criminal defense
Domestic Violence
Domestic Violence
Virginia law typically defines domestic violence offenses as acts committed against family or household members. This can include spouses, ex-spouses, children, parents, siblings, and individuals who share a child.
Domestic violence offenses may include assault, battery, criminal threats, stalking, and other forms of physical, emotional, or psychological abuse.
Calling the police
In cases of domestic violence, law enforcement officers in Virginia are required to determine the primary aggressor when making arrests. This determination is made based on factors such as the history of violence, the severity of injuries, and self-defense considerations.
Impact on Gun Rights
Federal Law prohibits people convicted of domestic violence charges from owning or possessing firearms.
Penalties
The following are common penalties associated with various domestic violence convictions:
- Jail time: up to 1 year for misdemeanor convictions such as Assault and up to 5 years for felony convictions such as Strangulation
- Fines up to $2,500
- Anger management classes
- Batterers intervention courses
- Protective orders issued against the alleged aggressor, which can lead to additional criminal charges if those orders are violated
Protective Orders
Emergency Protective Orders (EPOs):
Law enforcement officers can request emergency protective orders on behalf of victims. These orders are often issued when there is an immediate threat of harm.
Preliminary Protective Orders (PPOs):
A victim can petition the court for a preliminary protective order, which can provide temporary protection until a full hearing can be held.
Permanent Protective Orders (POs):
A court may issue a permanent protective order after a hearing. This order can have a duration of up to two years and may include provisions regarding contact, residence, and other protective measures.
Batterer Intervention Programs
In some cases, individuals convicted of domestic violence offenses may be required to attend batterer intervention programs as part of their sentencing.
Facing charges for domestic violence? Time is of the essence, and you deserve a legal ally who understands the intricacies of your situation. Our experienced team at Wolf Law Center is here to provide the guidance and support you need.
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