Serious Consequences for Domestic Violence Convictions
If you are convicted of or even just face allegations of domestic violence, your child custody and visitation rights may be threatened. A conviction can result in jail time and have an adverse impact on your career, military progression and freedom.

June 17, 2009 /24-7PressRelease/ -- Serious Consequences for Domestic Violence Convictions

Article provided by James D. Garrett and Associates, P.C. Please visit our Web site at http://www.jamesgarrettlaw.com

According to Virginia's Attorney General, there were 22,515 incidents of assault and battery against a family or household member in Virginia in 2007. Domestic violence is assault and battery against a family or household member and includes physical, emotional, psychological or sexual acts. In some cases, a spouse may falsely accuse the other spouse of domestic abuse during divorce proceedings as a way to gain leverage or obtain child custody. If you are convicted of or even just face allegations of domestic violence, your child custody and visitation rights may be threatened. In addition, a domestic violence conviction can result in jail time and have an adverse impact on your career, military progression and freedom.

Virginia Criminal Law

Under Virginia law, a person who commits assault and battery against a family or household member can be convicted of a Class 1 misdemeanor. The punishment may include up to 12 months in jail and/or up to $2,500 fine. For a first offense, a defendant may be eligible for probation combined with an education and treatment program. For a third offense, a person may be convicted of a Class 6 felony. Punishment may include up to 12 months in jail, up to $2,500 fine or one to five years in prison under the jurisdiction of the Virginia Department of Corrections.

The definition of family or household member is broader than you might think and includes: a spouse or former spouse, parents, stepparents, children, stepchildren, siblings, half-siblings, grandparents and grandchildren (regardless of whether they live together). In-laws (mother, father, son, daughter, brother or sister) are included, but only if they are living with the accused. Also, the definition can include people who cohabitate, or have cohabitated in the past year, and their children. It also includes people who have a child in common, even if they have never lived together.

Protective Orders

Victims of family abuse may request a protective order against the alleged abuser. This is a civil procedure and not a criminal case. There are three types of protective orders: emergency, preliminary and permanent. An emergency protective order provides immediate protection and if issued by a magistrate is only in effect for at least 72 hours, to allow time for the victim to file a petition for a preliminary protective order with the juvenile and domestic relations district court. A judge will grant a preliminary protective order to protect the health and safety of the victim and if granted is in effect for 15 days. During that time a full adversary hearing must be held where both the victim and the abuser are present. The victim must show evidence of family abuse. The judge may issue a permanent order for up to two years.

Protective orders may include one or more of the following conditions:
• Prohibit acts of family abuse
• Prohibit contact between abuser and family members
• Grant the victim exclusive possession of the residence (this does not affect title to the property)
• Grant the victim temporary possession of a jointly owned motor vehicle (this does not affect title to the vehicle)
• Require the abuser to provide suitable alternative housing
• Order the abuser to participate in treatment, counseling or other programs
• Order any other relief necessary for the protection of the victim or other household members including a provision for temporary custody or visitation of a minor child

The violation of a provision of a protective order is a Class 1 misdemeanor. The second violation of a protective order (within five years) carries a mandatory minimum 60 days of confinement. The third violation (within 20 years) and one of the violations included an act or threat of violence is a Class 6 felony and carries a mandatory minimum six months of confinement. In addition, assault and battery of any person protected by a protective order is a Class 6 felony or if a protective order is violated by furtively entering the home of the protected party while the protected party is present it is a Class 6 felony.

Virginia law makes it unlawful for a person who is the subject of a protective order or is convicted of assault and battery to purchase or transport a firearm. There is no exception for those in law enforcement or the military.

Advice

If you have been charged with a domestic violence crime or are the subject of a protective order, it is important that you seek legal advice right away. This is a complicated area of the law and it is imperative that you consult with an experienced attorney. These charges can affect your career, particularly a military career, and can adversely impact the outcome of a custody battle.

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