Virginia Code makes it a crime to cause injury, harm, or threat to a household member. Individuals covered under this law include a former or current spouse, domestic partners, children, or other family members. Different offenses constitute domestic violence under Virginia law. They include stalking, assault and battery, forceful detention, and child abuse.

A conviction for domestic violence attracts severe legal and collateral consequences. Depending on whether you face a felony or misdemeanor charge, you risk spending a lengthy time behind bars. Additionally, you will have a permanent criminal record. Having a conviction for this offense on your record can impact your professional and personal life.

Therefore, if you or a loved one is arrested and charged under this statute in Fairfax, VA, you must aggressively fight the charges to avoid a conviction. Virginia domestic violence laws are complex. Therefore, you need our expert legal guidance at Virginia Criminal Attorney to navigate your case.

An Overview of Domestic Violence Laws in Virginia

Domestic violence is a serious issue in Virginia. For this reason, the state has strict laws to protect victims of these types of offenses and to punish the perpetrators severely. You commit a crime of domestic violence when you threaten or injure a household member. Violation of protective orders is also a domestic violence crime under Virginia Code 16.1-228.

Family and household members protected under this statute include:

  • Former and current spouses
  • Parents, children, grandchildren, grandparents, and siblings
  • in-laws with whom you live in the same house
  • Domestic partners
  • Individuals with whom you have children
  • Cohabitants.

Common domestic violence offenses under Virginia law include:

Sexual Battery (Virginia Code 18.2-67.4)

Sexual battery is any form of sexual contact or behavior done against another person's will. You could face an arrest and criminal charges under Virginia Code 18.2-67.4 if you use threats, tricks, or intimidation to force another person into a sexual act. Sexual battery committed against a household member constitutes domestic violence in Virginia.

Before you face a conviction under this statute, the prosecution must prove the following elements:

  • You touched another person's intimate parts. The first element that the prosecution must prove in your case is that you touched another person's intimate parts. A victim does not have to suffer an injury to face a conviction for sexual battery.
  • You touched the person against their will. Touching intimate parts is a crime when one of the parties does not consent to the act. Therefore, the prosecution must prove that the alleged victim did not consent to the touching.
  • You acted with a sexual intent. The prosecutor must establish that your actions were motivated by sexual intent.

You used force, threats, or intimidation to accomplish the act. The prosecution must present evidence to show that you threatened and intimidated the victim.

For a first-time offender, a conviction for simple sexual battery is punishable by up to twelve months in jail and a $2500 fine. If you are a repeat offender, the prosecution will file felony charges against you. A felony conviction under Virginia Code 18.2-67.4 is punishable by a maximum prison sentence of ten years.

Violation of a Protective Order (Virginia Code 18.2-60.4)

Under Virginia law, a protective order is a court order issued to protect victims of harassment, abuse, and stalking. The court can issue a protective order against you if you threaten the safety of a family member. There are three types of protective orders issued in domestic violence cases. They include:

  • Emergency protective order. Law enforcement officers issue this type of order when they respond to instances of domestic violence. An emergency protective order lasts for up to 72 hours. During this time, the victim of domestic violence can seek a temporary order.
  • Preliminary protective order. After the expiration of an emergency protective order, a victim of domestic violence can petition the court for a preliminary protective order. A judge will issue this order based on the allegations that you committed domestic violence. The preliminary protective order lasts for up to fifteen days.
  • Permanent protective order. A judge can issue a permanent protective order against you when there is sufficient evidence that you committed a crime. The order lasts for up to two years.

If the court issues a protective order against you, the judge will order you to:

  • Avoid all forms of contact with the protected person
  • Move out of shared home or residence
  • Avoid contact with family members of the protected person
  • Refrain from stalking, threatening, or abusing the protected person

You violate a protective order by failing to follow the set conditions. Violation of a protective order is a serious offense charged under Virginia Code 18.2-60.4. The penalties you face after a conviction for violation of a protective order will depend on the circumstances of your case:

  • First offense. A first violation of a domestic violence protective order is a class one misdemeanor punishable by up to 12 months in jail. The court can also impose a $2500 fine.
  • Second offense. You are charged as a second offender if you have a prior conviction for violating a protective order. Your conviction in this case will attract a minimum jail sentence of sixty days and a maximum of twelve months.
  • Third offense. A third violation of a protective order within twenty years is a class 6 felony. A conviction for this offense is punishable by a sentence of up to five years.

If your protection order violation involves the use of a firearm, you could face an additional Class 6 felony with a prison sentence of one year.

Strangulation ( Virginia Code 18.2-51.6)

Under Virginia Code 18.2-51.6, it is unlawful to strangle another person. Strangulation involves applying pressure on another person's neck, which affects their breathing. Instances of strangulation are common in domestic violence incidents. Before you face a conviction for strangulation, the prosecution must prove these elements:

  • You applied pressure to another person's neck
  • The amount of force you applied restricted the victim's breathing
  • Your actions cause severe bodily injury to the alleged victim
  • You acted willfully and knowingly

Strangulation is a class 6 felony that carries a sentence of twelve months in jail or five years in prison. If you file charges for strangulation, you will need a reliable criminal defense attorney. Your lawyer can help you fight to reduce the charge of assault and battery, which is a lesser offense.

Unlawful Detention (Virginia Code 18.2-47)

Virginia Code makes it unlawful to detain another person without their consent. You commit this crime when you restrict a person's movement by locking them up or preventing them from leaving. If you detain a family or household member forcefully, you could face domestic violence charges. In this case, the prosecution must prove that you detained a person.

Additionally, the alleged victim of your actions must fall within the category of a household member. Forceful detention or unlawful imprisonment is a class 1 misdemeanor. A conviction for the offense attracts a jail sentence of up to 12 months and fines not exceeding $2500.

Assault and Battery (Virginia Code 18.2-57.2)

Domestic assault and battery are serious criminal offenses. Battery involves the willful and unlawful touching of someone else angrily or rudely. You can face an arrest and charges even when your contact with the alleged victim did not cause them harm.

Assault is the contact with another person aimed at causing harm to the person. Under Virginia Code 18.2-57.2, you face charges for domestic battery if you engage in these acts against a family or household member. Prosecutors in Virginia can charge domestic battery as a class 6 felony or a class 1 misdemeanor. A misdemeanor conviction for this offense will result in a jail sentence of up to twelve months.

Under this statute, you could face felony charges if you have a prior conviction for a similar offense within the past 20 years. A felony conviction for domestic assault and battery is punishable by up to five years in prison. In addition to incarceration, the court can impose fines of up to $2500.

Stalking (Virginia Code 18.2-60.3)

Virginia law defines stalking as repeated behavior that causes another person to feel uncomfortable or fear for their safety. The pattern of behavior could entail showing up to a person's home or place of work to harass them. Stalking is a form of domestic violence when your actions are directed towards a family member or current and former intimate partner.

When you face charges for stalking under domestic violence, the prosecution must prove these elements:

  • You engaged in acts that made another person uncomfortable or fearful
  • The alleged victim of your actions is a family member

Virginia has strict laws against stalking. Virginia Code 18.2-60.3 aims to punish stalkers harshly and deter similar behavior in the future. A first offense under this statute is a class 1 misdemeanor punishable by a one-year jail sentence and a $2500 fine.

If you are a second or subsequent offender, you will face a class 6 felony charge for stalking. A conviction for the second offense attracts a prison sentence of up to five years and fines not exceeding $10,000. Besides incarceration, a stalking conviction can have devastating impacts on your personal life.

Child Abuse (Virginia Code 18.2-371.1)

Under Virginia law, parents or guardians are responsible for caring for their children and protecting them from harm. Child abuse is a common form of domestic violence. You could face charges under this statute for causing injury or exposing a child to harm. Physical abuse of a child constitutes causing injury or threatening the child. Typical forms of injury that could suffice as child abuse include:

  • Severe burns
  • Broken bones
  • Head Injuries
  • Poisoning
  • Bruising

Neglect, on the other hand, occurs when you fail to provide basic needs for a child under your custody. You can also face charges for neglecting a child if you do not protect them from harm by others.

Child abuse and neglect is a class 4 felony. A conviction for the offense attracts a prison sentence of two to ten years. Additionally, the court can impose a fine of up to $100,000. If the prosecution can prove that the child abuse or neglect resulted from your reckless disregard for the child's life, you could face harsher penalties.

Marital Rape ( Virginia Code 18.2-61)

Virginia law makes it unlawful to engage in sexual intercourse with another person against their will. Additionally, you could face criminal charges under this statute for forcing someone to engage in non-consensual sex with another person. There is no marital exception to rape laws in Virginia.

You could face rape charges for having sexual intercourse with your spouse under the following circumstances:

  • By Force
  • Through threats and intimidation
  • When your spouse is mentally incapacitated
  • When your spouse has a physical disability that prevents them from consenting.

Marital rape is a felony charged under Virginia Code 18.2-61. A conviction for the offense is punished by a minimum sentence of five years in prison. You could face a harsher prison sentence if you cause severe injury to the victim while committing the crime.

Long-Term Consequences of a Domestic Violence Conviction in Virginia

Domestic violence is a serious offense under the Code of Virginia 16.1-228. The consequences of a conviction under this statute go beyond incarceration, fines, and probation. After you have served your sentence, the conviction can continue to impact your legal, personal, and professional lives. The long-term consequences of a domestic violence conviction include:

Permanent Criminal Record

Your conviction for domestic violence will enter into your criminal record. Since convictions are public records in Virginia, your conviction will appear on background checks. Individuals interested in your criminal record can use the conviction to deny you life-changing opportunities.

Difficulty Finding Employment

Most employers will perform background checks before offering you a job. Additionally, you must disclose your criminal convictions if the potential employer asks about them in your interview. If you seek a job position where you can interact with children or vulnerable groups, the employer can use your conviction to discriminate against you.

Inability to Secure a Loan

A conviction for domestic violence can make it more challenging for you to obtain a business or auto loan. Most lenders will view your criminal record as a hindrance to obtaining a good job and paying back the loan. If you secure the loan, the lender could impose high interest rates or strict payment plans. For this reason, your domestic violence criminal conviction can leave you struggling financially.

Increased Sentencing in Future Legal Matters

A domestic violence conviction can impact your future legal matters. If you face a conviction for another crime in the future, the court can refer to the domestic violence conviction. A prior conviction on your record may result in harsher sentencing. In subsequent cases, a judge will view you as a habitual offender, leading to longer prison sentences or more severe penalties.

Loss of Gun Rights

Under Virginia and federal law, individuals convicted of domestic violence cannot possess firearms. The prohibition stems from the Lautenberg Amendment. This is a federal law that bans domestic violence offenders from owning or purchasing firearms. The loss of your gun rights can have significant implications if you work with firearms. Future attempts to purchase or use a firearm can result in severe legal consequences.

Loss of Custody and Visitation Rights

Child custody is a common issue among separated and divorced parents. When awarding child custody in Virginia, the court will consider the child's safety and well-being. Therefore, your domestic violence conviction can play a significant role in your custody case. The court can deem you unfit to care for a child even when your case does not directly involve the child.

In severe cases of domestic violence, the court can deny you child custody or visitation. Such an arrangement will cause a strained relationship between you and your child.

Reputation Damage and Social Stigma

A domestic violence conviction comes with a social stigma that is challenging to overcome. Friends and family may view you differently, leading to strained relationships. After your conviction, you may experience rejection from your social circles.

The social stigma surrounding domestic violence can also extend to professional networks. Individuals in the professional sector can judge your character based on your conviction. The stigma and ruined reputation can impact your ability to rebuild your life.

Parole or Probation Restrictions

Sometimes, the court can sentence you to probation instead of incarceration. A probation sentence allows you to serve part of your prison or jail time on community service. Probation can protect you from the stigma of spending time behind bars.

However, the legal obligations attached to probation and parole can last for years. Probation or parole comes with strict rules and conditions. They include:

  • Regular check-ins with a probation officer
  • Random drug or alcohol testing
  • Compliance with curfews
  • Restraining and no contact orders

These restrictions can limit personal freedom and make moving forward with your life difficult. Additionally, they tie you to the court system, and a violation can result in an extended sentence.

Immigration Consequences

The most severe consequence of a domestic violence conviction for U.S. citizens is incarceration. If you are an immigrant, the conviction can jeopardize your status. Different forms of domestic violence attract varying charges. If you face a felony domestic violence conviction, you risk adverse immigration consequences.

Deportation or inadmissibility are the most common forms of action for domestic violence offenders. These legal consequences can lead to separation from loved ones.

Legal Defenses Against Domestic Violence Charges in Virginia

A conviction for domestic violence can have severe and lasting effects on your freedom and life. If you face charges for this offense, you present the following defenses to your case:

Self-Defense

A common defense to domestic violence charges is self-defense. Under Virginia law, you can protect yourself from dangerous situations even when the aggressor is a family member. But, you must only use the necessary force to protect yourself and not harm another person.

You can avoid a conviction if you prove you acted to protect yourself from imminent harm. However, you can still face a conviction if you used excessive force or the danger you faced was not immediate.

False Allegations

Domestic violence charges based on false allegations are common in Virginia. False accusations can occur for various reasons, including revenge, manipulation, or misunderstandings. Sometimes, parents undergoing custody battles can use these charges to gain an upper hand in the case.

If you are a victim of false allegations, you will need a skilled attorney to help you uncover them. You can avoid a conviction by presenting evidence showing the accuser's inconsistencies or motive to lie.

Insufficient Evidence

Before you face a conviction for a domestic violence offense, the prosecution must prove all elements of the crime beyond a reasonable doubt. Prosecutors rely on physical evidence, circumstantial evidence, and witness testimony to establish your guilt. You can avoid a conviction for domestic violence by arguing that the prosecution lacks enough evidence.

Lack of Intent

Domestic violence charges in Virginia require evidence of your intent to commit an act of violence. If you prove that your actions towards the alleged victim were accidental, you can avoid liability for the crime. The lack of intent defense could apply in your case if you did not know that your actions could cause harm.

Find a Skilled Criminal Lawyer Near Me

You commit a crime of domestic violence when you injure, attempt to harm, or threaten a family member. Different offenses committed against spouses, children, domestic departments, and other relatives constitute domestic violence. These offenses include stalking, kidnapping, strangulation, and domestic battery.

Depending on the type of offense you commit, you could face misdemeanor or felony domestic violence charges. Domestic violence is a serious offense that attracts severe criminal penalties. The consequences of a conviction for domestic violence go beyond incarceration and fines.

The conviction will enter your permanent criminal record and affect other aspects of your life. Fortunately, not all arrests under Virginia Code 16.1-228 result in a conviction. With the guidance of a reliable attorney, you can build a solid defense to fight the charges.

At Virginia Criminal Attorney, we understand the impact that a domestic violence conviction can have on your life. We will offer the top-notch legal guidance and representation you need to secure a favorable outcome in your case. Contact us at 703-718-5533 for much-needed advice.