Fairfax Domestic Violence Lawyer

Let us fight your domestic violence charge in Fairfax courts. As a Fairfax domestic violence lawyer, I have defended clients’ legal rights in Virginia courts.

read below important information related to penalties and defense strategies of domestic violence:

Virginia’s law on domestic violence and the penalties a conviction carries are codified in §18.2-57.2. 

Domestic violence is typically when assault and battery are committed against certain family members or roommates. 

For domestic violence, Virginia lists the family members against whom violence becomes domestic violence in §16.1-228. 

§16.1-228 lists stepchildren, half-siblings, siblings, grandparents, and more as family members. 

This list is not exhaustive. 

f you have questions about who is considered a family member for purposes of Virginia law, call the attorneys at American Lawyers Group.

Domestic Violence Penalties & Charges

It is a class 1 misdemeanor the first time you are convicted for domestic violence in Virginia. 

The penalties for a class 1 misdemeanor include up to 1 year in jail and fines of up to $2,500.

Your third domestic violence conviction in a 20-year span becomes a class 6 felony.  A class 6 felony can result in 1 to 5 years in jail and a fine of $2,500.

What are The Types of Domestic Violence Charges?

Domestic violence in Virginia is usually assault and battery. 

This is a term that generally covers many physical crimes

The battery is the intentional and harmful bodily contact with another. 

Battery covers everything from spitting on someone else to kicking and punching them. 

Virginia recognizes strangulation as a very specific variety of batteries.  Strangulation is the squeezing of the neck to stop blood flow or breathing. 

If you are convicted of strangulation, it can count towards domestic violence charges that transform the third conviction into a felony.

Domestic violence is more than just physical violence, though.  Assault is when you create a reasonable fear that a battery is imminent. 

A great example of assault is a slap that stops just shy of hitting someone in the face.  It creates a sudden flinching reaction. 

There does not need to be any kind of physical contact to be considered assault. 

Threats of violence that make family members react the way the slap stops just shy of hitting someone and make them fear imminent physical harm are some of what Virginia’s domestic violence laws aim to prevent.

Criminal Charges and Protective Orders

When judges and magistrates sign a warrant in cases of domestic violence, they also issue what is called an emergency protective order. 

Protective orders are essentially restraining orders.  If a minor is accused of domestic violence, judges and magistrates are not required to issue a protective order. 

Violation of a protective order is a class 1 misdemeanor. 

It is a class 6 felony to commit an act of assault or battery on someone who has a protective order against you.

Judges first issue preliminary protective orders. 

A judge can issue a preliminary protective order without having to notify the defendant. 

The defendant never even has to appear in court.  Preliminary protective orders last only 15 days from when the defendant is served with the order. 

The hearing for the order must normally be heard 15 days after the service of the accused. 

Under some circumstances, the judge can delay the hearing for up to 6 months. 

If you have questions about when a judge can delay a protective order hearing, call the Fairfax domestic violence lawyers at American Lawyers Group.

There are also final protective orders.  Final protective orders are very similar to preliminary protective orders, but they force the accused to get treatment or receive counseling. 

Final orders also compel the accused to provide child support and pay attorney’s fees. 

Final protective orders can last for up to 2 years.

Finally, there are emergency protective orders. 

Judges can issue emergency protective orders if they believe there is a risk of domestic violence and there is a warrant out for the accused of domestic violence. 

If there is not a warrant, judges can issue the order if the accused has a record of domestic violence. 

Emergency protective orders last 3 days, and can only prohibit violence towards the family, transfer of property, and contact with the family.

Why You Should Hire A Fairfax Domestic Violence Lawyer

Virginia takes domestic violence and family crimes very seriously. 

Accordingly, Virginia assigns steep penalties to convictions of domestic violence and especially to repeat offenses of domestic violence. 

First and repeat offenses can all lead to incredibly high fees, prolonged jail time, and life-crushing protective orders. 

Alone these penalties are a lot to deal with, but they often all hit you at once. 

To avoid the worst case of crushing fines, jail time, and protective order restrictions, you need skilled and experienced attorneys with years of trial experience. 

Call the attorneys at American Lawyers Group, today.