Virginia Domestic Violence Attorney (18.2-57.2)

No matter which side of the domestic violence dispute you are on. Don’t worry, as a Virginia domestic violence attorney, I have defended clients’ rights in court and fought for their legal rights.

read important details about penalties of domestic violence:

What may qualify as Domestic Violence?

According to the Virginia Code Section §18.2-57.2, ‘Domestic Violence’ is termed as assault and battery against a family or household member.

Threats of violence, physical violence, or abuse come under domestic violence.

A person may be charged with domestic violence even if the alleged incident involves someone other than a spouse or a child. As stated in Va. Code Ann. §16.1-228), family and household members also include:

• 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. 

Under Virginia laws, it is a crime to injure or attempt to hurt a member of your family or the household.

Therefore any person committing any such act against a family or household member that involves force, violence, or threats will be guilty of Domestic Violence.

Arrests for Domestic Violence

A police officer who has probable cause to believe that a person has committed acts of Domestic Violence against a family or a household member or has violated a protective order can be arrested without a warrant and take the person into custody.

Even if the parties involved in the situation have no desire to take legal action, an arrest can take place since the decision to move forward with the case is the decision of the prosecutor. 

Sometimes talking to the police in trying to clear the misunderstandings can often lead to worse situations.

What you may say to clear your record can be used against you in the case later on. And so, if faced with such charges, immediately contact a Virginia Domestic Violence Attorney.

Protective Orders

In many of these cases, a protective order can be issued by a legal authority against the party accused of domestic violence.

A protective order is a court order that requires the accused to stay away from the victim.

There are different types of orders that a judge can issue in a Domestic Violence case depending upon the surrounding circumstances.

• Preliminary protective order (Va. Code Ann. Va. Code Ann. § 16.1-253.1.)

Any family or household member who has been or currently still is a victim of domestic abuse may file a petition for a preliminary protective order.

If there is an immediate danger of family abuse, the court is likely to issue an ex parte order. This order usually comes into effect after a hearing takes place. 

• Final protective order (Va. Code Ann. §16.1-279.1)

Under a final protective order, the court may grant, require or prohibit any relief available in a preliminary protective order, grant attorney fees, order temporary child support or order the respondent to participate in treatment or counseling.

This order is usually issued after a hearing has taken place and remains in effect for a set period, up to two years. 

• Emergency protective order (Va. Code Ann. §16.1-253.4)

An emergency protective order is usually issued if the judge finds that there is a danger of further acts of violence.

This protective order is limited because it can only prohibit acts of family abuse, prohibits respondents from contacting family members, or may grant family members possession of the shared residence. It only stays in effect for a few days.

Penalties for Domestic Violence in Virginia?

In Virginia, Domestic Violence is typically a Class 1 misdemeanor on the first offense. This offense can have a maximum penalty of 12 months in jail and a fine of up to $2,500.

However, upon the third conviction or more, the party is guilty of a Class 6 felony.

Depending on the judge’s discretion, you may face 1 to 5 years in prison or just 12 months in jail with a fine of $2,500. It all depends on the judge’s discretion as well as the surrounding circumstances of your case.

Why is it recommended to hire a Virginia Domestic Violence Attorney?

Domestic Violence charges can be some of the most emotionally charged situations people can find themselves to be.

The severe penalties include jail time and fines. Regardless of which side of the domestic dispute you are on, you will need effective representation from an experienced Virginia 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.