Domestic Violence and Family Abuse

Domestic violence, also referred to as family abuse under Virginia law, can involve violence, force, threats, stalking, sexual assault, or other conduct that places a family or household member in reasonable fear of death, sexual assault, or bodily injury. These cases can have serious consequences for everyone involved, particularly when children are affected.

Virginia law provides both criminal and civil remedies for family abuse. A person experiencing abuse may be able to seek a protective order while criminal charges may also be pursued when the conduct constitutes a criminal offense. A person accused of domestic violence may also need legal representation to protect their rights and respond to criminal charges or a protective-order petition.

What Is Family Abuse in Virginia?

Virginia law defines “family abuse” as an act involving violence, force, or threat that results in bodily injury or places a person in reasonable apprehension of death, sexual assault, or bodily injury when committed against a family or household member. The definition specifically includes conduct such as forceful detention, stalking, criminal sexual assault, and other criminal offenses that result in bodily injury or create the required reasonable apprehension. 

Virginia’s definition of a family or household member includes, among others:

• Spouses and former spouses
• Parents, stepparents, children, and stepchildren
• Siblings, half-siblings, grandparents, and grandchildren
• Certain in-laws who live in the same home
• Individuals who have a child in common
• Individuals who currently live together or lived together within the previous 12 months
• Certain legal custodians of a juvenile
• Intimate partners

The specific relationship between the people involved can determine whether conduct falls within Virginia’s statutory definition of family abuse. 

Criminal Offenses and Family Abuse

Domestic violence may involve conduct that constitutes a criminal offense. Depending on the circumstances, this can include assault and battery, stalking, strangulation, sexual assault, or other offenses.

Virginia has a specific criminal offense for assault and battery against a family or household member. A first offense under Virginia Code § 18.2-57.2 is generally a Class 1 misdemeanor, while certain repeat offenses can result in felony charges. 

Stalking is also a criminal offense in Virginia. It generally involves conduct directed at another person on more than one occasion with the intent to place that person in reasonable fear of death, criminal sexual assault, or bodily injury, or when the person knows or reasonably should know that the conduct places the other person in such fear. 

Sexual offenses may also result in criminal charges. The legal definitions and requirements vary depending on the specific offense and circumstances.

Protective Orders in Virginia

A person who has experienced family abuse may be able to request a protective order from a Virginia court. Protective orders can restrict the respondent’s conduct and contact with the protected person and, depending on the circumstances, may provide other forms of protection.

Virginia provides several types of protective orders, including emergency protective orders, preliminary protective orders, and protective orders issued after a hearing.

Emergency Protective Orders

An emergency protective order may be issued by a judge or magistrate to protect a person’s health or safety. In family-abuse cases, an emergency protective order may prohibit acts of family abuse, restrict contact, or grant the protected family or household member possession of the residence in certain circumstances. 

An emergency protective order generally expires at 11:59 p.m. on the third day following issuance. If the expiration falls on a day when the court is not in session, the order may be extended until the next day the juvenile and domestic relations district court is in session. 

Preliminary Protective Orders

A preliminary protective order may be requested by filing a petition alleging that the petitioner has been subjected to family abuse. In appropriate circumstances, the court may issue the order ex parte, meaning without the respondent being present at the initial proceeding. The order can prohibit further abuse or contact and may impose other conditions necessary for the petitioner’s safety. 

At a subsequent hearing, the court may issue a longer-term protective order if the petitioner proves the allegation of family abuse by a preponderance of the evidence. 

Protective Orders

A protective order issued after the required court proceedings may prohibit family abuse and restrict contact between the respondent and the protected person or family and household members.

Depending on the circumstances, a protective order may also address matters such as possession of the residence, use of a vehicle, electronic devices, temporary custody or visitation of children, and other relief necessary for the protection of the petitioner and family or household members. 

A protective order may generally be issued for up to two years. If the respondent has been subject to a previous qualifying protective order within the preceding 10 years, the court may issue an order for up to four years. Protective orders may also be extended under Virginia law. 

Criminal Charges and Protective Orders

A protective-order case is a civil proceeding, while criminal charges are separate proceedings. The same underlying conduct can sometimes result in both a protective-order case and criminal charges.

For example, Virginia law provides for an emergency protective order in certain circumstances when a warrant is issued for assault and battery against a family or household member and there is probable danger of further family abuse. 

Violating a protective order can have additional legal consequences, including contempt of court and, depending on the circumstances and applicable statute, criminal penalties. 

Domestic Violence and Children

Family-abuse cases can also affect child custody, visitation, and other family-law matters. A protective order may include temporary provisions concerning custody or visitation of a minor child, and courts may consider family abuse when making decisions affecting the child’s safety and best interests. 

Because protective orders and family-law proceedings can overlap, it is important to consider the potential impact of a domestic violence matter on related custody, visitation, and support issues.

How Raheen Law Group Can Help

Domestic violence and family-abuse matters can involve both civil and criminal legal issues. At Raheen Law Group, we can assist clients in understanding their legal options and navigating the appropriate court proceedings.

We can assist clients who:

• Need assistance seeking a protective order
• Are responding to a protective-order petition
• Are facing criminal charges related to alleged domestic violence
• Need to understand how family abuse allegations may affect custody or visitation
• Need representation in related family-law proceedings
• Have been accused of domestic violence and need to understand their legal rights and options

If you or your children have experienced domestic violence or family abuse, or if you have been accused of domestic violence, contact Raheen Law Group for a consultation.