- Key Takeaways
- Why Clients Choose Randall, McClenney, Daniels & Dunn, PC as Their Domestic Violence Defense Attorney
- Understanding Domestic Violence Charges in Virginia Beach
- Who Can Qualify as a Family or Household Member?
- Penalties for Domestic Violence Charges in Virginia Beach
- Defenses Against Domestic Violence Charges in Virginia Beach
- How Can a Virginia Beach Domestic Violence Defense Attorney Help My Case?
- Every Story Has Two Sides—Let Us Help You Tell Your
- Frequently Asked Questions
Virginia Beach Domestic Violence Defense Lawyers
- Key Takeaways
- Why Clients Choose Randall, McClenney, Daniels & Dunn, PC as Their Domestic Violence Defense Attorney
- Understanding Domestic Violence Charges in Virginia Beach
- Who Can Qualify as a Family or Household Member?
- Penalties for Domestic Violence Charges in Virginia Beach
- Defenses Against Domestic Violence Charges in Virginia Beach
- How Can a Virginia Beach Domestic Violence Defense Attorney Help My Case?
- Every Story Has Two Sides—Let Us Help You Tell Your
- Frequently Asked Questions
Key Takeaways
- Domestic violence is a serious charge in Virginia Beach, one that can lead to a Class 1 misdemeanor.
- If you are charged with domestic violence, someone is seeking a restraining order against you, or you believe you could be accused, meet with our Virginia Beach domestic violence lawyers for immediate help.
- Our law group provides dedicated legal insight during difficult charges for those facing domestic violence charges in Virginia Beach.
Being accused of domestic violence can feel like your world is falling apart. The weight of uncertainty about your future, your reputation, your relationships, your career, and even your freedom—can be crushing.
The stigma attached to such accusations can lead to feelings of isolation and despair, as friends and family may distance themselves, leaving you feeling utterly alone. These charges carry the weight of severe consequences that could haunt you for years, amplifying the fear and anxiety that grip you as you grapple with the possibility of losing everything you hold dear. The emotional turmoil can be relentless, making it difficult to see a way out of the darkness.
At Randall, McClenney, Daniels & Dunn, PC, we understand the gravity of these charges and the profound impact they can have on your life. Our dedicated team of experienced Virginia Beach domestic violence defense attorneys is here to provide the compassionate support and vigorous advocacy you need during this challenging time. Don’t let a domestic violence accusation define your life. Contact Randall, McClenney, Daniels & Dunn, PC today for a confidential consultation.
Why Clients Choose Randall, McClenney, Daniels & Dunn, PC as Their Domestic Violence Defense Attorney
Our law firm’s decades of experience and innovative defense strategies are a testament to the passion we bring to every case. We care about your situation and aim to provide you with the legal advice you need when you are fighting criminal charges. When you speak to our attorneys, including in domestic violence cases, you always receive accurate, transparent, and honest insight into your legal options. Trust us to fight for you.
Testimonials
“I would like to thank the law firm of Randall, McClenney, Daniels & Dunn, for a job well done. The awesome customer service, great professionalism, and communicated with me very well from start to finish. They got me the best outcome I could have expected and I am very pleased with the service they provided. I like to give special thanks to Tracee Williams. You are awesome. This young lady kept me on top of everything that was going on, day and night. Attorney Carol Zacheiss, thank you so much. Lori Stevens, Kimberly Collins, and staff, keep up the great job. I definitely will let my friends, family, and associates know to contact your office if in need of an Attorney.” – John C.
“The team did an excellent and thorough job gathering the details and representing me. Very pleased with the outcome” – Steve J.
Understanding Domestic Violence Charges in Virginia Beach
Domestic violence occurs when abusive behavior happens between people who are intimate partners or family members. This may include spouses, children, parents, siblings, or other people living within the same home. Under Virginia law, domestic violence is a Class 1 misdemeanor.
Examples of domestic violence may include:
- Attempting to cause harm or threatening to harm someone through physical abuse, severe emotional distress, rape, psychological trauma, or sexual assault
- Engaging in conduct or committing acts in which a reasonable person would fear bodily harm
- Falsely imprisoning someone
- Attempting to cause or causing damage to another person’s property as a way to control or intimidate another person’s behavior
If you are facing charges of any type under the state’s domestic assault laws, we strongly recommend contacting our law office for a consultation to discuss your legal rights.
Who Can Qualify as a Family or Household Member?
The alleged victim could include:
- Spouses or former spouses
- Siblings
- Parents
- Children
- Other people living in the same household
Note that domestic violence issues not only encompass physical abuse but also emotional, sexual, and financial abuse.
Penalties for Domestic Violence Charges in Virginia Beach
In Virginia, domestic violence is referred to as assault and battery against a family or household member under § 18.2-57.2. Here are the typical penalties and key points for domestic violence offenses:
- First time offense: Class 1 misdemeanor charge, punishable by up to 12 months in jail and up to $2,500 in fines.
The court may allow a deferred disposition, for first-time offenders if the individual is placed on probation and completes treatment or education programs, such as anger management or domestic violence classes. If all conditions are met, the charges may be dismissed. However, a domestic violence record cannot be expunged. Failure to meet the conditions of the probation can lead to full conviction and sentences.
- Third and further offenses: A Class 6 felony charge, punishable by one to five years in prison or up to 12 months in jail, with fines of up to $2,5000 if the court allows a shorter sentence.
Defenses Against Domestic Violence Charges in Virginia Beach
Once you establish an attorney-client relationship with our criminal defense lawyers, we will outline your legal options and create a clear defense strategy fitting your situation. Your defense strategy may include the following:
- Self-defense: Demonstrating that your actions were a direct indication of a threat from the other party and you were protecting yourself from harm
- False accusations: Providing proof that the allegations made against you are, in some way, inaccurate
- Lack of evidence: Building a case that indicates there is no legally viable evidence that can prove you committed the actions accused
How Can a Virginia Beach Domestic Violence Defense Attorney Help My Case?
VB domestic violence charges are complex, and by working with an attorney who has extensive experience and a track record of fighting hard for clients, you gain peace of mind. There are numerous examples of when an attorney could be critical in your case.
For example, if any type of accused domestic violence occurs and law enforcement comes to the property, someone will likely go to jail. Even if that alleged victim tries to convince the court that everything is fine and okay, the court is not likely to turn away from those charges. It is not likely that you can just drop the charges. You will go to trial, and that means you need an attorney who will show you do not deserve such charges. Ultimately, the prosecutor’s office makes the decision to move the case forward or not, and the victim simply becomes the witness.
Going to court without an attorney is a significant risk. Instead, select an attorney with a proven track record of handling these challenging cases.
Every Story Has Two Sides—Let Us Help You Tell Your
At Randall, McClenney, Daniels & Dunn, PC you are never faced with making these critical decisions alone. To learn more about your legal rights, contact us now by filling out the form online or calling 757-742-6115.
Frequently Asked Questions
When the law takes someone into custody, they begin to collect evidence, including photos, statements, and documentation of injuries. They also determine who is the most aggressive.
If there is probable cause, an arrest is made, and the officer will then petition for an Emergency Protective Order (EPO) to protect the victim. In some situations of high risk, an assessment could include helping the victim seek shelters or hotlines for additional help.
The officer documents all evidence to create a detailed report that is then provided to the prosecution. Severe cases or repeat offenses may be referred to the domestic violence unit for further investigation and prosecution, with stricter penalties for repeat offenders.
A protective order aims to minimize risk to the alleged victim by requiring specific protections, such as eliminating one-on-one communication or interaction until the legal issue is resolved. There are various stages of a protective order that could apply in your situation:
- Emergency protective orders: Law enforcement helps victims get this type of order, which lasts three days.
- Preliminary protective orders: This can last up to 14 days, and the defendant has no right to be at the hearing for this decision. You will not be excluded if you are there, but the court does not have to send you notice to be at the hearing.
- Permanent protective orders: These last for up to two years, and all parties must be present and have the right to respond.
In Virginia Beach, a domestic violence conviction remains on an individual’s record indefinitely. Regardless of whether the offense is classified as a misdemeanor or felony, it cannot be removed. A first-time domestic violence charge is typically categorized as a Class 1 misdemeanor, which will stay on the criminal record unless expunged. Expungement is only possible under specific circumstances, such as if the charges were dismissed or the individual was found not guilty.
For more serious offenses, such as a Class 6 felony resulting from repeated convictions, the record will also remain permanent. Expungements for felony convictions are rare and usually require meeting strict legal criteria.
Because your record is likely to have a long-term implication if you are convicted, it is critical to have an attorney available to fight for you.
A conviction for domestic violence can significantly impact child custody and visitation rights in Virginia Beach. Courts prioritize the best interests of the child when making custody determinations, and a history of domestic violence is a critical factor in these decisions.
In Virginia Beach, domestic violence charges cannot be unilaterally dropped by the alleged victim. Once filed, the decision to proceed with the case or drop the charges lies with the Commonwealth of Virginia and, specifically, the prosecutor.
The victim can express the right to withdraw their complaint and not pursue charges. However, the prosecutor must agree with this and use their discretion.
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Virginia Beach, VA 23452
Written By Jack T. Randall
As lifelong resident of Western Tidewater, Jack Randall is a local attorney who wants the best results for his clients. He is an experienced and aggressive attorney with focus on family law, criminal and traffic law, as well as personal injury law cases.
