Hampton, VA Domestic Violence Lawyer

Domestic violence is a type of assault and battery that is treated by its own statute in Virginia. Essentially, it is an assault and battery where the alleged victim is a family or household member. Domestic violence can be abuse that is sexual, physical, or emotional. That means that physical contact is not always necessary to constitute the charge. The destruction of property, for example, could be charged as a type of domestic violence, depending on the details of the case.

Virginia law is strict with regards to domestic violence and cases related to domestic violence are often very complex, so it is advisable to consult a Hampton criminal lawyer who is familiar with this area of the law.

Virginia Domestic Violence Laws

§18.2-57.2 is the statute that defines and outlines the penalties for domestic violence in Virginia. Spousal rape is type of domestic violence but it is covered under a different statute. Section 19.2-218.1 of the Virginia criminal code outlines spousal rape and allows the court to consult with the appropriate social services organization in determining how to handle the charge. When you contact a domestic violence lawyer in Hampton he or she will be able to explain to you in more detail the intricacies of a domestic violence charge.

In considering a domestic violence charge, it is important to keep in mind that Virginia applies a very broad definition of what encompasses a family or household member. It is not necessary that you live with the person, for example. §16.1-228 defines “ family or household member” in Virginia state law. This statute defines the meaning very broadly, so it is important to note that you do not need to be related to the person or live with them.

First time offenders can receive a sentence of up to one year in jail, in addition to a fine of up to $2,500, and defendants with a criminal record could face more serious jail time. Also, if you have a previous record related to assault and battery, even if it was not for domestic violence, the charge you face could be a felony.

It is also worth noting that any conviction involving domestic violence may result in a federal ban of your right to poses a firearm. Consulting with a Hampton domestic violence lawyer who has experience with domestic violence cases in Virginia is essential to building a strong defense, and to ensuring that you do not have to give up any of your rights.

What to Expect With a Domestic Violence Charge

An Emergency Protective Order, often referred to in its abbreviated form as an EPO, is a court order issued that forbids the person accused of domestic abuse from contact with the alleged victim. EPOs are typically prescribed for 72-hours before expiration. An EPO can be thought of as a temporary restraining order.

After the initial period the victim can seek renewal of the protective order in a Juvenile and Domestic Relations District Court. If a judge renews the EPO, it is now referred to as a Preliminary Protective Order (PPO). PPOs in Hampton, Virginia can last several weeks and are essentially restraining orders.

During these initial periods when a protective order may be in place before a trial has occurred, it is important to remember that even if you are innocent, you must obey the order. Violating the order will result in automatic jail time. Navigating a domestic violence charge is complex, but an experienced domestic violence defense lawyer in Hampton can help you.

Hire A Hampton, VA Domestic Violence Lawyer

A domestic violence charge requires a strong, aggressive defense and our Hampton domestic violence lawyers have precisely the kind of experience that can help you through this process. We can evaluate your case, maintain clear communication, and be strong advocates for you in court. Regardless of your situation, our Hampton domestic violence attorneys can help you. Contact our firm for your free consultation.