Domestic Violence Lawyer in Virginia

Virginia regards domestic violence as a form of assault and battery, but distinguishes it from normal assault and battery by treating fees separately in Section 18.2-57.2 of the State Code, which states that each person is charged with assault and battery member of her own family or household is guilty of a class 1 crime. The main difference between normal bodily harm and battery and domestic violence is how the state deals with repeat offenders. While a third conviction for assault and battery often results in the same sentence as a second within 20 years, a third conviction for domestic violence in 20 years is often accused of class 6 crimes.

Contact a Virginia domestic violence lawyer at our office. Procedure for arresting domestic violence Section 19.2-81.3 of state law empowers police officers to detain domestic violence cases without a warrant, provided there is a probable reason for the alleged crime. This arrest procedure is also available to police officers who pursue crimes against stalking and protective ordinances. Allegations of abuse are fairly common in many domestic violence issues. This includes spouse abuse, child abuse and roommate violence. For more information on all sections and penalties that fall under the Virginia Abuse Law category, please visit our website here. We have also provided information on stalking laws.

Special Considerations in Virginia Domestic Violence Law Defense attorneys often defend clients against a variety of charges included in the Virginia law. For example, the Commonwealth considers sexual abuse or marital violence under section 19.2-81.3, the state’s description of rape. Prosecutors will therefore often seek a rape sentence for a person who is accused of forcing himself (or another party) on an unwilling family member, even if they are married. An old code (repealed by Acts 2005, c. 631, cl. 2) dealt separately with sexual assault laws in marriage. In many of these cases, a legal authority (e.g. a judge or judge) issues an emergency protection order to protect family members from further alleged abuse. This order can be made in writing or orally.

In normal Virginia battery and battery cases, Section 19.2-151 allows the suspected victim of the attack to report to a court that satisfactory civil sanctions have been imposed. This allows a court to indict a person who is being held for the alleged crime. This teaching is commonly known as agreement and satisfaction. However, this provision does not apply in cases of domestic violence.

Penalties for domestic violence in Virginia. Virginia sees domestic violence as a pattern of sexual, physical or emotional abuse, and therefore punishes those convicted of domestic violence based on its existing criminal record. First-time offenders can receive a prison sentence of up to one year and / or a fine of $ 2,500.However, upon his third conviction, a convicted party is guilty of a class 6 crime, which may result in a sentence of up to five years in prison and / or a fine of $ 2,500.Marriage rape is also covered in Section 19.2-218.1, where a court can consult an appropriate social service organization to determine whether psychological treatment of the accused is possible and to determine the likelihood of a positive outcome. A Virginia personal injury lawyer can help if you need legal representation in this area of law as well. More information about sex crimes in Virginia.

In addition, any conviction for domestic violence can trigger the federal ban on the possession of a firearm by a domestic perpetrator. This ban is significant because of the many professions in which the ability to hold a firearm is essential to employment, such as military service or law enforcement. Persons accused of violating section 18.2-57.2 should therefore consider all the consequences of a possible conviction when consulting with one of our lawyers.