Domestic Assault & Battery
Domestic Assault & Battery Against a Family or Household Member (VA Code §18.2-57.2)
Facing allegations of domestic assault & battery carry far-reaching consequences for both your personal and professional life, even without a finding of guilt. At Kublan Khan, we understand the gravity of these charges and are dedicated to providing experienced legal support and advocacy for individuals experiencing in these circumstances.
Virginia differentiates between regular violence and domestic violence by asking if the relationship then-existing between the predominant aggressor (Defendant) and the complaining witness (Victim) is one of spouses or romantic partners, children and parents, siblings, in-laws, and other such qualifying “family or household member” relationships defined under § 16.1-228 of the Virginia code.
Domestic Assault & Battery is punishable as a Class-1 misdemeanor, meaning it may result in incarceration of up to 12 months in jail and/or a fine of up-to $2,500. Factors such as your criminal record and severity of the alleged abuse facts will play a role in a Judge’s determination for punishment, making the involvement and intervention of an attorney paramount to seek the best possible outcome for your case.
Additionally, any person having previously been convicted of two or more similar domestic violence offenses, within the past 20 years of the current charge, can be charged as a Class-6 felony! This is Virginia’s domestic violence version of a “three strikes” rule, elevating the potential punishment to imprisonment between one to five years as well as monetary fines.
Lastly, and most importantly, even if your domestic violence charge is eventually nolle prosequi (or dismissed by the prosecution), the fact that you were charged at all may have immediate custody, visitation, divorce, and immigration consequences, not to mention the severe consequences of a two-year Protective (or restraining) Order which may severely restrict your ability to have contact with certain individuals and/or access to certain family property such as vehicles or homes.
Domestic Assault & Battery cases involve and require a unique understanding of criminal, family, and potentially immigration law. If you or a loved one are facing domestic violence allegations, or you are the victim of domestic assault and battery, it is essential to seek legal representation immediately. Contact Kublan Khan today to schedule a consultation. Our experienced legal team will stand by your side, prioritizing your well-being and safety and while upholding you rights throughout the legal process.