Quantico Domestic Violence Lawyer
The crime of domestic violence is difficult to fully understand because it is unlike most other crimes in Quantico. Instead of prohibiting certain kinds of conduct, like most crimes do, domestic violence in Quantico prohibits conduct that is done to specific sets of people.
A Quantico domestic violence lawyer can help if you have been accused of committing a crime of domestic violence in the area. With a defense lawyer at your side, you can fight against the charge, show your innocence, and work to protect your future from a costly conviction that is difficult to overcome.
What Constitutes Domestic Violence
Domestic violence in Quantico is covered by numerous statutes. One of them is Virginia Code Ann. § 18.2-57.2. This statute covers assault and battery that is committed against a family or household member and is a classic example of a domestic violence crime in Quantico.
Family or Household Members in Domestic Violence Laws
The crucially important element that makes almost any crime in Quantico a crime of domestic violence is that it is committed against a certain set of people. That group of people, as the law against assault and battery shows, constitutes members of the family or household.
Defined in another statute, Va. Code Ann. § 16.1-228, family or household members are:
- Current or former spouses
- Parents and grandparents
- Children and grandchildren
- Stepparents, stepchildren, and stepsiblings
- In-laws who live in the same house
- The other parent of a biological child
- Anyone who cohabitated within the past year, and their children
When a crime of violence, like assault and battery, is committed against one of these groups of people, the crime becomes one of domestic violence.
Penalties for Domestic Violence Crimes
Whenever a crime has an element of domestic violence to it, the penalties of a conviction become more severe. Not only are there fines and jail sentences for domestic violence offenses, but there are also numerous collateral consequences of a conviction for domestic violence.
One common collateral consequence of a domestic violence conviction is a restraining order. These prohibit contact with the purported victim of the crime, and can drastically impact the life of a defendant.
Defending Against a Domestic Violence Accusation
Charges for domestic violence do not have to become convictions, though. Defendants can fight the charge by preventing the prosecutor from proving, beyond a reasonable doubt, that the law was broken, or by showing that the violence was justified or excusable.
A common defense in domestic violence cases is that the violence happened, but only through self-defense. When the self-defense was reasonably proportioned to the attack, it can justify the underlying charge of violence.
The Accusation was False
In some cases, domestic violence accusations are manipulative tools that are meant to saddle a defendant with a serious charge for some ulterior motive. Divorce cases where one spouse wants a favorable child custody arrangement can lead to false and groundless accusations of domestic violence. Proving that the charge is baseless can take a Quantico domestic violence lawyer piecing together the context surrounding the allegation.
Talk to a Quantico Domestic Violence Attorney Today
Facing an allegation of domestic violence can be one of the most stressful times of your life, especially when you know you are innocent. Proving that the charge is groundless and that you did not do what you have been accused of doing can take the help of a Quantico domestic violence lawyer.
Contacting an attorney as soon as possible is essential. Invoking your rights to a lawyer right after an arrest for domestic violence can help fight against the charge from the outset.