Virginia Has Serious Consequences For A Domestic Violence Conviction
According to Virginia's Attorney General, there are about 20
,000 incidents of assault and battery against a family or household member every year in Virginia. Assault and battery against a family or household member consists of physical, emotional, psychological or sexual acts. In some cases, a spouse may falsely accuse the other spouse of domestic abuse during divorce proceedings as a way to win leverage or acquire child custody. If you're convicted of or perhaps just face allegations of domestic violence, your child custody and visitation rights can be threatened. Furthermore, a domestic violence conviction can result in jail time and also have a damaging impact on your career, military progression and freedom.
Virginia Criminal Law
Under Virginia law, an individual who commits assault and battery against a family or household member can be convicted of a Class 1 misdemeanor. The punishment may include up to 12 months in jail and/or up to $2,500 fine. For a first offense, a defendant may be eligible for probation combined with an education and treatment plan. For a third offense, a person may be convicted of a Class 6 felony. Punishment may include up to 12 months in jail, up to $2,500 fine or one to five years in prison under the jurisdiction of the Virginia Department of Corrections.
The definition of family or household member is broader than you might believe and includes: a spouse or former spouse, mother and father, stepparents, kids, stepchildren, brothers and sisters, half-siblings, grandparents and grandchildren. These individuals are regarded as family members under the law regardless if they live with the accused or not. In-laws (mother, father, son, daughter, brother or sister) are included, but only if they are residing with the accused. Also, the definition can include people who cohabitate, or have lived together in the past year, and their children, which may include a platonic roommate. It also includes people who have a kid in common, even if they have never cohabitated.
Protective Orders
Victims of family assault may ask for a protective order against the alleged abuser. This is a civil procedure and not a criminal case. There are three types of protective orders: emergency, preliminary and permanent. An emergency protective order provides instant protection and if issued by a magistrate is only in effect for at least 72 hours, to allow time for the victim to file a petition for a preliminary protective order with the juvenile and domestic relations district court. A judge will grant a preliminary protective order to guard the health and security of the victim and if granted is in effect for 15 days. During that time a full hearing needs to be held where both the victim and the abuser are present. The victim must show evidence of family violence. The judge may issue a permanent order for up to two years.
Protective orders may include one or more of the subsequent conditions: 1) Prohibit acts of family assault, 2) Prohibit contact between abuser and family members, 3) Grant the victim exclusive possession of the house (regardless of how it's titled), 4) Grant the victim temporary possession of a jointly owned vehicle (regardless of how it's titled), 5) Require the abuser to provide suitable alternative housing, 6) Order the abuser to participate in therapy, counseling or other programs, 7) Order any other relief necessary for the protection of the victim or other family members including a provision for temporary custody or visitation of a minor child.
The violation of a provision of a protective order is a Class 1 misdemeanor. The second violation of a protective order (within 5 years) carries a mandatory minimum 60 days of confinement. The third violation (within twenty years), and if one of the violations included an act or threat of abuse, is a Class 6 felony and carries a mandatory minimum six months of confinement. In addition, assault and battery of any person protected by a protective order is a Class 6 felony. If a protective order is violated by furtively entering the home of the guarded party while the protected party is present it is also a Class 6 felony.
Virginia law makes it illegal for somebody who is the subject of a protective order or is convicted of assault and battery to acquire or transport a firearm. There is no exception for those in law enforcement or the armed forces.
Advice
When you have been charged with a domestic abuse crime or are the subject of a protective order, it is very important that you seek out legal advice quickly. This is a difficult area of the law and it is crucial that you consult with an experienced
domestic abuse lawyer in Virginia. These charges can influence your profession, particularly a military career, and can adversely have an effect on the end result of a child custody fight.
by: James Garrett
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