Virginia Domestic Violence Defense Attorneys

Domestic violence refers to criminal offenses occurring within a family or household. Charges can range from misdemeanors to felonies based on the situation. Repeat offenses or associated acts, such as violating protective orders, can lead to more severe penalties.

A Virginia domestic violence lawyer can help you understand the charge or charges you are facing, as well as the potential legal consequences. A defense attorney with extensive experience handling domestic violence cases, as well as negotiating with prosecutors to downgrade or even eliminate such charges, can provide the representation you need and deserve.

How Can a Virginia Domestic Violence Defense Attorney Help Me?

Hiring a domestic violence attorney helps you know what your rights are. When facing serious charges with the potential of a domestic violence conviction looming, it is critical to have an attorney who is advocating specifically for you and your future. When you hire one of our criminal defense lawyers, you will receive:

• Comprehensive legal representation
• Customized defense strategies
• Challenges to any evidence presented against you
• Plea agreement negotiations
• Legal advice focused on protecting your rights

Why Choose Parks Zeigler, PLLC

Parks Zeigler, PLLC, has a proven track record of advocating for those accused of crimes. Our experienced, dedicated attorneys are committed to helping clients through challenging times. We represent real people facing real difficulties and offer effective solutions.

If you are accused of domestic assault or any other act of domestic violence, let our dedicated family law and criminal defense team go to work for you.

Testimonials

“The professionalism and attention to detail from the Parks Zeigler team was critical in getting the desired results. I had worked with other attorneys in the past with little progress and this firm made a huge difference.” — Shane M.

“I really appreciate the professionalism from the firm I am more than satisfied with the results and I highly recommend it to everybody. Thanks very much.” — Ismael P.

“Mr Barlow has gone above and beyond for my son. He has treated us like family through our whole case and in my opinion is the best lawyer in Hampton Roads. He is always available for any questions we have had and has been there every step of the way. As a lawyer he accomplished what we thought could not be done. I would recommend him 1000 times over!!! And I don’t want to leave out his paralegal Christina, she is AMAZING and also has gone above and beyond for us.” — Barbara B.

Jason A. Barlow

Attorney

Jason A. Barlow was raised in the Great Bridge area of Chesapeake and attended Great Bridge High School. After graduation, he went to Old Dominion University, getting a bachelor’s degree…

Contact Jason A. Barlow

Aaron M. Pomeranz

Attorney

Aaron Pomeranz is a long-time resident of Hampton Roads and attended Kempsville High School where he played catcher for the Chiefs. He attended William and Mary, continued to play baseball…

Contact Aaron M. Pomeranz

What is Considered Domestic Violence in Virginia?

Domestic violence laws in Virginia are a type of “family abuse.” That means that they apply to situations involving, typically, people who live together or have close family ties. Some examples include:

• Immediate family members
• Household members
• Spouses
• Former spouses
• Cohabitants
• In-laws

Family abuse applies to situations in which any of the following types of domestic violence occur:

• Domestic assault and battery, which includes any unwanted or offensive physical contact carried out in a rude, angry, or vengeful manner, regardless of whether actual physical injury occurs.
• Threats, which encompass situations where an individual reasonably feels their safety is at risk.
• Stalking, which involves repeated harassment, unwanted attention, or intimidation.
• Harassment, including any unwelcome conduct or actions that cause alarm, nuisance, or emotional distress.

What Are Common Types of Domestic Violence Charges in Virginia?

Domestic violence offenses range based on the types of actions involved. Some of the following include:

• Domestic assault and battery
• Strangulation
• Malicious wounding
• Child abuse
• Stalking
• Violations of protective orders

It is critical to recognize that both physical and non-physical domestic violence can occur. In many cases, the law holds each of these to different degrees of severity.

Who Is Considered a Family or Household Member in Virginia?

If you commit one of these crimes against a family or household member, Virginia law may accuse you of domestic violence. Virginia law defines a family or household member as:

• A person’s spouse, whether or not they live in the same home
• A person’s former spouse, no matter where they live
• A person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents, and grandchildren, no matter where they live
• A person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law who live within the same home
• Any individual who has a child in common with the person, whether or not they have been married or living together
• Any other person who cohabitates or has cohabitated within the previous 12 months with the person

Special Considerations in Virginia Domestic Violence Law

As your legal team, we will discuss any of the following considerations that are applicable in your case with you during your confidential consultation. Our law firm often defends clients who are facing numerous charges across numerous legal codes.

Our criminal defense lawyers work closely with those accused of a crime to navigate some of the more challenging aspects of these laws, including:

• Firearms restrictions: Virginia law prohibits those who have an emergency or preliminary protective order in place for family domestic abuse or any act of violence, force, or threat from purchasing or transporting such weapons.
• Mandatory arrests: Virginia law requires that when police officers are called to a domestic dispute, they assess the situation to determine who the primary aggressor is. The primary aggressor may be arrested, and an emergency protective order may be issued if necessary.
• Child custody: In situations where there is any indication of domestic violence related to the child, child custody could be impacted.

Law enforcement must respond to calls for domestic disputes. That does not mean that you are going to face jail time. However, you cannot assume the police will “side with you” or not press charges against you. For that protection, allow our law office to fight for you.

Domestic Violence Arrest Procedures

Understanding criminal law can help you understand what you face if you are arrested for domestic violence. Typically, the process will proceed as follows:

• After an arrest, the individual is typically brought before a magistrate. The magistrate will review the case to determine if probable cause exists and may issue any necessary warrants based on this. If the individual has not been arrested, a magistrate can issue an arrest warrant upon finding probable cause.
• At this point, the magistrate will make an initial determination about bail. Some parties will receive a bond and be free to leave. Those facing felony charges or those with a serious criminal record might not receive a bond. At this point, we may issue or enforce a protective order.
• A judge will provide guidance on your right to counsel, and then a substantive hearing will be held to determine what occurred.

If you are facing misdemeanor or felony charges, you can expect ramifications throughout your life. A protective order could impose restrictions that affect your daily activities. You may have restrictions on contacting family members as well.

Domestic Violence Charges and Potential Penalties

A person can be charged for engaging in domestic violence if they carry out assault and battery against a member of their household or family. Assault occurs when someone tries to commit battery against another person or threatens to do so, causing them to be put in reasonable apprehension of bodily harm. Battery is harmful or offensive bodily contact, whether extensive or minimal. Even if the alleged victim does not sustain bodily harm, the act of trying to engage in battery, issuing threats of battery, or perpetrating battery can lead to criminal charges.

The legal definition of domestic violence is extremely broad, both in terms of the potential acts that can be considered to constitute the offense and the family relationships encompassed in this definition. These family relationships can include the alleged offender’s current or former spouse, co-parent, parents or stepparents, grandparents, children, stepchildren, siblings, and grandchildren, whether these parties have resided with the alleged offender or not.

The definition also extends to other individuals, including the alleged offender’s romantic partner with whom they currently live or with whom they lived in the year preceding the alleged offense. In-laws who live with the alleged offender are also considered family or household members against whom domestic violence can be carried out.

It is essential to contact a Virginia lawyer right away if you are facing allegations or charges of domestic violence. Domestic violence is usually a Class 1 misdemeanor, which carries a prison term of up to one year plus up to $2,500 in fines. However, if the accused has already been convicted of two or more domestic violence offenses in the past 20 years, which can include assault and battery or other related offenses such as malicious wounding, the charge would be a Class 6 felony. A Class 6 felony carries a prison term of up to five years, plus fines.

What Are the Penalties for Domestic Violence in Virginia?

Penalties for domestic violence convictions in Virginia depend on the specific circumstances of your case. Common consequences include:

• Jail sentences of up to one year for misdemeanor charges.
• Fines up to $2,500 for misdemeanor convictions.
• Mandatory counseling or anger management programs.
• Enhanced felony charges (Class 6 felony) if you have two or more prior domestic violence convictions, potentially leading to up to five years in prison and increased fines.
• Long-term impacts include firearm restrictions, difficulty obtaining employment, limitations in child custody cases, and harm to your personal and professional reputation.

The severity of penalties usually increases under the following conditions:

• There are previous domestic violence convictions.
• Serious bodily injuries occurred.
• Protective orders were violated.
• Weapons were involved or present during the incident.

What Additional Consequences Can a Domestic Violence Charge Have?

Additional consequences of domestic violence convictions, as well as charges, include:

• Damage to personal reputation
• Damage to professional reputation
• Risk of losing professional licenses
• Jeopardizing future employment options
• Impacting relationships

Are Domestic Violence Charges Misdemeanors or Felonies in Virginia?

Domestic violence charges typically are a Class 1 misdemeanor. However, in certain situations, they can escalate to felony charges, such as:

• Prior existing convictions
• Weapons are used or present during the altercation
• Injuries result in serious bodily harm
• Violations of protective orders occur

How Can You Contest a Domestic Violence Charge?

Those charged with domestic violence may work closely with an attorney to create a plan for contesting those charges. Some examples of methods to do so include:

• Demonstrating self-defense
• Showing a lack of evidence
• Demonstrating false accusations
• Noting constitutional violations of your rights

Your criminal defense attorney will analyze police reports, witness statements, text messages, and any other evidence to build a strong defense.

What Should I Do if I’ve Been Falsely Accused of Domestic Violence?

If you are facing false accusations, there are several steps to take to protect yourself:

• Avoid direct contact with the alleged victim.
• Gather evidence that supports your innocence.
• Seek legal representation immediately.
• Stay off social media.
• Work closely with your attorney to demonstrate that the accusations are inaccurate.

The consequences of a wrongful conviction can be severe. Working with an experienced Virginia domestic violence attorney reduces this risk.

Potential Defenses Against a Domestic Violence Charge

A Virginia attorney can identify legal avenues to defend against domestic violence charges. These cases can be incredibly complex and sensitive, given the context in which these allegations appear. Still, there can be multiple plausible defenses against domestic violence and related charges.

For example, self-defense can be an affirmative defense to domestic violence. Of course, innocence can also be a plausible defense.

Procedural errors or insufficient evidence can also be used effectively to contest a domestic violence charge. If prosecutors cannot meet their burden of proof beyond a reasonable doubt, they cannot secure a conviction.

What Happens if the Victim Wants to Drop Charges?

Accusations of domestic violence can carry long-term consequences. If a person wants to drop charges, law enforcement will interview the spouse regarding the incident. They will determine whether they believe that the person wishes to drop charges and why. The person making those accusations will likely meet with a domestic violence advocate, who may encourage them to move their case forward.

Contact a Parks Zeigler, PLLC, Domestic Violence Attorney for Legal Help

A Virginia domestic violence lawyer can conduct an investigation into your charge and the body of evidence available. There could be multiple potential defenses that may apply in your case.

Contact us today at 888-691-9319 or use our online contact form to speak with a Parks Zeigler, PLLC, defense attorney about defending against a domestic violence charge.