Friday, October 31, 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.

Arthur v. Commonwealth

Facts:

In a domestic violence case, the Circuit Court of Fairfax (Virginia) convicted defendant of domestic assault and battery, in violation of Va. Code Ann. § 18.2-57.2. Defendant appealed.

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(D) incorporates the definition of "family or household member" set forth in Va. Code Ann. § 16.1-228. Pursuant to that definition, any individual who cohabits or who, within the previous twelve months, cohabited with the person is a family or household member. Va. Code Ann. § 16.1-228.
  • Under Va. Code Ann. § 18.2-57.2, the essential elements of cohabitation are: (1) sharing of familial or financial responsibilities and (2) consortium. Possible factors establishing shared familial or financial responsibilities might include provisions for shelter, food, clothing, utilities, and/or commingled assets and that factors that might establish consortium include mutual respect, fidelity, affection, society, cooperation, solace, comfort, aid of each other, friendship, and conjugal relations. Other factors appropriate for consideration, include the length and continuity of the relationship, as well its permanency. However, domestic violence arises out of the nature of the relationship itself, rather than the exact living circumstances of the victim and perpetrator. The factors to be applied are unique to each case and how much weight, if any, to give to each of these factors must be decided on a case-by-case basis by the trier of fact. In other words, these factors are neither binding or exclusive. They merely provide guidance in assessing the relationship between the abuser and the victim; other factors may be considered in making that assessment. The trier of fact must therefore employ a totality-of-the-circumstances analysis to determine whether the victim of the assault and battery and a defendant cohabited, as that term is used in § 18.2-57.2.

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.

Email Us:

First Name:
Last Name:
Email @:
Phone #: --
Message:

Our Phone #

Virginia

Fairfax 703-278-0405

Fairfax Virginia Lawyer

Atchuthan Sriskandarajah on Channel 7 News

Social Icons

Powered by Blogger.

Popular Posts

Followers