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In Virginia, domestic violence, or domestic assault, is defined as assault and battery against a family or household member. Virginia defines a family or household member as any individual related by blood or marriage; two people who have lived together at any time during the last 12 months; or people that have a child together

Yes. Anyone can go to the Magistrate, swear out a criminal complaint under oath, and obtain a warrant for a charge of domestic assault. If you are arrested for domestic assault, it is important to remember not to try to “explain away” the situation to law enforcement. Instead, tell the police that you want to remain silent and speak to a lawyer.

A criminal charge like domestic assault is a criminal matter, while a protective order is a civil one. Penalties for a criminal conviction include monetary fines and, at worst, time in jail. In contrast, you cannot receive jail time for being the subject of a protective order. Instead, a judge can impose the order of no contact with parties for a maximum of two years if they find it appropriate.

Once law enforcement gets involved, or a warrant is issued by the Magistrate, your case is technically in the hands of the Commonwealth of Virginia. Only the Assistant Commonwealth’s Attorney can decide whether or not to dismiss the charge. However, an accuser can always speak to the Assistant Commonwealth’s Attorney and make their wishes known. That is a decision that the accuser has to come to on their own; as a defendant, you should never tell an accuser to drop charges.

No. If an accuser tries to contact you, tell the individual to speak to your attorney. If there is an active protective order, DO NOT speak to the accuser at all (not even through a third party).

When someone files for a preliminary protective order, that person, called the Petitioner, can include a minor child on the order. In these situations, a judge can enter a protective order for the Petitioner alone if the judge feels that the minor child is not in danger of harm, or both the Petitioner and the minor child if the judge finds it necessary. A Petitioner can also file for a preliminary protective order “by next friend” on behalf of a child. This is usually done in emergency situations where a child needs immediate protection.

A conviction for domestic violence is a misdemeanor and will remain on your record for life. Further, a conviction for a third offense of domestic violence is a felony and carries mandatory minimum time. A conviction for domestic violence also has federal implications. A person convicted is federally prohibited from possessing a firearm with a domestic violence conviction on their record.