Alexandria Domestic Violence Lawyer
Domestic assault in Alexandria is most frequently an assault-related offense. Assault and battery is a circumstance where one person touches another person in a rude or insolent manner with the intent to harm or hurt them without that other person’s permission. Generally, an assault can range from the obvious, such as a hit, punch, slap, kick, or shove to the not so obvious, like grabbing something out of someone’s hand. What makes it a domestic assault is the relationship of the alleged victim and the alleged assailant.
The alleged assailant must have something in common with the victim to be charged with domestic assault, for example, if the parties are married or were married, if the parties have a child in common, if the parties are related by blood, and if the parties cohabited within the last 12 months, including a roommate situation. Domestic assault can fall under a broad umbrella and importantly can have serious penalties if charged.
With this in mind, an experienced domestic violence attorney in Alexandria is essential in building someone’s defense. If you are facing charges of domestic assault, you should get in touch with an Alexandria criminal lawyer as soon as possible to protect your rights.
Categorization
The different categories of domestic assault in Alexandria can include assault between:
- Married people
- People who were previously married and are no longer married
- People who live together or who have lived together at any time within the 12 months prior to the alleged assault
- People who have a child in common, regardless of whether they were ever married
- People who are related either by blood or marriage
If a person is accused of domestic assault, but does not fall into one of the categories that defines the relationship as being domestic or is a family member, under Virginia law, the case will end up before a judge in the Juvenile and Domestic Relations District Court. One party will recognize that the defendant does not fall into one of the so-called domestic categories and the jurisdiction will be changed so that the case will be removed from the Juvenile and Domestic Relations District Court and re-docketed in the General District Court of the same jurisdiction.
Case Expectations
A person needs to understand is that the prosecutor’s office in Alexandria prosecutes these cases vigorously. They take domestic assault cases very seriously, so the help of a domestic violence lawyer in Alexandria is essential. When a person goes to court, if the person has a clean record, they might have the opportunity to get what is called a deferred finding, or a suspended imposition of sentence.
Under Virginia law, if a person is accused of domestic assault and has no other convictions of violence on their record, the person can be eligible to be placed on probation for a period of two years. If at the conclusion of that two-year period there have been no further violations of law and the person completed whatever conditions were set forth by the court, which could include community service, anger management classes, couple’s counseling if the people decide they want to try to stay together, and any other condition that the court wants to place on it the person, the case against the person could be dismissed.
Protective Orders
A protective order is a legal document that is issued by a judge or magistrate to protect the health and safety of a person alleged to be the alleged accuser of a possible assault or threat of assault. The concept is that a person who is afraid that they are about to be a victim of an assault can request a protective order that demands the person that they are afraid of stays away from them, and any violation of that protective order constitutes a separate and distinct crime, requiring the additional help of a domestic violence attorney.
Talk to an Alexandria Domestic Violence Attorney Today
If you are currently facing domestic violence charges, do not hesitate to contact one of our Alexandria domestic violence lawyers right away, so they can begin building the most robust defense possible for you and ensure that your rights are protected.
