Virginia Beach Domestic Violence Defense Lawyer

Aggressive Attorney for Domestic Violence Charges in Virginia Beach

Allegations of domestic violence can—and often do—lead to criminal charges in Virginia. Even if you think the underlying allegation is false or blown out of proportion, it is important to take the legal proceedings seriously to avoid long-term consequences. A Virginia Beach domestic violence defense attorney can advise you of your rights and guide you through your case.

At Castellano Law Firm PLLC, we understand how damaging a domestic violence accusation can be. Regardless of whether you have been charged with a misdemeanor or a felony offense, we are here to provide you with strong legal advice and fierce representation. Attorney Vincent Castellano has experience as a public defender, which has given him a clear understanding of how these cases are handled.

Assault and Battery Charges Involving Family or Household Members in Virginia

Assault and battery involves either threatening another person in a way that causes them to reasonably fear imminent harm, making physical contact with another person in an unwanted or harmful way, or both. When the alleged victim is a household or family member, the charge will be prosecuted under Virginia's domestic violence laws. Family and household members include spouses, former spouses, parents, children, siblings, and people who share or have shared a residence.

A first offense domestic assault and battery charge is a Class 1 misdemeanor, carrying up to 12 months in jail and a fine of up to $2,500. The penalties escalate significantly for repeat offenses. A third or subsequent conviction within 20 years is a Class 6 felony, which can result in one to five years in prison. Virginia tracks these offenses over a long window, and prior convictions can have a direct impact on how a new charge is handled.

What Happens if a Protective Order Is Issued Against You in Virginia Beach?

A protective order can be issued quickly, sometimes before the underlying criminal case has moved very far. An emergency protective order can be put in place the same night as an arrest and does not require a full hearing. A preliminary protective order can follow shortly after and remain in effect for up to 15 days. A permanent protective order, which can last up to two years, requires a court hearing where both sides have the opportunity to be heard.

A protective order can prohibit contact with the alleged victim, require the restrained person to vacate a shared residence, and restrict the ability to possess firearms. Violating a protective order is a separate criminal offense, even if the person protected in the order reaches out first. The existence of a protective order can also complicate child custody arrangements and affect other civil matters running alongside the criminal case.

Defenses Against Domestic Violence Charges

Domestic violence charges can arise from situations that are more complicated than the initial report suggests. Inconsistencies in the alleged victim's account, a history of false reports, and communications between the parties before and after the incident can all be relevant to how the case is evaluated.

Self-defense is another recognized defense. Virginia law allows a person to use reasonable force to protect themselves from an imminent threat, and physical confrontations between household members do not always unfold the way they are later described to law enforcement. Witness accounts, physical evidence, and the documented history between the parties can help establish what actually happened.

It is also worth noting that once a domestic violence charge is filed, the decision to proceed belongs to the prosecutor, not the alleged victim. An alleged victim who later wishes to drop the accusations does not have the authority to dismiss the charge on their own.

Contact a Virginia Beach Domestic Violence Defense Attorney

At Castellano Law Firm PLLC, we are here to help you contest domestic assault and battery charges, as well as other violent crimes involving family or household members. Call 757-724-0073 or contact our Virginia Beach domestic violence defense lawyer to schedule a free consultation.