Fairfax Domestic Violence Lawyer
defending clients accused of domestic violence
The authorities in Virginia take domestic violence allegations seriously for one overriding reason – because when domestic violence claims are not taken seriously, tragedy is sometimes the result. Domestic violence is a genuine concern for thousands of families in Virginia.
But what if you are wrongly accused of committing a crime of domestic violence? Northern Virginia’s judges, criminal defense lawyers, and family law attorneys have seen plenty of false domestic violence allegations. It happens more often than you may think. In these situations, having an experienced Fairfax domestic violence lawyer on your side is essential to protect your rights and reputation.
If it happens to you, will you be able to contest a domestic violence allegation and clear your name? What is considered domestic violence in Virginia, and exactly what is your recourse if you are accused of a crime of domestic violence? A skilled domestic violence lawyer in Fairfax can help you understand the charges and build a defense tailored to your unique situation.
what constitutes criminal domestic violence in virginia?
Under Virginia law, a domestic assault occurs when former or current spouses, household members, or family members are involved, and when someone intentionally:
- Touches a former or current spouse, household member, or family member in a rude, angry, or vengeful manner, and without legal justification
- Acts to harm a former or current spouse, household member, or family member, and has the ability to impose that harm
- Acts to cause a former or current spouse, household member, or family member to fear harm and in fact does cause that fear of harm
If you’re facing accusations under any of these definitions, it’s crucial to speak with a knowledgeable domestic violence lawyer who can evaluate your case and protect your rights.
who are the victims of domestic violence?
Even if no physical injury or harm occurs, the mere intent to cause harm constitutes domestic assault. Precisely who is considered a family member or a household member under Virginia’s domestic assault law?
- Spouses and former spouses, without regard to their current living arrangement
- Parents of the same child, without regard to their current or former marital status
- Immediate family and stepfamily members: parents, grandparents, children, and siblings, without regard to their current living arrangement
- In-laws living at the same residence
- Any persons who have resided together for the previous 12 months and any children who have resided with them
Understanding how Virginia defines these relationships is key when building a defense. A seasoned domestic violence lawyer can help clarify your legal position and ensure your side of the story is heard.
what are the penalties for a domestic violence conviction?
For a first domestic violence offense, domestic assault is charged as a Class 1 misdemeanor, punishable upon conviction with up to 12 months in jail and a fine of up to $2,500. A skilled domestic violence lawyer can often help first-time offenders explore alternatives to jail time, such as diversion programs or reduced charges.
However, if a defendant has 3 or more convictions for any type of domestic violence within the last 20 years – including convictions in other states – domestic assault will be charged as a Class 6 felony, punishable upon conviction with up to 5 years in prison. In these cases, working with an experienced domestic violence lawyer is essential to protect your future and fight for the best possible outcome.
Along with fines and incarceration, a domestic assault conviction can also result in:
- Losing your right to own or carry a firearm
- Prohibiting you from having any contact with the victim
- A term of probation that may require domestic violence classes and/or a psychological evaluation to determine if clinical treatment should be recommended
If you carry a professional license in Virginia, a domestic violence conviction may trigger a disciplinary action by your professional licensing board. If you are an immigrant in this state, a domestic violence conviction may trigger a deportation proceeding. Consulting with a knowledgeable domestic violence lawyer is critical to understanding the full impact a conviction could have on your rights, career, and immigration status.
How can you contest a domestic violence charge?
In domestic violence cases where no one suffered a significant injury and there is little or no physical evidence, the domestic violence case is basically one person’s word against another’s. If a prosecutor cannot prove your guilt “beyond a reasonable doubt,” you cannot be convicted.
However, even if the state’s case against you is weak, you will need to be represented by a Fairfax domestic violence defense attorney who can explain to a jury exactly why and how the prosecution has failed to prove your guilt beyond a reasonable doubt.
Obviously, anyone who is charged with a crime of domestic violence must be represented by a Virginia criminal defense attorney who has substantial domestic violence defense experience.
how will a good virginia defense attorney help you?
Every domestic violence case is different, but the right domestic violence defense lawyer can usually discredit a phony domestic violence allegation. If you were acting to defend yourself, your domestic violence attorney will explain what happened. If you were defending your personal property, that might also be a successful defense.
The right defense strategy is imperative, but a successful defense against a domestic violence charge will also require the skills of a criminal defense lawyer who will fight hard on your behalf while protecting your rights and bringing your domestic violence chargers to its best possible conclusion.
Since 2000, Fairfax domestic violence defense attorney Scott C. Nolan, PLLC has aggressively and successfully represented clients who are accused of domestic violence. In fact, he has defended thousands of clients accused of serious crimes in Northern Virginia.
If you are facing domestic violence charges, contact a Fairfax domestic violence attorney. To learn more, or to schedule a consultation, call attorney Scott C. Nolan, PLLC or complete the contact form on this website. Having a good domestic violence attorney’s help is your right.
Domestic Violence Defense FAQs
Domestic violence in Virginia includes physical injury, threats of harm, intimidation, or other abusive behavior directed at a family or household member, including spouses, cohabitants, or individuals in intimate relationships.
Penalties can range from fines, probation, mandatory counseling, and protective orders for first-time offenses, up to jail time and longer probation for repeated or felony offenses.
First offenses may result in misdemeanor charges, and courts often consider mitigating factors. Sentencing can include probation, counseling, fines, and possible short-term jail time.
Yes. Victims can request protective orders that may restrict contact, limit proximity to the victim’s residence or workplace, and impose temporary custody or visitation arrangements.
An experienced attorney can challenge evidence, negotiate with prosecutors, and advocate for reduced charges or dismissal based on inconsistencies, lack of proof, or violations of your rights.
Defense evidence may include witness statements, medical records, communications, video footage, and documentation that contradicts the alleged incident.
Law enforcement may arrest the individual on probable cause, collect personal information, and file charges with the local court. Bail may be set based on the severity of the allegations.
Misdemeanor domestic violence involves minor injuries or threats and carries lighter penalties, while felony domestic violence involves serious injury, repeated offenses, or the use of a weapon, with significantly harsher sentencing.
Defenses include self-defense, false accusations, mistaken identity, lack of evidence, or proving the incident did not occur as described.
Probation may involve regular check-ins with a probation officer, counseling, community service, and compliance with no-contact or protective orders. Violating probation terms can lead to jail time.
Yes. Domestic violence charges carry severe consequences, and an experienced lawyer can protect your rights, build a defense strategy, and potentially reduce or dismiss charges.
Yes. Convictions can influence custody decisions, visitation rights, and may result in supervised visitation or restricted access to protect the child’s welfare.
Misdemeanor convictions remain on your record indefinitely, while some felony convictions may be eligible for expungement after a period, subject to Virginia law.
Avoid contacting the accuser, document any relevant interactions, and contact an experienced Fairfax domestic violence lawyer immediately for guidance.
Yes. Depending on the circumstances, evidence, and negotiations with the prosecutor, charges may be reduced to lesser offenses or dismissed, especially for first-time offenders.
