A domestic violence accusation can change your life in an instant. One heated argument, a misunderstanding, or a false allegation can quickly escalate into criminal charges with far-reaching consequences. In Virginia, domestic violence cases are prosecuted aggressively, and even a first-time arrest can result in protective orders, jail time, and long-term damage to your personal and professional reputation. If you’ve been accused of domestic violence, you may be unsure of what to do next, afraid of losing your freedom, or concerned about how these charges could affect your family and future. It is crucial to understand, however, that being charged does not necessarily mean you are guilty. You have rights, and there are powerful legal defenses that may apply to your case. At Crowley Peritz Law, we assist clients throughout Northern Virginia in fighting back against domestic violence charges with a strategic, compassionate, and aggressive defense. Understanding how Virginia law treats these cases, what defenses may be available, and how a criminal defense attorney can protect your future is the first step toward taking control of your situation.
Understanding Domestic Violence Charges in Virginia
In Virginia, domestic violence is commonly charged as assault and battery against a family or household member in violation of Va. Code § 18.2-57.2. This includes current and former spouses, parents, children, siblings, cohabitants, and individuals who share a child. A first-time offense is typically classified as a Class 1 misdemeanor, with penalties of up to 12 months in jail and a $2,500 fine. However, if the defendant has two or more prior convictions for domestic assault or similar offenses, the charge may be elevated to a Class 6 felony.
Beyond criminal penalties, a domestic violence arrest can result in a range of collateral consequences. Courts often issue preliminary protective orders, which may prohibit contact with the alleged victim or bar the accused from their own home. A conviction can also affect employment, security clearances, firearm rights, and future custody arrangements. Because of these long-term effects, it is essential to approach domestic violence allegations with a strong, informed defense.
The Legal Rights of the Accused
If you have been accused of domestic violence in Virginia, it is important to remember that you are presumed innocent until proven guilty. The prosecution bears the burden of proving the charges beyond a reasonable doubt. You are entitled to the full protections of the Constitution, including the right to remain silent, the right to an attorney, and the right to confront your accuser in court.
Many defendants are unaware that anything they say to law enforcement, or even to friends or family, can be used against them at trial. As such, exercising your right to remain silent until you have consulted with a criminal defense attorney is one of the most important steps you can take after an arrest.
Common Defenses to Domestic Violence Charges in Northern Virginia
Several legal defenses may apply in a domestic violence case, depending on the facts and circumstances. One of the most frequent issues in these cases is the presence of false accusations. Allegations may stem from emotional disputes, custody conflicts, or even attempts to manipulate divorce proceedings. A defense attorney can uncover inconsistencies or ulterior motives that cast doubt on the accuser’s credibility.
Another defense involves the lack of sufficient evidence. The prosecution must establish that the alleged offense occurred and that the accused was responsible. If there are no witnesses, injuries, or physical evidence to support the claim, the case may rest entirely on the accuser’s word, which is not always enough for a conviction.
In some cases, the accused acted in self-defense, using reasonable force to protect themselves from harm. Virginia law permits self-defense if there is a credible threat of bodily injury. Alternatively, the incident may have involved mutual combat, where both parties willingly engaged in a physical altercation. These scenarios can significantly alter how a court or jury views the events.
Finally, any violation of constitutional rights, such as an unlawful arrest, failure to administer Miranda warnings, or improper search and seizure, can be grounds for suppressing evidence. A skilled attorney will thoroughly examine how the case was handled and challenge any procedural errors that compromised your rights.
Why Legal Representation Matters in Domestic Violence Cases
Domestic violence cases are rarely straightforward. These matters often involve complex interpersonal relationships, high emotions, and little to no physical evidence. Prosecutors and judges treat domestic violence cases seriously, and without a vigorous defense, defendants can quickly find themselves facing devastating consequences.
An experienced domestic violence defense lawyer in Northern Virginia will analyze the evidence, identify weaknesses in the prosecution’s case, and develop a strategic plan for negotiation or trial. In many cases, a defense attorney can negotiate for a reduced charge, entry into a diversion program, or even a dismissal. When a trial is necessary, a seasoned attorney will advocate forcefully on your behalf, ensuring your side of the story is heard and your rights are protected.
How Crowley Peritz Law Can Help
At Crowley Peritz Law, we understand the high stakes involved in domestic violence cases. With more than 25 years of combined experience handling criminal defense in Fairfax County and throughout Northern Virginia, our attorneys provide focused, individualized legal representation. We intentionally limit our caseload to ensure every client receives the time, attention, and thorough preparation they deserve.
No two cases are alike, and we pride ourselves on crafting tailored defense strategies to suit each client’s unique situation. Our clients have direct access to their attorneys via personal cell phone and email because we believe that strong communication is essential to an effective defense. Whether your case involves a misdemeanor charge, felony enhancement, or a protective order hearing, we will stand by your side every step of the way.
Contact Crowley Peritz Law Today
If you are facing domestic violence charges in Northern Virginia, your future is too important to leave to chance. At Crowley Peritz Law, we are committed to defending the rights of individuals accused of domestic assault and battery, and we have a track record of achieving positive results in even the most challenging cases. We invite you to contact us today through our online form or call us at (703) 337-3773 to schedule a free, confidential consultation.
