Prince William County Domestic Violence Lawyer

Domestic violence cases are a special case brand in Prince William County, VA. If a household places a 911 call with a complaint of violence when the police officer arrives, someone must get arrested, even when both parties have calmed down and pleaded that no arrest be made. Law enforcement, prosecutors, and judges are very cautious when handling these cases and will quickly make arrests to apply for restraining orders. Domestic violence is assault and battery against a family or a household member.

Domestic Assault Charges

• First Offense Assault on Family or Household Member under § 18.2-57.3

Persons facing allegations of assault and battery against a family member may be required to go on local community-based probation or other related programs.

1. When a person is facing simple allegations where the victim is a family member, in violation of subsection A of § 18.2-57, or violates § 18.2-57.2, the court may put off the proceedings against such person for a period of time, without charging or convicting the defendant, and instead place the individual on probation.
2. For a person to be eligible for such deferral, the court shall find that:
3. The person was an adult when the offense took place
4. The defendant has no conviction record for any offense under this article or United States statute related to domestic assault.
5. The person has no previous charges against him for violating such an offense dismissed as provided in this section.
6. The person pleads guilty to or enters a plea of not guilty or nolo contendere, and the court finds the evidence is sufficient to find the person guilty of simple assault in violation of subsection A of  §18.2-57 where the victim was a family member of the person  or a breach of  §18.2-57.2
7. The person consents to such deferral.
8. Suppose a defendant is convicted or participates in a statutory first-offender program. In that case, they may lose their right to possess firearms under federal laws regardless of whether the charge is a misdemeanor or felony.
9. If convicted, aside from the standard amount of fine and jail time, an individual may be subject to various civil or criminal protection orders for one or more years after the case. Violating these court orders could result in further charges, prolonging the underlying case.
10. Despite obeying restriction orders, the court orders might result in losses of one’s residence and child custody rights and unfavorably affect pending divorce proceedings.
11. A conviction can also demand long-term supervised probation where the court requires the defendant to complete domestic abuse awareness or anger management programs to avoid further periods of incarceration.
12. Assault and battery against a family or household member is a misdemeanor offense that carries a potential sentence of a $2500 fine or up to one year in jail, even on the first.
13. Subsequent offenses can result in stronger penalties and felony charges. Beyond the criminal penalties, the offender may face family destruction because children can be removed from the home

Given the numerous severe consequences that a domestic violence conviction presents to the accused, it is vital to find an experienced lawyer.

How to Prepare for a Case

The most important step an individual can take to help their domestic violence case is:

• Abide by the protective orders during the pendency of the case. This is because breaching a restraining order before the case is over is contempt of court. Contempt of court is punishable by a jail term or a fine. (Va. Code Ann. § § 16.1-253.1, 16.1-279.1.)
• Lawfully preserve all the relevant evidence that a defendant can share with the domestic violence lawyers in the future. A skilled domestic violence lawyer may recommend certain mitigation activities before court dates. Such as enrolling in therapy or violence awareness programs.

Some of the most critical pieces of evidence involved in a domestic violence case are:

• The defendant’s prior statements to the cops
• Photographs of injuries that each of the parties sustained from the alleged violence

If a defendant admitted to the charge when initially confronted by the cops. And if the prosecution has pictures of injuries sustained by the alleged victim from the same time. Then the testimony of the alleged accuser might not be needed for the trial to proceed with charges, despite the alleged victim’s wishes.

When the prior statements of each party are vague, the original 911 phone call recording could become a crucial piece of evidence, as well as the alleged victims’ trial testimony.

Common Defence Strategies For Charges

When your lawyer determines that the police report is consistent with your defense, they will gather evidence to reinforce it. Domestic violence defense falls into the:

• Self-defense

Self-defense is one of the most common domestic violence charges. Virginia state law allows a person to repel improper physical contact with reasonable force. If a person honestly and reasonably perceives bodily harm by another.

However, the person who generates a confrontation can’t claim self-defense except when one has tried to retreat to de-escalate the confrontation before resorting to force. Moreover, the force used during self-defense must also be reasonably proportionate to the threatened harmful contact.

• Defense of others

Another defense a defendant can use in Prince William County, VA, is the defense of others. This strategy posits that a person can defend another only insofar as the other person can defend themselves under the normal standard of legal self-defense. An attorney may also dispute the familial status of the alleged victim to the defendant in charges.

Call a Prince William Domestic Violence Lawyer

Suppose you are facing allegations of household abuse. In that case, it is essential to hire a lawyer immediately for several reasons. These cases are usually emotionally charged, and the defender can make the matter worse by leaving angry messages on voicemail.

Having a domestic violence attorney in place can help you negotiate better. And more liberal restraining orders with the prosecutor by providing pertinent information that the prosecutor would otherwise not know.

Call an experienced lawyer at NOVA Criminal Attorney of Jad Sarsour for legal representation.