Wednesday, October 29, 2014

Domestic Violence In Virginia Fairfax Lawyer Violation Code 18.2-57.2

Domestic Violence In Virginia

In Virginia, domestic violence is a criminal offense under Va. Code § 18.2-57.2 and is punishable as a Class 1 misdemeanor

Below is a sample case of domestic violence, in violation of Va. Code § 18.2-57.2 in Virginia as interpreted
by a lawyer in our firm.

Va. Code Ann. § 18.2-57.2 dealing with penalty for Assault and battery against a family or household members states as follows “Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.”

Have you been charged with domestic violence in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with domestic violence in Virginia?

For a lot of our clients, domestic violence can result in the loss of their job, their security clearance etc.

Don’t risk going to court without a lawyer, if you have been charged with domestic violence in Virginia. 
Contact our law firm for help and speak with a lawyer today.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg and Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Neil v. Commonwealth

Facts:

In a domestic violence case, Defendant was convicted in the Circuit Court of Fairfax, Virginia, of two counts of third-offense domestic assault and battery in violation of Va. Code Ann. § 18.2-57.2(B), based on his battering a "family or household member" as defined in Va. Code § 16.1-228. He appealed, challenging a ruling excluding evidence, the sufficiency of the evidence, and the trial court's subject matter jurisdiction.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • Va. Code Ann. § 18.2-57.2 provides that any person who commits an assault and battery against a family or household member is guilty of a criminal offense as prescribed therein. It incorporates by reference the definition of "family or household member" contained in Va. Code Ann. § 16.1-228, which provides that "family or household member" means (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time; or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person
  • A circuit court does not err in exercising subject matter jurisdiction to determine parentage for purposes of adjudicating a defendant's guilt on charges of felony domestic assault, whether or not other proceedings involving a determination of parentage are then pending in the juvenile and domestic relations district court.

If you have been charged with a first time offense of domestic violence in Virginia, contact our law firm for help and speak with a lawyer today.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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