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Virginia Domestic Violence Lawyer

Domestic Violence Allegations Carry Weight —We Help You Navigate the Legal Burden Carefully.

Get dedicated defense from a Virginia domestic violence lawyer. Fight charges, protect your rights, and secure your future with our legal help.
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Hiring a Virginia Domestic Violence Attorney

You love your family, but if you have been accused of threatening, attacking, or otherwise harming a family or household member, you should immediately consult a Virginia domestic violence lawyer. Sometimes, a disagreement can escalate into a physical altercation that results in severe emotional or physical injury.

Being accused of spousal abuse or violence against a family member can be devastating. You might face penalties that include jail time and fines, but you may be subjected to a restraining order that makes it difficult, if not impossible, to return to your home or see your children.

If police officers responding to a domestic disturbance call arrest someone, that person may receive a domestic violence charge from the courts. It is wise to immediately contact domestic violence attorneys like Gretchen T. Pousson and Matthew Kensky of Scrofano Law PC for a consultation to reduce that likelihood. They have sufficient experience to review your legal issue, offer advice, and suggest a criminal defense strategy for the best possible outcome.

When to Hire a Domestic Violence Attorney in Virginia

Retaining the counsel of a Domestic violence attorney in Virginia is a vital first step if you face Virginia criminal charges. Suppose you discover an arrest warrant due to probable cause of violating a protective order or other criminal offenses. In that case, you should seek advice from domestic violence lawyers to discuss your legal options.

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If you are charged with domestic violence in VA, the repercussions can be extreme with far-reaching consequences. According to Virginia law, a domestic assault conviction can have consequences that affect your personal and professional life, as well as your reputation.

With such potentially dire consequences, you should expeditiously contact a criminal lawyer if you find yourself the target of domestic assault accusations. They may mitigate the allegations and negotiate an outcome in the best interests of all involved rather than allowing the case to go to court. Contacting a criminal defense attorney with experience working on domestic violence cases could enable you to avoid a life-altering conviction.

Domestic Violence Lawyer in Virginia

 The best domestic violence lawyer in Virginia understands the Code of Virginia § 18.2-57.2 and can explain how this law applies to your case. According to § 18.2-57.2, domestic assault occurs when a current or former spouse, family member, or household member touches someone to cause harm or to cause fear of harm.

This means that a person can be charged with domestic assault even if they don’t physically harm another. Contact a knowledgeable Virginia domestic violence attorney for more information.

Why You Should Look for Leading Virginia Criminal Defense Lawyers

A leading domestic violence lawyer in Virginia with a thorough understanding of the Code of Virginia § 16.1-228 will explain the finer details of domestic violence laws as they pertain to family abuse. In addition to immediate family and step-family members, the law defines a family and household member as including:

  • Children
  • Grandparents
  • In-laws residing in the same household
  • Individuals who share a child
  • Parents
  • Siblings
  • Spouses and former spouses

Family or household members also include individuals and their children who have resided in the household in the previous 12 months. A Virginia domestic violence attorney can further advise you in a domestic violence case if a household member accuses you of wrongdoing.

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Our Practice Area Locations

Arlington

Ashburn

Alexandria

Annandale

Fairfax

Gainesville

Herndon

Prince William County

Leesburg

Loudoun County

McLean

Reston

Springfield

Sterling

Tysons

Vienna

Woodbridge

Virginia’s Domestic Violence Arrest Procedures

When law enforcement officers respond to a domestic violence call in Virginia, they are required by law to make an arrest if there is probable cause that an act of family abuse has occurred. This mandatory arrest policy means that even if the alleged victim does not want the person arrested, the officer must take action if there is evidence of abuse, such as visible injuries or witness testimony. In cases where both parties claim to have been assaulted, officers must determine the primary aggressor, considering factors like the severity of injuries and prior domestic violence incidents.

Upon arrest, the accused will be taken into custody and a magistrate judge will review the case to determine bail conditions. It’s common for protective orders to be issued as part of this process, which can prevent the accused from returning home or contacting the victim. Failure to follow these orders can lead to additional criminal charges. Understanding these procedures is vital for anyone facing domestic violence allegations, as they significantly impact the course of the legal defense.

Possible Penalties for Domestic Violence Offenses in Virginia

Without proper representation, you may receive up to one year in jail and a $2500 fine for a Class 1 misdemeanor of domestic assault. If you receive more than two convictions for any domestic violence within 20 years, you can be charged with a Class 6 felony, the penalties for which include a potential sentence of up to five years.

Additional consequences may include, but are not limited to, the following:

  • Clinical assessment

  • Firearm restrictions

  • Probation domestic violence education course

  • Restraining order prohibiting contact

Plus, it can make it difficult or even impossible to get specific jobs, and if you are in the process of immigrating to the U.S., it could endanger your status. Therefore, if charged, you should seek help from skilled criminal defense attorneys.

Common Defenses to Domestic Violence Charges in Virginia

When facing domestic violence charges in Virginia, understanding your legal options is crucial. A strong defense strategy tailored to your specific circumstances can significantly impact the outcome of your case. Experienced Virginia domestic violence attorneys know how to evaluate the evidence, identify procedural errors, and build a compelling defense that protects your rights and future.

Below are several common defenses that may be applicable to your domestic violence case in Virginia.

Self-Defense

In Virginia, self-defense can be a legitimate defense against domestic violence charges. If you used reasonable force to protect yourself from an imminent threat of harm, your attorney may argue that your actions were justified. Virginia law recognizes that individuals have the right to defend themselves when faced with a genuine threat of bodily harm.

False Accusations

Unfortunately, domestic disputes sometimes lead to false accusations. During divorce proceedings or custody battles, one party might fabricate domestic violence claims to gain advantage. A skilled defense attorney can help gather evidence to demonstrate inconsistencies in the accuser’s statements or highlight motivations for false allegations.

Lack of Evidence

Domestic violence cases often come down to one person’s word against another’s. Without substantial evidence such as visible injuries, witness testimony, or documented history of abuse, prosecutors may struggle to prove guilt beyond a reasonable doubt. Your attorney will thoroughly examine the evidence against you and identify weaknesses in the prosecution’s case.

Accident or Misunderstanding

Sometimes what appears to be an act of violence was actually an accident or misunderstanding. Context matters in domestic violence cases, and your attorney can help explain the circumstances surrounding the incident to demonstrate lack of intent to harm or threaten.

Violation of Constitutional Rights

If law enforcement officers violated your constitutional rights during the investigation or arrest process, certain evidence might be inadmissible in court. This could include improper searches, failure to read Miranda rights, or coerced confessions.

Best Domestic Violence Law Firms in Virginia

 You love your family, and whether a disagreement spun out of control, your significant other was being vindictive, or a nosy neighbor misconstrued a situation, you need one of the best domestic violence law firms in Virginia to navigate these storms.

In Virginia and nationwide, law enforcement authorities and legislators have worked to crack down on domestic and family violence. Therefore, even a seemingly innocent dispute can devolve into issuing emergency protective orders and criminal charges.

A law enforcement officer will most likely request an emergency protective order if they find that the danger of further acts of abuse or violence is probable. A police officer has the responsibility to keep the public safe. If the responding officer feels that future domestic violence may occur, they are more likely to pursue the issue.

However, an emergency protective order can also be petitioned by the alleged victim of domestic abuse through their local office of the Juvenile and Domestic Relations District Court. This protective order lasts for 72 hours or until the next court session, when the judge can issue a Preliminary protective order. It’s important to know that the petitioner doesn’t have to get an emergency protective order first to get a Preliminary protective order, nor does the alleged abuser (respondent) have to be present at the hearing.

However, the petitioner and the respondent must be present at the final Protective Order hearing, where they can tell their side of the story.

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Hiring the right defense attorneys may be the only way to avoid being convicted or mitigate the effects of the accuser filing a civil protection order.

Hiring a Virginia Domestic Violence Lawyer for Your Case

The last thing you want to do is attempt to navigate an accusation of malicious wounding or the violation of a civil protective order alone; hiring a domestic violence lawyer in Virginia can significantly improve your chances of reaching a favorable outcome.

An experienced criminal defense attorney with family law knowledge might successfully reduce a domestic battery charge or get it entirely withdrawn. This result might be likely if the act occurred while the accused attempted to defend a child, other victims, or him or herself.

As defense attorneys, Gretchen T. Pousson and Matthew Kensky of Scrofano Law PC work to understand their client’s positions and view the situation from their perspectives. When you require the services of a Virginia criminal lawyer, realize that they will strive to reach the optimal outcome. Regardless of the circumstances and details surrounding your case, a professional Virginia domestic violence attorney will work to secure your rights and your future.

If you face domestic assault accusations in Northern Virginia, don’t hesitate to contact Gretchen T. Pousson and Matthew Kensky of Scrofano Law PC for a free case consultation for your domestic violence case.

1. What constitutes “domestic violence” under Virginia law?
In Virginia, domestic violence (sometimes called “family abuse”) includes any act involving violence, force or threat—such as assault, battery, stalking or intimidation—when committed by one family or household member against another, and which causes physical injury or places the victim in reasonable fear of serious bodily harm or death.
2. What are the legal options for a person facing domestic violence charges in Virginia?
If you are accused of domestic violence in Virginia, you may encounter criminal charges (such as assault and battery against a family member), protective orders, arrests, and possible detention. You have the right to legal counsel, to review evidence, to challenge the prosecution’s case, and to raise defenses such as mistaken identity or lack of intent.
3. What protections are available for victims of domestic violence in Virginia?
Victims can seek emergency, preliminary or permanent protective orders that restrict the alleged abuser’s contact with or proximity to the victim. These orders may also address custody, use of firearms, residence exclusion, and other safety-related measures. Law-enforcement may assist and victims’ rights programs are available to support safety planning.
4. What are the possible consequences of a domestic violence conviction in Virginia?
A conviction can lead to criminal penalties including fines, jail or prison time, probation, mandatory counseling or intervention programs, loss of firearm rights, and potential impact on child custody, employment or immigration status. The particular outcome depends on the facts, prior record, and severity of the offense.
5. Why is it important to consult a lawyer when dealing with domestic violence matters in Virginia?
Domestic violence cases are complex and carry serious and long-term consequences. A skilled lawyer can protect your rights, evaluate the evidence, advise whether the case is better approached as criminal defense or as part of a family-law matter (or both), and help navigate hearings, negotiations and potential protective-order issues.

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Contact Our VA Criminal Defense Lawyers

Being accused of a crime can be terrifying. An imperfect justice system has placed a target on your back, and you’re left to jump through hoops while somebody else chooses your fate.

With Gretchen Taylor Pousson and Matthew Kensky of Scrofano Law PC on your side, you can rest assured that your future lies in good hands. Our Virginia criminal lawyer understands how to even the chances when it feels like it’s you against the world. Call 703-546-9898 today to schedule a confidential case assessment and discover how we can make justice work for you rather than against you.

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