PRINCE WILLIAM COUNTY DOMESTIC VIOLENCE ATTORNEY

A false allegation of domestic violence can derail your life. As a Prince William county domestic violence attorney, I can fight for your legal rights in court.

read below important details about domestic violence consequences:

What are the Consequences of a Domestic Violence Allegation?

Your livelihood may be threatened.

And if you are one of the thousands of people working their way through our country’s immigration process, a domestic violence conviction can put your American Dream in jeopardy.

A Prince William County domestic violence attorney representing you can be the difference between justice and an enormous personal setback.

Domestic violence cases are special.

They are often a combination, or a culmination, of a series of domestic issues. As relationships fall apart, people seek to control their circumstances by any means necessary.

This is why allegations of domestic violence often accompany divorce proceedings and child custody battles.

Section 18.2-57.2 of the Code of Virginia prohibits the assault and battery of a household member.

A conviction under section 18.2-57.2 is a class 1 misdemeanor that is punishable by up to 12-months in jail.

You are also likely facing a protective order placing considerable restrictions on your life.

If you are charged under section 18.2-57.2, the court must issue an emergency protective order lasting three days.

This prohibits you from residing in your own home, communicating with the complainant, and often results in not being able to see your children while the protective order is pending.

If you find yourself facing a three-day emergency protective order, it’s imperative that you contact a Prince William County domestic violence attorney.

Without adequate representation, that three-day protective order might be extended for up to two years.

What Proof is Required in a Domestic Violation Case?

A conviction under section 18.2-57.2 requires that the Prince William County Domestic Violence Attorney prove two elements beyond a reasonable doubt:

1) that assault and battery occurred and 2) that the victim is a household member.

Assault and battery are broadly defined as either a threat of violence that puts the complainant in reasonable apprehension of their safety or any sort of unwanted touching.

The definition of a “household member” can be found in sections 16.1-228.

It includes a spouse, former spouse, or child whether they live in the same residence with the defendant.

It also includes specific extended family members, such as grandparents and siblings, whether they live in the home or not.

In-laws, cousins, or aunts and uncles are not “household members” unless they live in the same residence.

However, as we’ve already discussed, the criminal charge is not the only issue you will likely face if you are accused of domestic violence.

When determining whether a protective order should be granted, the court will consider a similar series of questions.

The difference is that the court does not need to find “proof beyond a reasonable doubt” to grant the complainant a protective order.

Because it’s not a criminal charge, the court only has to find that there is a “preponderance of the evidence.”

This is a much, much lower standard.

The court only has to find that it is more likely than not that violence, or a threat of violence, occurred to grant a protective order.

Don’t appear in front of the Prince William County court alone.

Find someone who understands the rules and has the necessary experience to help you through the process.

Call the American Lawyers Group now to schedule a free consultation.