Virginia does not have a specific code section called domestic violence. However, there are certain offenses that are commonly referred to as crimes of domestic violence. The most common of these is violating Virginia Code Section 18.2-57.2, which is assault and battery of a family member. Other charges that may constitute crimes of domestic violence, depending on the context, include strangulation and abduction.
If someone has been accused of domestic violence in Virginia, they should expect that the charge will be taken very seriously. It is a serious offense with serious short-term and long-term implications. A domestic violence offense can lead to jail time, fines, and other consequences.
If you have been charged with domestic violence, you should contact an experienced criminal attorney. A dedicated Springfield domestic violence lawyer could advocate for you and possibly help you reach a favorable resolution to your case.
There are a variety of different protective orders that may be in place when someone is charged with the crime of domestic violence. The initial protective order is called an emergency protective order, or EPO. That emergency protective order is typically good for 72 hours. It is a protective order that is for what is considered a cool-down period to allow the parties to be apart from each other and to make sure that there is no acceleration of conduct due to bad blood or other feelings at the time of the offense.
The emergency protective order is common in nearly all cases of domestic violence. If the party who is seeking the emergency protective order wants to extend it, then they can do so by asking for that protective order to be permanent. The next step after an emergency protective order is called a preliminary protective order, or PPO. A preliminary protective order is in place based upon the petition of the accused that they request through a petition of the moving party if they request, and this lasts until a hearing can occur. At a hearing, the court would decide whether or not there is enough for there to be a permanent protective order or if the protective order will be dismissed. Consult with a domestic violence lawyer in Springfield for more information.
Violation of a protective order is a serious matter. If someone gets charged with violating a protective order, they should expect that they will have a new criminal offense and be charged with potentially having a separate probation violation based upon that new conduct. One of the reasons they are so serious is because the penalty in Virginia for violation of protective order must include a period of active incarceration. There is no way an individual can receive no active incarceration if they are found guilty of violating a protective order. The statute requires active incarceration, which is a rarity among Virginia misdemeanor offenses.
If someone is charged with a crime of domestic violence, it is possible that the protective order may apply to children who are in the home. For further questions about how exactly this may apply to someone’s custody and visitation situation, they should refer to a seasoned attorney.
The court has broad discretion in deciding what to do with an emergency protective order and how it will affect child custody and visitation. It is common that if someone has a protective order situation that it will apply to minors to the home and will not be in favor of the party who is subject to the act of violence and against the party who is accused of committing an act of domestic violence.
A domestic violence allegation can lead to significant penalties and long-term repercussions. If you have been charged with domestic violence, you should reach out to an accomplished attorney today. A skilled Springfield domestic violence lawyer could fight for you and help you throughout the legal process.
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