FAIRFAX DOMESTIC VIOLENCE ATTORNEY

Let us fight your criminal domestic violence charge in court. As a Fairfax domestic violence attorney, have defended clients in many Virginia courts and made sure their legal rights are protected. Give me a call to discuss.

read below important details about emergency protective orders:

Is This Your First Domestic Violence Offense?

If you answered “yes”, your Domestic Violence Charge could be eligible for dismissal. However, you may be put on probation for two years.

If you successfully complete probation, your charges may be dismissed. Assault and battery offenses among family members are domestic violence violations, and they can have serious criminal consequences.

Examples of Domestic Violence On Family Members or Household Members. 

• Verbal and physical abuse.
• Rape.
• Violating a civil protective order.

Legal action can be pursued by the Commonwealth Attorney even if the victim is in favor of dropping the domestic violence charges.

Consequences Of A Domestic Violence Charge In Fairfax County Virginia

The Fairfax County Juvenile & Domestic Relations Court can impose a sentence of up to one year in jail and a maximum penalty of $2,500 for a conviction of domestic violence. If you have three offenses of domestic violence within twenty years you may be charged with a felony.

Our Fairfax Domestic Violence Lawyer can put in place a defense strategy depending on the charge and the exact facts of your case. It is essential that you hire a Fairfax domestic violence attorney as soon as possible if you find yourself facing these charges in Fairfax County, Virginia.

Protective Order Attorney Defines The Three Types of Protective Orders

1.Emergency Protective Order:

Law enforcement officials can request an Emergency Protective Order through a Magistrate 24 hours a day. The opposing party is not present. However, the Emergency Protective Order is not binding on the opposing party until he or she is properly served by law enforcement.

An Emergency Protective Order is only set in place for 72 hours while a court hearing is set for a Preliminary Protective Order. 

An Emergency Protective Order may be granted if an act or threat of family abuse occurs outside normal courthouse business hours. This means if an act of violence occurs in the middle of the night, you can still be protected.

Law enforcement officials can request an Emergency Protective Order through a Magistrate 24 hours a day.

The opposing party is not present. However, the Emergency Protective Order is not binding on the opposing party until he or she is properly served by law enforcement.

2.Preliminary Protective Order:

A Preliminary Protective Order can be granted even without an Emergency Protective Order.

To receive a Preliminary Protective you must petition the Juvenile & Domestic Relations Court located in the county where the act or threat of family abuse occurred.

An ex-parte hearing, which means a hearing without the opposing party, will then be set on the court’s docket for you to present your case to the judge

A Preliminary Protective Order can be set in place for up to 14 days while the court schedules a date for the Final Protective Order Hearing. Like an Emergency Protective Order, the Order cannot be enforced until the Respondent is properly served by law enforcement.

To receive a Preliminary Protective Order you must prove there is an immediate danger of family abuse or that family abuse has recently occurred. This is a slightly higher burden than required for an Emergency Protective Order.

3.Permanent Protective Order:

The final hearing for a Permanent Protective Order is not ex-parte.

The Respondent has the opportunity to come into court and present evidence against the allegations.

The Petitioner (the person asking for the Protective Order) will present their evidence first.

The Respondent then has the opportunity to cross-examine and confront all witnesses against them.

The Respondent will then have the opportunity to present their case, in the same manner as the Petitioner.

The Burden of Proof– In order for the protective order to be granted, the judge must determine that there has been a recent act of family abuse or that there is an immediate and present danger of family abuse. This must be proven by a preponderance of the evidence, meaning “more likely than not.”

A Permanent Protective Order can last up to two years and can provide the following relief:

• A prohibition of further acts of family abuse;
• A prohibition on contact by the Respondent with you or with other household members;
• Grant you exclusive possession of the residence occupied by the parties;
• Prohibit the Respondent from terminating utilities at the residence;
• Grant you exclusive possession of use of a motor vehicle titled in your name or jointly titled between the parties;
• In rare cases, a judge may address temporary issues of custody and support.

If you wish to receive a Permanent Protective Order or are the Respondent in a Protective Order case, you should hire an attorney. If you receive a Protective Order against you, any government security clearances you may have could be negatively affected.

Different Domestic Assault Law Sections

18.2-57.2 Assault and battery against a family or household member
18.2-51 Malicious wounding or unlawful wounding.
18.2-51.2 Aggravated malicious wounding.
18.2-52 Malicious bodily injury by means of a substance.
18.2-51.6 Strangulation.

Arrest In Domestic Violence Cases Based On Probable Cause

Finally, the officer can rely on his or her judgment to make an arrest, while no physical signs of abuse are present.