A domestic violence conviction can have severe implications in a person’s life that aren’t limited to criminal penalties. It can tear families apart and complicate a divorce or other family law proceedings. At its worst, it is a severe criminal offense punishable with penalties and jail time when authority gets involved.
Therefore, a domestic violence lawyer might prove critical to contact when a defendant is building a defense case for domestic assault.
According to Va. Code § 18.2-57.2, when a family or household member is the target of the threat, infliction of injuries, or attempted infliction of injuries, an assault and battery become a domestic violence offense.
For the offense to be considered domestic violence, according to Va. Code § 16.1-228, the individual must fall into one of the following classifications:
Individuals who constitute family or household members may also obtain a protective order against the person who has committed domestic assault and battery or any other family abuse.
Va. Code § 16.1-228 defines family abuse as any act of violence, force, or threat that causes physical harm or places a family or household member in imminent fear of death, sexual abuse, or bodily injury.
A person with domestic violence allegations in Arlington should contact a domestic violence lawyer to get legal advice about how to handle the situation best.
Domestic violence attracts plenty of potential legal and non-legal penalties for an offender of domestic violence.
As with many allegations, domestic violence charges in Arlington VA can come with enhanced penalties for the defendant in several forms, including:
The most common aggravating factors to enhanced penalties in Arlington VA, domestic violence cases are:
A domestic violence lawyer could help a person understand better how any potential aggravating factors may affect their case.
It is more likely that a person will be subject to the terms and conditions of a protective order when facing criminal charges for domestic violence. These protective orders can remain in place for several years after the case is over.
Violation of any of the provisions of a protective order can result in a contempt of court filing, which is a severe crime compared to simple assault.
However, breaching a restraining order is a distinct criminal offense, according to Va. Code 16.1-253.2. Violating the action of a protective order is generally a Class 1 misdemeanor offense that carries at least a one-day mandatory jail term.
However, a second violation within five years that involves an act or threat of violence, although still a misdemeanor, will require a minimum sentence of 60 days incarceration, which is consecutive to any other sentence.
A third or subsequent violation in 20 years that involves an act or threat of violence is a Class 6 Felony that carries a minimum jail sentence of six months, consecutive to any other sentence.
Since the penalties for violating a protective order may be harsh, contacting a domestic violence attorney in Arlington VA might prove critical.
A defense lawyer is the best help to understand Arlington, VA’s domestic violence penalties. The sooner a defendant contacts a domestic violence lawyer, the more favorably the lawyer could resolve their charges. By doing so, the attorney may help get your case dismissed or reduce your charges to the less serious ones.
As a reputable law firm, NOVA Criminal Attorney understands the rules and legalities associated with domestic violence cases. Criminal attorney Jad Sarsour’s many years of experience allows him to see your side of the story that deserves to be heard.