Newport News Domestic Violence Attorney

Virginia Domestic Violence Laws & Penalties

Domestic violence, also known as family abuse in Virginia, involves force, violence, or threats of violence against a family or household member, which leads to bodily injury or makes someone believe they are in imminent danger of bodily injury.

Common examples of family members include:

• A current or former spouse
• Romantic partner
• Relatives through blood or marriage
• Co-habitants like roommates

Inflicting physical injury against a family or household member is assault and battery, which is a Class 1 misdemeanor which includes the follow penalties:

• Up to one year in jail
• Fine not exceeding $2,500

However, if you were convicted of two or more prior assault and battery offenses against loved ones, then it is a Class 6 Felony, punishable by:

• Imprisonment up to five years
• Fine not exceeding $2,500

Stalking is related crime, which is defined as intentionally engaging in conduct that places someone or a person’s family members in fear of their safety. Stalking is also a Class 1 misdemeanor; however, three or more convictions within five years will result in a Class 6 Felony charge.

Schedule your free consultation today by calling (757) 663-4477 or contacting Ehrenworth Law, PLLC online to get started. Also serving the Hampton Roads Area.

Protective Orders in Virginia

As we mentioned before, a domestic violence arrest can lead to a protective order against you. There are three main types of protective orders:

• Emergency Protective Orders (EPO)
• Preliminary Protective Orders (PPO and Also Known as an “Ex Parte” Orders)
• A Two-Year Protective Order (PO)

An EPO is requested each time a domestic violence offense occurs and valid for at least 72 hours or until the court opens. If an alleged victim has been in danger or believes they are in such imminent danger, a judge may grant a PPO – which is valid for at least 15 days or when the next hearing is held. Lastly, both parties will have an opportunity to argue their case in a full hearing, where a judge may grant a PO that last up to two years.

• Violating a domestic violence-related protective order is a Class 1 misdemeanor for a first offense.
• A second violation is punishable by a minimum 60-day jail sentence.
• A third or subsequent violation is a Class 6 felony.