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How Domestic Violence Is Handled in Virginia Law

Understanding Domestic Violence in Virginia

Domestic violence, also known as family abuse in Virginia, is a serious issue affecting individuals and families across the Commonwealth. It's crucial to understand what constitutes domestic violence under Virginia law and the legal protections available to victims.

Defining Domestic Violence: Virginia law defines domestic violence as any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of bodily injury, committed by one family or household member against another. This includes:

  • 👊 Physical assault (hitting, kicking, shoving, etc.)
  • 🗣️ Verbal abuse and threats
  • 💔 Emotional abuse (intimidation, isolation, control)
  • ⛔ Sexual abuse
  • 💰 Financial abuse (controlling access to money, preventing employment)
  • 📱 Stalking and harassment

Who is Protected?: "Family or household member" is defined broadly to include:

  • 👨‍👩‍👧 Spouses (current and former)
  • 🤝 Parents
  • 👦 Children
  • 🧑‍🤝‍🧑 Individuals who have a child in common, regardless of whether they have been married or lived together
  • 🏠 Individuals who cohabited within the past 12 months

Immediate Steps to Take if You Are a Victim

🚨 Your safety is the top priority.

If you are in immediate danger, call 911. Here are some other essential steps:

  • 📞 Call 911: If you are in immediate danger.
  • 🏃 Seek Medical Attention: Document your injuries. Get examined by a doctor or go to the emergency room. Medical records are crucial evidence.
  • 📸 Document the Abuse: Take photos of any injuries, keep records of abusive emails or texts, and write down dates and details of incidents.
  • 🏠 Find a Safe Place: Consider going to a friend's or family member's house, or a shelter.
  • 📜 Obtain a Protective Order: This legal order can provide immediate protection.

Protective Orders in Virginia: Your Shield of Protection

A Protective Order is a court order designed to protect victims of domestic violence from further abuse. There are two main types of Protective Orders in Virginia:

  1. Emergency Protective Order (EPO): This is a temporary order issued by a magistrate or judge, often after hours or on weekends, if there is probable cause to believe that family abuse has occurred. An EPO is typically valid for a very short period (usually 72 hours or until the next business day). It can order the abuser to stay away from the victim, their home, workplace, and school. It can also grant temporary custody of children to the victim.
  2. Preliminary Protective Order (PPO): Following the EPO, a hearing is held in the Juvenile and Domestic Relations District Court to determine whether to issue a PPO. The victim must present evidence of the abuse. If granted, a PPO can last for up to two years.
  3. Permanent Protective Order: After a PPO has been in place, the victim can petition the court to extend it. If the court finds that the abuser poses a continued threat, it can issue a permanent protective order, which has no expiration date.

What a Protective Order Can Do:

  • 🚫 Prohibit contact: Prevents the abuser from contacting you by phone, email, or in person.
  • 📍 Restrict access: Prevents the abuser from coming to your home, workplace, school, or other specified locations.
  • 🏡 Grant possession of the home: Even if the abuser owns the home, the court can grant you temporary possession.
  • 👪 Grant temporary custody: Awards you temporary custody of your children.
  • ⚔️ Prohibit firearm possession: Prevents the abuser from possessing firearms.

Enforcement of Protective Orders: Violating a Protective Order is a criminal offense in Virginia. If the abuser violates the order, immediately call the police. The abuser can be arrested and charged with a crime.

Criminal Charges Related to Domestic Violence in Virginia

Domestic violence incidents can lead to various criminal charges in Virginia. Here are some common examples:

  • 😠 Assault and Battery: Unlawfully touching another person in a rude, insolent, or angry manner (battery), or putting someone in fear of such contact (assault). If committed against a family or household member, the penalties can be enhanced.
  • 🤕 Malicious Wounding: Intentionally wounding another person with the intent to maim, disfigure, disable, or kill.
  • 😡 Unlawful Wounding: Similar to malicious wounding, but without the intent to maim, disfigure, disable, or kill.
  • 😨 Stalking: Repeatedly harassing or threatening another person, causing them to fear for their safety.
  • 📵 Violation of a Protective Order: Disobeying the terms of a Protective Order. This is a Class 1 misdemeanor for the first offense, and a Class 6 felony for subsequent offenses.
  • 👿 Strangulation: Knowingly impeding the breathing or circulation of blood of another person by applying pressure to the neck or throat. This is a serious felony offense.

Civil Remedies and Compensation for Victims

In addition to criminal charges, victims of domestic violence may also have civil remedies available to them. This means they can file a lawsuit against the abuser to seek compensation for their damages.

Potential Types of Compensation:

  • 🏥 Medical Expenses: Compensation for past and future medical bills related to injuries sustained in the abuse.
  • 🤕 Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish caused by the abuse.
  • 💸 Lost Wages: Compensation for lost income due to injuries or the need to take time off work for medical appointments, therapy, or legal proceedings.
  • property Damage: Compensation for damage to personal property caused by the abuser.
  • 👩‍⚖️ Punitive Damages: In some cases, the court may award punitive damages to punish the abuser for their egregious conduct.

Civil Lawsuits:

A victim can file a civil lawsuit against their abuser for damages resulting from the abuse. This is a separate legal action from any criminal charges. A successful civil lawsuit can provide the victim with financial compensation to help them rebuild their life.

Child Custody and Visitation in Domestic Violence Cases

Domestic violence significantly impacts child custody and visitation decisions in Virginia. The best interests of the child are always the paramount consideration for the court.

Impact on Custody: If there is a history of domestic violence, the court will carefully consider this factor when determining custody arrangements. The court may award sole custody to the non-abusive parent if it believes that it is in the child's best interest. The court may also restrict the abusive parent's visitation rights.

Supervised Visitation: In cases where the abusive parent is allowed visitation, the court may order supervised visitation. This means that the visits must take place in the presence of a third-party supervisor who can ensure the child's safety.

Restrictions on Contact: The court can also prohibit the abusive parent from contacting the child by phone, email, or other means.

Relocation: A parent who is a victim of domestic violence may seek permission from the court to relocate with the child to a safer location.

Strategies for Building a Strong Case

Whether you are seeking a Protective Order, pursuing criminal charges, or filing a civil lawsuit, it's essential to build a strong case. Here are some strategies:

  • Gather Evidence: Collect all available evidence of the abuse, including photos, videos, text messages, emails, medical records, police reports, and witness statements.
  • Keep a Journal: Maintain a detailed journal documenting each incident of abuse, including the date, time, location, and a description of what happened.
  • Identify Witnesses: Identify any witnesses who saw or heard the abuse. Obtain their contact information and ask them if they are willing to provide a statement.
  • Seek Professional Help: Therapy and counseling can provide valuable support and documentation of the emotional and psychological impact of the abuse.
  • Consult with an Attorney: An experienced family law attorney can provide you with legal advice, represent you in court, and help you navigate the legal process.

Finding Support and Resources in Virginia

You are not alone. Numerous organizations in Virginia provide support and resources to victims of domestic violence. Here are some key resources:

  • Virginia Sexual and Domestic Violence Action Alliance: A statewide coalition of organizations working to end sexual and domestic violence. They can provide referrals to local resources. https://vsdvalliance.org/
  • National Domestic Violence Hotline: 1-800-799-SAFE (7233). Provides 24/7 crisis intervention, information, and referrals to local resources.
  • Local Domestic Violence Shelters: Offer safe housing, counseling, and advocacy services to victims of domestic violence and their children. Contact the Virginia Sexual and Domestic Violence Action Alliance or the National Domestic Violence Hotline to find a shelter near you.
  • Legal Aid Societies: Provide free or low-cost legal services to low-income individuals. They can help you obtain a Protective Order, pursue criminal charges, or file a civil lawsuit.
  • Victim Witness Programs: Offered through local Commonwealth Attorney's offices. These programs offer support and guidance to victims of crime as they navigate the criminal justice system.

Working with a Family Attorney

Navigating the legal complexities of domestic violence cases can be overwhelming. A knowledgeable and compassionate family attorney can provide invaluable assistance by:

  • Providing Legal Advice: Explaining your rights and options under Virginia law.
  • Representing You in Court: Advocating for your best interests in court proceedings, such as Protective Order hearings, custody hearings, and civil trials.
  • Negotiating Settlements: Negotiating with the abuser's attorney to reach a fair settlement agreement.
  • Protecting Your Safety: Taking steps to ensure your safety and the safety of your children.
  • Connecting You with Resources: Connecting you with support groups, counseling services, and other resources.

When choosing a family attorney, look for someone who has experience handling domestic violence cases and who is committed to protecting your rights.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.

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