation of a fear that a battery is about to occur. 

A classic prototypical 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 Domestic Violence Charges and 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 for 15 after the accused is served; then, a hearing must be held. 

The hearing can be delayed up to 6 months under certain circumstances.  

Courts can also issue what are called final protective orders. 

In Virginia, 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 potential 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 Should you Hire an Alexandria Domestic Violence Lawyer?

Domestic Violence is a serious offense with severe repercussions in Virginia.

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 Alexandria domestic violence attorney from the American Lawyers Group to build the best legal defense for you.