Arlington Domestic Violence Lawyer

Regardless of what side of the domestic violence dispute you are on, I can assist. As an Arlington domestic violence lawyer, I have defended clients in their criminal domestic violence cases and fought for their legal rights.

read below how we defend domestic violence charges in court

Domestic Violence can have a devastating impact on a person’s mental health as well as affect anything they may do in their everyday life.

Charges of domestic assault and battery are taken extremely seriously in Arlington

What is Domestic Violence?

Domestic Violence, also called “domestic abuse”, can be defined as a pattern of behavior in any relationship that is used to maintain power or control over an intimate partner.

As per Virginia Law Section §18.2-57.2 of the Virginia Code, domestic violence is termed as assault and battery against a family or household member.

This can include threats of violence, physical violence, or any other form of abuse.  

Under domestic violence laws in Arlington, it is a crime to injure or hurt any member of your family or household.

Any person committing such an act of violence against a family member will be guilty of domestic violence.

As stated in Va. Code Ann. §16.1-228, a family and household members can include any of the following:

• Former spouses,
• Parents or stepparents,
• Grandparents and Grandchildren,
• Siblings,
• In-laws living in the same household,
• People who have kids together and, 
• People who live or have lived together in the past year.

The Different Categories of Domestic Violence

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.

What are the Penalties of Domestic Violence in Arlington?

A conviction for domestic abuse can result in severe penalties and may be used as evidence against you in child custody and visitation cases.

The penalties depend on whether you are convicted for a misdemeanor offense or a felony offense.

Typically, it’s a Class 1 misdemeanor for the first offense.

This means the defendant will have a maximum penalty of serving 12 months in prison and be required to pay a fine of $2,500. 

On the other hand, if this is your third conviction or more, you may be guilty of a Class 6 felony.

In such a case, you will face 1 to 5 years in prison along with expensive fines that will depend on the discretion of the judge and the surrounding circumstances and facts of your case.

What are the Different Types of 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 defend

ant 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.

Why Should you Hire an Arlington Domestic Violence Lawyer?

The harsh penalties that come with a conviction of domestic violence can impact your family, your work, future job prospects, and your reputation in the community.

If you or a loved one are facing domestic violence charges, it is encouraged to contact an experienced Arlington Domestic Violence Attorney.

The attorneys here at the American Lawyers Group have years of experience with handling thousands of clients and providing them with strong and effective representation. Contact us immediately if you face any such charges.