• The Smith Firm PLLC

Virginia Domestic Assault Explained

A Virginia Domestic  Violence charge is called Assault and Battery on a Family or Household Member.

When charged with Assault and Battery on a Family or Household Member it is punishable up to one year in jail. In the state of Virginia, a straightforward charge of assault and battery will turn into a whole other  case if the alleged victim is a family member of the accused. Unfortunately one of the most common schemes is when there is a case of domestic violence between spouses or partners, and either spouse is accused of assaulting or battering the other. It is a trying situation of assault and battery on a family member in Virginia.

This type of case is not the same as a common assault and battery in Virginia, mostly because the type of victim and because it is tried in a different court. A normal adult misdemeanor in Virginia would be heard in the General District Court. How an Assault and Battery on a Family or Household Member is different is that these cases are heard in the Juvenile and Domestic Relations Court. For an Assault and Battery on a family member there is a considerable alternative for direction that might be available depending on the case. If you are accused of assaulting and battering a family member, you need to contact Erin Smith at the Smith Firm PLLC today for a free initial consultation session to see if this options available for you. Assuming that this is your first offense and you have a good record otherwise you may be eligible for a first offender disposition of your assault and battery charge if the victim is a family member. Generally a first offender for assault and battery on a family member affects many different things: 1. The case is typically continued for two years and you are given a date two years from the current court date. 2. The judge will encourage "good behaviour" during these two years, which means you can not have any new offenses of any kind during the two year period. 3. Most times anger management is ordered for first time offenders. 4. Court costs, which are usually around $80, need to be paid. 5. By following the above, you are increasing your chances that the case could be dismissed at the two year mark. This is a great option for first time offenders because it addresses the case and situation, at the same time it allows the court to keep some control over the defendant. Keeping in mind that any future problem would then nullify the deal and it would be removed from the table.On the other side if the assault and battery was a one time thing where it was more of a minor case rather than serious domestic violence, the person takes good initiative, takes care of the matter, goes to anger management and has no problem, then it’s a great way to try to keep your record clean. Keep in mind that that every case is different and this may not be available for every assault and battery case even if the victim is a family member. Contact us today to get more information regarding an Assault and Battery on a Family or Household Member.

18 views0 comments

Recent Posts

See All