Law enforcement is required to make an arrest for domestic violence when they determine that there was an aggressor, there has been an injury, and there has been an act of violence. They are going to follow their internal procedures in deciding whether the crime was committed, whether it was assault and battery, and whether it was a degree that they want to prosecute it.
If you have been charged with domestic violence, you could be facing severe penalties and long-term consequences. To learn how an accomplished defense attorney could help you, consult with a Fairfax domestic violence lawyer today.
The nature of evidence used in a domestic violence case is going to vary significantly from case to case. Some cases may have much more forensic or technical evidence, such as videos, audio, photos, or even DNA evidence. The prosecutors will look for any evidence that may show an assault occurred. Other cases will be nearly all testimonial evidence. Every case is unique and there is no requirement that certain types of evidence be offered. The evidence simply must be sufficient to prove guilt beyond a reasonable doubt in the case, and how the prosecution chooses to get there or how the defense chooses to protect themselves is up to them. A Fairfax domestic violence attorney could help a defendant with the process by collecting evidence in their case to build a viable defense strategy.
A restraining order is often confused with the more appropriate legal term for criminal and family law matters, which is a protective order. A restraining is defined as an order prohibiting an entity from doing certain things in a civil context. It is more equivalent to an injunction than it is to a protective order. If an individual is charged with domestic violence in Fairfax County, they may be subject to a protective order.
A protective order does not necessarily impact the criminal case, it is typically the other way around. Depending on the criminal case, it will impact the timing of the protective order. There may be instances in which the protective order impacts the criminal case in that the only relief that is sought from the alleged injured person (who may also be the party seeking the protective order) is no contact. Therefore, it can be satisfied civilly through a protective order and then there may be opportunities to be more creative on the criminal side of the case. It may also vary from prosecutor to prosecutor and case to case.
It is essential for an individual charged with such a serious offense to contact a Fairfax domestic violence lawyer as soon as possible. Domestic violence lawyers handle the wide variety of cases that encompass the umbrella of domestic violence on a regular basis. Under Virginia law and in Fairfax County, there is no specific crime called domestic violence. There are, however, a variety of common offenses that come under that same umbrella of conduct that one could view as domestic violence.
The most common of these is assault and battery of a family member under Virginia Code, Section 18.2-57.2. If you have been charged with this, you need to know what it means, what options are available to make, and what strategies work. You will want to know about negotiating with a potential prosecutor as well as trial strategies, what punishments may occur, and other options you have besides a trial to resolve your case. It helps to have an experienced lawyer who handles these cases on a regular basis.
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