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Domestic Violence Defense Attorney in Fairfax, Virginia
Being accused of domestic violence is one of the most serious and stressful experiences someone can face. It can damage your reputation, put your freedom at risk, and threaten your relationship with your children, partner, and community. At Crowley Peritz Law, we understand the high stakes involved and provide the focused, compassionate, and strategic defense you deserve.
Located in Fairfax, Virginia, our firm represents clients across Northern Virginia who are facing domestic violence allegations. Whether you’ve been falsely accused or a complex situation escalated into criminal charges, we’re here to protect your rights, advocate on your behalf, and help you move forward.
What Qualifies as Domestic Violence in Virginia?
In Virginia, domestic violence—legally referred to as “assault and battery against a family or household member”—is not limited to physical harm. You can be charged for a range of actions, including:
- Physical assault or battery
- Threats of violence or intimidation
- Sexual assault
- Stalking or harassment
- Destruction of property during a domestic incident
- Violating a protective or restraining order
The term “family or household member” includes not only spouses, but also ex-spouses, current or former cohabitants, blood relatives, in-laws, and individuals with whom you share a child or intimate relationship. Because of this broad legal definition, accusations can arise from a wide range of relationships and living arrangements.
Immediate Arrests and Protective Orders
Virginia law permits mandatory arrest policies in domestic violence cases. This means that if law enforcement believes there is probable cause—even without physical evidence or a victim pressing charges—they can arrest you on the spot. Additionally, courts often issue emergency protective orders that can:
- Force you to vacate your home
- Prohibit contact with the alleged victim (even children)
- Affect your ability to possess firearms
- Disrupt your custody or visitation rights
Violating any part of a protective order is a separate criminal offense, which could lead to additional penalties. That’s why it’s critical to contact a defense attorney as soon as possible following an arrest or protective order issuance.
Penalties for Domestic Violence in Virginia
A conviction for domestic violence in Virginia can lead to severe consequences, including:
- Up to 12 months in jail (for a first-time misdemeanor offense)
- Felony charges for repeat offenses or serious injuries
- Loss of firearm rights under federal and state law
- Probation, mandatory anger management, or counseling
- Protective orders lasting up to 2 years or more
- Permanent criminal record that can impact housing, employment, and immigration status
- Negative impact on divorce or child custody proceedings
With so much at stake, you need an experienced criminal defense attorney who knows how to navigate the legal system and fight for your future.
Both preliminary and permanent protective orders can determine who gets possession of the home, children, and pets. You can also be ordered to continue paying rent/mortgage payments, utilities, and other bills even if you can no longer go home. The court can also order you to pay child support as part of a protective order.
In addition, a separate “preliminary protective order” can be requested ex parte which makes the protective order last until a hearing with both parties can be had (no more than 15 days from when it is issued). At the hearing date, the Court can enter a protective order that lasts up to 2 years, called a permanent protective order. Having a protective order against you limits your rights to purchase and possess firearms while the protective order is active. In addition, violation of a protective order is a separate, serious charge with enhanced punishment for multiple offenses.
We have experience fighting protective orders as part of criminal representation or standing alone. A protective order hearing can provide an independent opportunity to challenge the other person’s story and learn more about the criminal case. This can be invaluable in preparing for the criminal trial.
Our Legal Approach: Defense Strategies That Work
At Crowley Peritz Law, we don’t treat domestic violence cases as one-size-fits-all. Every case has its own unique facts, emotions, and dynamics. We take the time to understand your situation and craft a defense tailored to your needs. Our strategies may include:
- Challenging the credibility of the accuser
- Highlighting a lack of physical evidence or inconsistencies in the report
- Demonstrating self-defense or mutual combat
- Presenting witness testimony or surveillance footage
- Negotiating with prosecutors for reduced charges or diversion programs
- Preparing a strong case for trial when necessary
We also assist clients in navigating protective orders, helping them understand the restrictions and defending them in court if the terms are unfair or unjustified.
False Allegations Are More Common Than You Think
Domestic violence laws are essential for protecting victims—but they can also be misused. We’ve represented many clients who were falsely accused due to:
- Custody disputes or divorce battles
- Retaliation after a breakup
- Misunderstandings during emotionally charged arguments
- Attempts to gain legal or financial leverage
False accusations are devastating, but they can be successfully defended with the right legal team. At Crowley Peritz Law, we work tirelessly to uncover the truth, protect your reputation, and get unjust charges dismissed or reduced.
Domestic Violence cases can also be treated differently in determining whether the defendant is granted a bond, or whether they will wait in jail for trial. For example, in strangulation cases involving family or household members, the law tells the judge that they should not grant a bond unless the Defendant can convince them that they are not dangerous, and that they are likely to return to court.
This is exactly the opposite of many other types of cases where the law tells the judge they should grant bond unless the prosecution can convince them they should not. That is an especially important difference when it’s a close call. It also means that if you are charged with strangulation, the magistrate (the first judicial official you encounter after you are arrested who would normally have the ability to release you) does not have the ability to grant you bond and you will have to wait for your lawyer to file a motion to be heard in front of the Juvenile and Domestic Relations judge.
Why Choose Crowley Peritz Law?
- Deep Experience in Virginia Criminal Defense
Our attorneys have years of experience defending clients against serious charges in Fairfax and surrounding jurisdictions. We understand how local prosecutors handle domestic violence cases and use that knowledge to your advantage. - Personalized Attention
You’re not just another case number. We provide attentive, respectful, and clear communication throughout your case, so you always know where things stand. - Aggressive Advocacy
We’re not afraid to push back against weak evidence or overzealous prosecution. Our goal is to protect your record, your rights, and your future. - Discreet & Compassionate Service
We understand the emotional toll domestic violence cases take. You can count on us for confidentiality, compassion, and guidance every step of the way.
With that said, a cooperative accuser is very often the key to reduced charges or dropped charges if the situation is navigated correctly with the help of counsel.
Schedule a Confidential Consultation Today
If you’ve been charged with domestic violence in Fairfax County or Northern Virginia, don’t wait. The sooner you involve an attorney, the better your chances of securing a favorable outcome.
Call Crowley Peritz Law at (703) 997-1574 or Contact Us Online for a confidential consultation.
Proudly serving clients in Fairfax, Arlington, Alexandria, Falls Church, Vienna, and throughout Northern Virginia.
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