VIRGINIA DOMESTIC VIOLENCE LAWYER

Domestic violence affects both men and women every day.  As a Virginia domestic violence lawyer, I can defend you and fight for your legal rights in court.

read below important information about emergency protective orders:

Continue reading to learn more about domestic violence and your rights as someone being charged with domestic violence in Virginia.

What is the Difference Between Assault and Domestic Violence In Virginia?

Charges for domestic violence are different from assault (Virginia Law 18.2-57) charges because the state recognizes that there is a “special relationship” between family members or residents of the same household.

This is looked at differently because of the importance of safety and peace of mind in the home.

Generally, when there is a domestic assault charge, an emergency protective order will be petitioned because of the relationship between people involved in domestic violence.

When an assault occurs between strangers, a protective order may not be the first option if your attacker was unknown or you do not see them frequently.

When there is intent to injure or to threaten a family or household member, then it becomes domestic abuse. Being charged with domestic violence is a Class 1 misdemeanor so it is vital that you seek representation.

Because these are two different charges, penalties for assault as a hate crime based on race, religion, color or national origin has a minimum confinement time of thirty days to six months.

Depending on the results of the assault, such as a bodily injury due to race, religion, color or national origin, it moves up to a Class 6 felony.

Assault and battery against a family member are considered a Class 1 misdemeanor.

If you are convicted of multiple instances of domestic assault and battery against a family member within the last twenty years, then it moves up to a Class 6 felony.

What Are The Possible Penalties for Domestic Violence in Virginia?

As a Class 1 misdemeanor, assault and battery against a family member is punishable with up to one year in jail and a fine up to $2,500.

Like any other charge, this is up to the discretion of the judge and will vary depending on the circumstances of your case.

If you are charged with domestic violence and inflict substantial bodily injury, strangulation, malicious wounding or any unlawful violence then you could be charged with a Class 6 felony.

What Are The Three Types Of Protective Orders Involving Domestic Violence?

A protective order or a restraining order restricts the ability of the receiver to come into contact, prevent harm, and other benefits listed in the protective order.

There are three types of protective orders you may be eligible to obtain after a domestic violence incident. These include:

• Emergency Protective Order
• Preliminary Protective Order
• “Permanent” Protective Order

What Is An Emergency Protective Order?

An emergency protective order is an immediate and active response to an incident that results in an arrest where the officer at the time has probable cause to believe that you are in danger.

However, an emergency protective order does not always need a reportable incident by a law enforcement officer to be ordered by a magistrate or judge.

This order will last up to 72 hours, which a court appearance will be necessary for a permanent order to be issued.

An emergency protective order may also occur if someone who has been incarcerated is being let out of jail unexpectedly and is a threat to your safety.

What Is A Preliminary Protective Order?

After a domestic violence incident has been reported, it will most likely follow with a preliminary protective order.

A protective order or a restraining order is a court order that restricts the ability of a person to come into contact with you.

Filing a petition for preliminary protection allows immediate protection directly after an incident of family abuse.

This order is called an ex parte order because it is given without notice to the defendant and without a court appearance.

An ex parte order is granted when the petitioner shows there is a reasonable concern for the protection of someone in “immediate and present danger”.

A preliminary protective order only lasts until a proper hearing in court can be held. The hearing must be within 15 days from issuing the preliminary order unless there are extenuating circumstances that require more time.

What Is A “Permanent” Preliminary Protective Order?

At the hearing for a final protective order, the court must decide if there is a substantial amount of evidence to prove that there is an act of violence or threat to the person’s safety. 

The court may decide to grant the order for a maximum of two years and when the first and last date of the protective order is valid.

This does not mean that you can only be granted a protective order for two years.

Virginia law allows an unlimited amount of extensions to request or grant a protective order.

In domestic violence cases where a permanent preliminary protective order is issued has the possibility of offering additional protection.

Additional protection may include granting temporary child support, child custody, and visitation depending on the circumstances.

Since domestic violence involved households and/or family members, these are factors that need to be considered.

For the best chance to be granted a protective order, reach out to a domestic violence lawyer in Virginia.

What Happens if you Violate a Protective Order Because Of Domestic Violence in Virginia?

As with any court order, violating any type of protective order is considered contempt of court and is punishable by a fine and possible jail time.

Depending on the severity of the violation, multiple criminal charges may be placed against you and may include multiple criminal penalties.

The court will most likely look at both the crime you committed and the act of violating the order separately.

What Is Deferred Finding Involving Domestic Violence in Virginia?

After a domestic violence conviction, it is important to know your options.  Sometimes a deferred finding is granted, by the discretion of the court, to defer your sentencing up to two years after you are found guilty.

If you are granted deferred finding, then this limits you from the following during your probationary time:

• Possessing/owning a firearm
• Committing additional violations of the law
• Contact with the opposing party who filed the charge

Failure to comply with any of these probationary terms may result in a possible conviction of your charge.

The benefits of the deferred finding are that you are not incarcerated at the time of your conviction, and you have the possibility of having your charge dismissed.

Depending on the situation, this may be an option for you if there is sufficient evidence to find you guilty.

Is There A Downside to Deferred Finding After A Domestic Violence Charge?

Although a deferred finding after a domestic charge may be the best outcome for you, it is not always the case in every scenario.

Even if your conviction is dismissed from your record, you are unable to expunge a deferred finding from your record.

This means that your arrest record will always be obtainable by law enforcement.

By accepting the deferred finding, you are accepting both the charge and conviction if the judge does not decide to dismiss you at the end of your probation.

Dismissal of your charge is up to the judge’s discretion and there is no guarantee at the end of your probation that your charge will be dismissed.

Consulting with a lawyer prior to deciding whether to accept the deferred finding because of the limitations that come with it.

What If No Charges Are Brought on You By The Complainant of Domestic Violence in Virginia?

During domestic violence cases in Virginia, you are charged by and prosecuted by the Commonwealth of Virginia.

A domestic assault case does not require the complainant to file a formal charge in order for the Respondent to be convicted of domestic violence charges.

When the Complainant does not charge the accused or take the stand to give their testimony, then this is referred to as a “victimless prosecution”.

In this type of circumstance, the Commonwealth Attorney will try to prosecute by compelling the Complainant to give their testimony.

Under certain circumstances, a Commonwealth Attorney may be able to compel a Complainant to testify by threatening contempt of court.

If the Commonwealth Attorney is unable to obtain the complainant’s testimony, then they may attempt to acquire either another witness to the assault or a confession from the accused to successfully win their case.