Fairfax Domestic Violence Lawyer
As a Fairfax domestic violence lawyer, I am well-aware of the sensitivities and complications associated with domestic violence charges. Domestic violence charges are particularly complicated and courts in Virginia deal with them as such. Emotionally charged arguments can sometimes lead to false allegations. At the same time, real victims of domestic violence are often afraid or reluctant to report these incidents. This makes DV cases quite frustrating for law enforcement, victims, prosecutors, and the accused. Being convicted of domestic violence can not only negatively affect your life due to legal consequences, but you may also find that a restraining order is preventing you from staying in your home, visiting the alleged victim, or seeing your children.
Given the very touchy and complicated nature of domestic violence incidents, it is imperative that you contact a Fairfax domestic violence lawyer as soon as you are arrested or charged with domestic violence, or if you have been served with a protective order.
For more information on assault-related crimes, see our page which discusses Virginia Assault Laws.
Domestic Violence Laws in Virginia
Domestic violence is commonly thought to include violent actions or threats against a spouse or loved one, but this crime encompasses other people in close relation as well. For example, you could be accused of domestic violence against an ex-girlfriend, an ex-spouse, a current or former cohabitant, or a family member.
Assault and Battery on a Family or Household Member
In Virginia, domestic violence is codified under Virginia Code § 18.2-57.2, which is called “Assault and Battery on a Family or Household member.” Virginia Code § 18.2-57.2 makes it a crime to inflict a visible injury on a spouse, family member, or cohabitant, and a conviction under this statute is a misdemeanor which subjects the defendant to a sentence of up to one year in county jail and a fine of not more than $2,500.
Virginia Code § 18.2-57.2 can be charged as a Class 6 felony when a person has been convicted of domestic violence on two previous occasions over a 20-year period. When charged as a felony, the defendant faces up to 5 years in a state prison.
Violation of a Protective Order
Whenever there are charges of domestic violence, a temporary restraining order is almost always issued by the court. These protective orders generally require that the accused have no contact with any of the people identified in the protective order. The term “no contact” generally means in person, over the phone, or through any sort of written communication. When the party is served with a protective order, a violation of any of the order’s terms becomes a crime in and of itself. This crime is known as contempt of court, and it is punishable by a fine or jail time. See Virginia Code §§ 16.1-253.1 and 16.1-279.1. If you are accused of having violated a protective order, it is imperative for you to contact a Fairfax domestic violence lawyer immediately.
How a Fairfax Domestic Violence Lawyer Can Help You
There are a variety of ways in which a Fairfax domestic violence lawyer can help you. First, some domestic violence cases are subject to a deferral of charges if the accused attends counseling for anger management and/or domestic violence and they remain on good behavior during a period of supervised probation. But collateral consequences may include firearm restrictions, as well as potential immigration consequences which could prevent you from becoming an American citizen or even result in deportation.
With that said, the earlier in the process you hire a Fairfax domestic violence lawyer, the better. If the charges are based on false accusations, and the complaining party is now willing to admit that, your Fairfax domestic violence lawyer will make arrangements to interview the witness and obtain the true story. Their statements can then be used as leverage to demonstrate that the prosecutor will not be able to prove the defendant’s guilt beyond a reasonable doubt. In turn, this may compel the Commonwealth to drop the charges. Whatever the situation may be, the job of every Fairfax domestic violence lawyer is to help you avoid a conviction and jail time.
An Example of How a Fairfax Domestic Violence Lawyer Can Help You
Chris and Rihanna are a married couple who live in Fairfax. Both Chris and Rihanna are singers. Their marriage is generally a very happy, loving one, but like most couples, they tend to argue about things – both important and not so important. One evening, they get into a heated argument, and Rihanna throws one of her Grammy awards at Chris’ head. The gold-plated gramophone hits Chris, causing a large bump to form on the left side of his forehead.
Chris looks in the mirror and is furious about the bump on his head. In a fit of anger, he calls 911 and tells the operator that Rihanna threw her Grammy award at him. Police officers arrive a short time later, but because Chris is no longer angry at Rihanna, he tells the officers that nothing is wrong and that he does not want the police involved in a petty marital squabble. The police notice the wound on Chris’ head and begin to ask him questions. Chris insists that he does not want to press any charges.
Despite Chris’ wishes, Rihanna is arrested for a violation of Va. Code § 18.2-57.2 and she is held on $5,000 bail. Chris bails Rihanna out that evening. The next morning, Rihanna hires a Fairfax domestic violence lawyer. Rihanna’s attorney advises her of the possible charges, her rights, the arguments and evidence the prosecutor might present, as well as the many different strategies they can employ to protect her from any possible charges.
Rihanna’s Fairfax domestic violence lawyer contacts the detective investigating the incident. Her attorney also contacts the prosecutor and urges that they not file charges. Because charges have yet to be filed, the prosecutor may decide to not go forward with the case. On the other hand, the prosecutor may file felony charges for domestic battery and malicious wounding. In the end, however, due to Rihanna’s lack of prior charges and persuasive argument from her Fairfax domestic violence lawyer, the prosecutor agrees not to file charges at all. Not only does Rihanna avoid a conviction and possible jail time, but she does not even have to appear in court.
Contact a Fairfax Domestic Violence Lawyer Today
If you or a loved one have been charged or arrested for domestic violence, or if you have been served with a protective order, contact the Law Offices of Randall Sousa today for a free consultation. Having an aggressive, skilled attorney on your side gives you the best chance of avoiding a conviction and the negative consequences which go along with it. Just because you were arrested does not mean you will be convicted. Let the Law Offices of Randall Sousa fight for you. Call now for a free consultation with a Fairfax domestic violence lawyer. 571-354-6164
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Randall Sousa, Esq.
Fairfax Domestic Violence Lawyer
Telephone: 571-354-6164 | Mobile: 571-328-6825
Toll Free: 800-875-6022
2920 District Ave. Suite 524
Fairfax, VA | 22031
By: Randall Sousa
AREAS OF DEFENSE
ASSAULT & BATTERY
CIVIL RIGHTS LITIGATION
DESTRUCTION OF PROPERTY
WHITE COLLAR CRIME
PASSIONATE AND PERSONAL SERVICE
The Law Offices of Randall Sousa provides clients throughout Virginia with affordable, professional, and aggressive criminal defense legal services. If you have been arrested, charged with a crime, or are under investigation, call us now for a Free Consultation.
Fairfax Criminal Defense Attorney Randall Sousa possesses a deep commitment and passion for criminal defense, and he is relentless when it comes to fighting for his clients in each and every case.
Law Offices of Randall Sousa
2920 District Avenue Suite 524 Fairfax, VA 22031