VIRGINIA DOMESTIC ABUSE LAWYER (18.2-57)

Have you been charged with criminal domestic violence? As a Virginia domestic abuse lawyer, have litigated in Virginia courts to defend client’s rights. Give me a call to discuss your case.

read below important details about domestic violence penalties:

Domestic Violence in Virginia as Explained by Virginia Domestic Abuse Attorney

In the Commonwealth of Virginia assaulting or hitting a family or household member is a class 1 misdemeanor.

This is in Virginia Code § 18.2-57.2 . The statute is named accordingly; “assault and battery against a family or household member”.  A family or household member is defined as:

• • A former or current spouse;
  • Parent or stepparent;
  • Children or stepchildren;

• Siblings or half-siblings;
• Grand-parent and grandchildren; or
• The other parent of a child of the accused.

This statute applies whether a family or household member resides with the accused or not.

It also applies to a person that within the previous twelve months cohabited with the accused, including any children of either resident.

The statute also applies to in-laws that reside with the accused. Further definition of family or household member abuse can be found in VA Code Section 16.1-228.

Depending on your situation our Virginia domestic abuse lawyer can customize an array of defenses for your case.

We will work vigorously for you and your defense. Domestic violence is a serious offense in the Commonwealth of Virginia. It is a completely different offense than just assault or battery and depending on your case it can have different penalties.

What is the Definition of Assault and Battery?

Under the common law, assault and battery were two different offenses.

Virginia defines assault as “intentionally causing an individual to have a reasonable apprehension of imminent harm.” The battery is an offensive touch; this includes the malicious hurting of a person.

Virginia defines a battery as the least touching of another done willfully or in anger.

This definition includes any touching done in a spirit of rudeness or insult. An accidental touching done recklessly is a battery. If the touching is in a manner that is not reckless, then the statute is not applicable.

Under Virginia Code Section 18.2-57.   If the battery results in bodily injury the crime is a class felony.  

This penalty also applies to the simple assault section of this code, § 18.2-57.A

What Must the Commonwealth Prove in Order to Convict you of Domestic Abuse?

If a person assaults or commits battery against a family member, that action is prosecuted under the Virginia code §18.2-57.2.

This is a different statute than § 18.2-57 which is the statute for assault/battery. If the accused and the victim cohabited within the previous twelve months section 18.2-57.2 applies to the charges.

The Commonwealth definition of “cohabitation” is dependent on totality-of-the-circumstances. This analysis has three major factors: 

• the sharing of familial or financial responsibilities.
• the consortium, meaning fidelity, affection, companionship, and conjugal relations.
• the length and continuity of the relationship.

It should also need to be noted that being provocative by words alone does not excuse a battery.

It doesn’t matter how insulting the words were, the court will not excuse the battery.

What are the Penalties for Section 18.2-57.2?

Section 18.2-57.3 talks about the penalties for a first-time offense of section 18.2-57.2. If the accused pleads guilty to the charges, the court can put the first-time offender on probation.

This probation may last two years and if successfully completed the charge will be dismissed.

There is an exemption to this, if the accused gets a subsequent charge of domestic abuse, the first conviction will still count. A second conviction for domestic abuse is still a class 1 misdemeanor.

A third conviction will elevate the charges to a class 6 felony.

Defenses to Domestic Abuse.

The most common defense against assault and battery is the consensual touching of another. This is a complete defense, but every case is different and there might be additional defenses for your case.

Another defense includes corporal punishment of children.

For this defense to be applicable the punishment must be moderate and it cannot result in bodily injury. 

An individual can also claim self-defense under Virginia Code §22.1-279.1 in domestic abuse cases, but the force used to defend oneself or others must be proportionate with the danger that is being faced.