Hampton Roads Domestic Violence Lawyer

Domestic violence is classified as a criminal offense against a family or household member or close relatives, such as a parent, a sibling, a child, or someone the accused person is either living with or has lived with during the past year, or someone with whom they have a child in common.

A person accused of domestic violence may be arrested, which could result in a misdemeanor. If arrested, the individual may have to appear in court. Depending upon the person’s record, they may not have to put up some sort of bond. They may not be granted bond if they have a bad record, in which case, they may have to get a bond hearing. A person can expect the commonwealth to pursue the charges held against that person and for the process to be lengthy.

If you have been charged with domestic violence in Hampton Roads, you should contact an experienced defense attorney right away. A Hampton Roads domestic violence lawyer may be able to help you build a strong defense.

Protective Orders

Normally, whenever there is a domestic violence charge, there will be an emergency protective order issued that usually lasts for a period of 72 hours in which the alleged victim and the defendant are not to have contact with one another. Once the person appears in front of the judge, the judge can grant an extension of that protective order at the request of the accuser. Also, in many cases, one of the bond conditions may be no contact with the person.

If a person has contact, there are two possible ways in which they could be in trouble. First, it could very well be a violation of the bond, in which case the person would then be taken to jail. It is also more than likely that the person would be held in jail until the case is heard. At the very least, the person will need to have a bond hearing and convince the judge to grant another bond, and the person would be looking at a higher bond than before. Also, contact can be considered a violation of a protective order, if there was a protective order taken out, and that is another criminal defense with a separate misdemeanor charge.

Laws Regarding Child Custody After Domestic Violence Charge

Custody and visitation run on a separate track than the criminal matters. Usually, if the individual has a child in common with the alleged victim and there is a protective order issued, there will be some sort of exceptions to allow for visitation and custody. If there is already a custody order in place, usually the judge will allow for exceptions to the protective order during those times.

If there is no previous custody order, then the judge can set out certain times during which the person can have visitation. They can also leave it up to the parties. The judge can also keep the full protective order, without exceptions, while the case it is being tried. That is an extreme remedy because judges do not like to cut parents off, but depending on the facts and circumstances of the case, it is possible that the person may not be able to see their children while this case is being tried without violating the terms of the protective order. This is why is essential to work with a Hampton Roads domestic violence lawyer for help building a defense to these accusations.

Potential Penalties

Determining penalties in a case depends on various factors, such as the alleged injuries involved and the types of evidence presented throughout the case and throughout the investigation. If the injuries were minor, it was not directed toward an accused individual’s children or the mother of the children, then the judge might take that into consideration and will be more likely to allow for some sort of visitation. If the injuries were significant, then that is going to be a factor that is going to work against the person regarding their penalties and their regulations on visitation.

Benefit of a Hampton Roads Domestic Violence Lawyer

There are many benefits to hiring a Hampton Roads domestic violence lawyer for this situation. An experienced attorney may be able to consult you on the proper mannerisms in court, as well as properly answering questions with the appropriate responses. Contact a Hampton Roads domestic violence lawyer who may be able to provide you with the proper legal representation you deserve.