Top Rated Henrico County VA Domestic Violence Lawyers • 1500+Reviews
Domestic violence or domestic abuse can be defined as a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner. Family abuse is another form of domestic violence. Virginia law defines family abuse as any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person’s family or household member. Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault. Contact our top rated Henrico VA domestic violence lawyer if you have been accused of this type of offense.
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Experienced Local Henrico Domestic Violence Defense Attorneys
Riley & Wells Attorneys-At-Law is a premier local Henrico County VA criminal law defense firm. Our lawyers possess over 60 years of collective experience representing clients accused of domestic violence allegations. Our office is located a few miles from the Courthouse. We are recognized as a “Best Law Firm” by U.S. News & World Report. We represent clients before the Henrico Juvenile & Domestic Courts every week. All domestic criminal cases typically originate in this Court. Our lawyers will review your case in detail. We will develop the best strategy and defense for your case. Our firm has been positively reviewed more times than any other law firm that represents clients charged with criminal offenses in the Henrico VA Courts.
Top Rated Henrico County Domestic Violence Lawyers Representation
Domestic Violence Assault & Battery Attorneys Henrico VA
An assault and battery against a family or household member is a class one misdemeanor criminal offense according to Va. Code § 18.2-57.2. This is the most common type of domestic violence offense. A family or household member has specific meaning pursuant to the statute and does not include someone you lived with 2 years ago or a distant cousin. A subsequent offense can be a Class 6 felony. The magistrate will issue an emergency protective order when an arrest warrant is issued for this offense. Such an order lasts for 72 hours, prohibits contact, and grants the alleged victim temporary possession of the premises. A misdemeanor crime of domestic violence conviction will also result in a loss of firearm rights.
False Henrico County Domestic Violence Accusations
A broken relationship can become toxic. It can ruin lives, shatter families and wreck careers. Unfortunately, this toxic relationship can sometimes generate false domestic violence accusations. False accusations can ruin a person’s life and have real consequences. Unfortunately, false accusations happen far too often. If this has happened to you, then you need to take action now! Defending wrongful allegations can be difficult. Many assume that the truth will always prevail through the court system but this is not always the case. You may know you are innocent, but the judge does not. You need a top rated Henrico County domestic violence defense attorney to ensure that your rights are protected and that you present the best defense.
What is a Domestic Violence Family or Household Member?
Virginia law has a specific definition for family or household member. Va. Code § 16.1-228 defines family or household member. Family members include spouses, former spouses, parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents, grandchildren and anyone with a child in common. Household members are defined as individuals who live together in the same home. This includes cohabitation within the previous 12 months. An element of the offense is that the alleged victim is a family or household member. The alleged victim not being a family or household member is a defense. However, the Henrico County Commonwealth Attorney can fix this error if you were charged with the wrong offense by amending the allegation to Va. Code 18.2-57.
Henrico County Domestic Violence Protective Orders and Violations
Va. Code sections 16.1-279.1 and 16.1-253.1 give the Henrico Juvenile & Domestic Relations District Court or a magistrate the authority to issue a protective order in cases of family abuse. A preliminary protective order typically follows an emergency protective order and the third type is a permanent protective order. The court may issue a protective order to protect the health and safety of the petitioner and their family or household members. A protective order issued under this section may include harsh conditions. These protective orders are to be taken seriously and should be defended. A protective order affects firearm rights. An alleged protective order violation should likewise be defended. Put our Henrico VA domestic violence lawyer experience to work for you.
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6/7/2021 | Updated 12/10/2023