Domestic assault and battery charges in Virginia include serious consequences. Domestic assault and battery in Virginia is an assault against a family member or other member of household. According to Virginia Code 18.2-57.2, domestic assault and battery charges have very serious outcomes and the offender is punished with jail, fines and incapability to have a weapon. There are also consequences with respect to employment particularly, if the convicted person is attempting to acquire a security approval. Domestic assault and battery charges in Virginia will also result in an emergency protective order which will be valid for 72 hours. This protective order forbids the accused from having contact with the victim. Breach of these protective orders can also result in extra criminal charges.
Evidence of Domestic Assault and Battery Charge in Virginia
Domestic assault and battery charges in Virginia needs to be taken very seriously. The offender can be imprisoned even if the victim does not want the offender to be sued. Once the case is filed in court, no one can drop the charges. For convicting a criminal of Virginia domestic assault and battery charge under Code 18.2-57.2, the Commonwealth needs to prove domestic assault and battery charge and that it was against the family member or other household defined in Code 16.1-228.
Family or Household
It is a very broad term which also cover extended family as well. Virginia Code 16.1-228 defines family or household as:
- Partner whether living or not in the same house with the person
- Former spouse whether or not living in the same house with the person
- Parents, step parents, children, step children, sisters, brother, grandparents and grandchildren.
- Father and mother-in-law, daughter and son-in-law who live in the similar home.
- Any individual who has a child in mutual, whether or not live in the same house with the person
- Any individual who shares, within last 12 months, shared any children with the person living in the same house.
Consequence for Domestic Assault and Battery Charge in Virginia
In Virginia, domestic assault is considered as Class I misdemeanor with a punishment of 12 months in prison and a fine of $2,500. A verdict for third offense domestic assault and battery charge in Virginia within 20 years is Class 6 felony, with punishment of 6 month in jail and 5 years in prison. The early two conviction can be for domestic assault code 18.2-57.2 or combination of crimes committed against family members which includes domestic assault, malicious hurting (code 18.2-51), aggravated hateful wounding (18.2-51.2) bodily injury (18.2-52) and strangling (18.2-51.6).
How can Virginia Lawyer can help you?
If you are facing domestic assault and battery, a Virginia defense lawyer specialised in assault and battery cases can help you prepare for trial, gain discovery proof, and apprehend your options in any offense or crime case. Contact our lawyers at SRIS Law Firm and get your case solved.
If you wish to consult an SRIS Law Group, P.C. attorney,
Call us at 888-437-7747