Virginia Spousal Abuse Lawyer

Spousal abuse is defined as either physical or in some cases emotional abuse, but generally, only physical abuse is criminalized in Virginia. If you have been involved in a spousal abuse, contacting a Virginia spousal abuse lawyer is very important. These cases can lead to very serious charges, so making sure you have proper representation is important in any case. Proper representation is important in any case.

Spousal Abuse and Domestic Violence

Domestic violence is a larger umbrella under which contains evidence of spousal abuse but domestic violence can mean many other things including abuse of children or other family members. Spousal abuse is more narrowly tailored abuse that occurs between two married people.

A person who is charged with spousal abuse can be charged with a varying degree of assaultive statutes. The most common are assault and battery and there is a specific section of Virginia law that covers domestic assault and battery, which includes battery between two married people.

If, however, the abuse results in significant injury to the victim spouse then the offending spouse can be charged with either unlawful wounding or malicious wounding which are both felonies. They can also be charged, potentially, with strangulation which is commonly charged in Virginia.

Additionally, abduction is another possible charge. Most people think abduction means kidnapping – as in a person literally removed somebody from a place to another place and held them there without their will. However, abduction under Virginia law can be much more benign than that. It can be the simple act of having two people in a room and one person blocking the door, keeping the other person from getting out.

What to Expect if Accused

If charged with any degree of a spousal abuse, they should expect that the government is going to take these charges very seriously and in many cases will prosecute even if the victim spouse comes to court to try to recant or prevent charges from going forward to trial. People need to understand that when the government becomes aware of a crime that has been committed or alleged to have been committed, it is up to the government and the government attorneys to determine whether or not they will prosecute, and certainly the input of the victim spouse does carry some weight. However, if the prosecutor is of the opinion that the victim spouse is attempting to recant out of fear or some sense of obligation or attempting to preserve his or her family then they may or may not choose to go forward. Essentially, the victim spouse’s input is relevant and important but is not ultimately the decision-making factor.

Consulting With a Lawyer

When it comes to a spousal abuse case, having an experienced attorney is vital. Having experience in court and coming up with proper strategies is very important in these particular cases. Even though every case is going to be different, having the proper attorney advocating and fighting for you will help you win a case. Please contact a Virginia spousal abuse attorney today if you have been charged.