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Domestic Assault Attorneys Fairfax, Northern VA

The offense of domestic assault, also referred to as intimate partner violence, is a grave criminal offense in Virginia. It entails the use of force or violence against a family member or household member. The provision encompasses the act of making threats or endeavoring to employ physical force or violence against family members.

Per Virginia Code Section 16.1-228, the term "family or household member" encompasses individuals who have a child in common, share a blood relationship, are married, adopted, or have cohabited within the preceding year. It is important to note that the act of domestic violence can be perpetrated by a variety of individuals, including but not limited to a spouse, former spouse, parent, stepparent, child, stepchild, grandparents, or any person who has resided or previously resided in the same household.

As per Virginia law, domestic assault has been categorized as a Class 1 misdemeanor. It is important to note that in the event of a conviction, the individual in question may be subject to a maximum sentence of 12 months of incarceration, a monetary penalty not exceeding $2,500, or both. If the individual has been found guilty of domestic violence within the preceding two decades, the charge will be elevated to a Class 6 felony, which is punishable by a maximum of five years of imprisonment.

Additionally, it is within the judge's authority to issue a protective order aimed at safeguarding the victim against any subsequent instances of abuse. The protective order has the power to enjoin the abuser from initiating any form of communication, whether direct or indirect, with the victim. Additionally, it may provide the victim with custody or support for any minor children.

An individual who is confronted with criminal charges about domestic violence must seek the counsel of a proficient criminal defense attorney. It is within the purview of a competent attorney to provide guidance throughout the legal proceedings, safeguard your constitutional entitlements, and endeavor toward a favorable resolution.

§ 18.2-57.2. Assault and battery against a family or household member