Portsmouth Domestic Violence Lawyer

Domestic violence is a serious and often sensitive matter. Legal matters of a domestic nature, particularly criminal charges, can be challenging to address. Read the sections below to learn more about domestic violence charges and how an experienced Portsmouth domestic violence lawyer can assist you with your case. Call today for a consultation with a domestic violence lawyer in Portsmouth.

Why Work With a Domestic Violence Attorney?

There are many benefits to working with an experienced defense attorney.  The most important reasons to reach out to outside counsel when charged with domestic violence charges, however, are to preserve your freedom and your reputation.  A Portsmouth domestic violence lawyer can help you achieve these goals by:

  • Helping you to respond appropriately to any protective orders you may be facing
  • Investigating your case carefully and developing a personalized defense strategy
  • Preparing you for any court appearances or plea negotiations
  • Defending your rights in court and presenting a strong defense in your favor

There’s no need to face your charges alone. Call a Portsmouth domestic violence attorney today to schedule your free initial consultation to learn about your defense options.

What is Domestic Violence?

Domestic Violence Lawyer in Portsmouth VADomestic violence, referred to in Virginia as family abuse, refers to an array of conduct that violates a family member or household member, including violence or threats that result in injury to the person or fear in the person that he/she will be killed, injured, or sexually assaulted (Virginia Code Section 16.1-228). This also includes stalking, unlawful detention, rape, and statutory rape against a family or household member (VA Code 16.1-228).

Who is Considered a Family or Household Member

According to Virginia law, spouses and former spouses are considered family or household members regardless if they live in the same household as the person (VA Code 16.1-228). Other relatives, including siblings, half-siblings, parents, stepparents, children, stepchildren, in-laws, grandparents, and grandchildren, are considered family or household members only if they are living in the same household as the person (VA Code 16.1-228). Additionally, anyone who has a child with the person regardless if they are in a relationship or living together, and anyone who lives or has lived with the person in the last 12 months, is considered a family or household member (VA Code 16.1-228). For questions on whether someone is considered a family or household member contact a Portsmouth domestic violence lawyer today.

Penalties of Domestic Violence

Assault and battery of a family or household member is a Class 1 misdemeanor that is punishable by a jail sentence up to 12 months, a fine up to $2500, or both, upon conviction (VA Code 18.2-11). A repeat offender who is convicted for a third time will face a Class 6 felony (VA Code 18.2-57.2). A Class 6 felony in Virginia is punishable by 1 to 5 years imprisonment, or, as decided by a judge or jury, up to 12 months in jail, and/or a fine no greater than $2500 (VA Code 18.2-10).

Stalking of a family or household member is also a Class 1 misdemeanor punishable by up to 12 months in jail and/or a fine up to $2500 (VA Code 18.2-60.3). The provision for repeat offenders mentioned above also applies to a charge of stalking a family or household member, resulting in a Class 6 felony (VA Code 18.2-60.3). A conviction for stalking of a family or household member will result in an automatic protective order issued by a judge (VA Code 18.2-60.3).

Let a Portsmouth Domestic Violence Lawyer Help You

A conviction of domestic violence can greatly affect your future and your relations with your family. When facing a domestic violence charge, there are a lot of legal implications to consider beyond the information contained on this page. A Portsmouth domestic violence lawyer who is familiar with the system and the law will inform you of all of the legal implications and challenges of your case. Get your free consultation to learn more about how we can help.