Domestic Violence

FAIRFAX DOMESTIC VIOLENCE Lawyers

Experienced Domestic Violence Defense Attorneys Serving Virginia

If you are arrested for domestic violence, you may go to jail. Furthermore, you may be separated from your family and prohibited from living in your own home. If you are not a citizen, you face removal (deportation) as a result of this charge, even if it is dismissed on conditions.

At Lawrence, Smith & Gardner, we understand how important it is for our clients to avoid these harsh consequences. We have extensive experience helping people throughout Fairfax and Prince William Counties with their most critical criminal defense issues. If you have been accused of domestic abuse or violence, reach out to our firm right away to learn how we can help.

Contact us online or by phone at (703) 382-5840 to speak with a knowledgeable Fairfax domestic violence defense lawyer.

How is Domestic Abuse Defined in Virginia?

Virginia defines “family abuse” as any act of violence, including force and threats of violence, against a family or household member. To be considered family abuse, the act must either result in bodily injury or cause the victim to reasonably fear being injured.

By law, a family or household member is defined as someone who is either a relative of the alleged offender or someone who lives in the same house as them.

This includes but is not limited to:

Spouses
Ex-spouses
People in romantic relationships
Ex-girlfriends/boyfriends
Domestic partners
Ex-domestic partners
Parents
Children
Grandparents
Grandchildren
Siblings, including stepsiblings and half-siblings
Aunts, uncles, and cousins
In-laws (who share a household)
Roommates
People who have lived together in the last year

Many acts against these and other individuals may constitute domestic violence. Some examples include:

Assault and battery
Brandishing a firearm or weapon
Sexual assault and rape
Attempted sexual assault or rape
Strangulation
Child abuse
Forceful detention
Stalking

Note that a person can be charged with family abuse in Virginia even if no one was injured. If the victim claims that they feared they would be injured or otherwise harmed by the defendant, this may be enough to warrant family abuse charges.

How is Family Abuse Charged?

Different types of domestic violence offenses are charged differently under Virginia law. For example, violating a protective order (restraining order) typically results in misdemeanor charges. Assault and battery against a family or household member can be charged as either a misdemeanor or a felony, and strangulation is nearly always charged as a Class 6 felony in Virginia.

While misdemeanors tend to carry lesser penalties than felonies, both types of charges can have a significant impact on your life. If you are convicted, you could face jail or prison time, including mandatory minimum sentencing. You may also be made to pay thousands of dollars in fines, be put on probation, and be ordered to pay restitution to the victim(s).

Additionally, being convicted of family abuse can result in you losing certain rights, such as your right to own or possess a firearm, as well as your right to retain custody of your child. In some cases, being convicted of certain family abuse crimes can result in the loss of your ability to even see your child, or you may be ordered to have supervised visitation only.

A domestic violence conviction will also almost certainly impact your reputation and your future. You will have a public criminal record, which can be viewed by any potential employer, landlord, lender, or anyone else with access to the internet. This can make it extremely difficult to keep or obtain a job, find housing, or receive a loan.

What is a Protective Order?

A protective order is the official term for a restraining order. Such orders are often granted by the court when a person claims that they are the victim of domestic violence. In Virginia, a judge may grant someone an emergency protective order, a preliminary protective order, or a protective order. Each of these orders accomplishes something different, but a protective order can last up to two years.

If someone files a protective order against you, you are prohibited from doing certain things. You cannot contact the individual who received the protective order in any way, including in person, by phone, through the internet, or by mail. You may be prohibited from contacting members of their family or their friends. You may be required to leave your home, and you will likely be unable to see your minor children while the protective order remains in place.

Having a protective order filed against you does not mean that you will go to jail. However, if you violate the terms of the order in any way, you risk being charged with contempt of court. This can result in significant criminal penalties, including jail time and fines.

How Our Compassionate Fairfax Domestic Violence Lawyer Can Help

Navigating the complexities of domestic violence cases can be overwhelming, especially when emotions run high and stakes are significant. At Lawrence, Smith & Gardner, we understand that having a compassionate advocate is crucial for your peace of mind and legal success. Our dedicated team is committed to providing not just legal expertise, but also emotional support throughout the process.

Here’s how we can make a difference in your case:

Personalized Legal Strategy: We take the time to understand your unique situation and tailor our approach to meet your needs, ensuring you receive the most effective representation.
Open Communication: Our attorneys prioritize keeping you informed at every step of the legal process, so you never feel lost or alone.
Resource Connections: We can connect you with local support services, shelters, and counseling to help you regain control and rebuild your life.
Holistic Approach: We consider all aspects of your situation, including emotional and psychological well-being, to ensure a comprehensive defense strategy.

Don’t face this challenging time alone. Let our experienced team at Lawrence, Smith & Gardner be your trusted ally in navigating the legal landscape of domestic violence. Your safety and well-being are our top priorities.

Contact us online or by phone at (703) 382-5840 to speak with a knowledgeable Fairfax domestic violence defense lawyer.

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I can’t thank you enough for everything. If it weren’t for you I would be in a world of hurt today. I owe you so many thanks. If you ever need anything!! Please pass along all my thanks to your staff and co-workers. Please let Lisa I’m so sorry you missed her lunch too. Thanks again Ron you ROCK!

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I wanted to tell you how grateful I am for your help with my recent difficult situation. I was amazed at your skill and knowledge of the court system, and appreciative of your insight in these matters. I can look back on this experience as a valuable lesson and continue on with my life. Thank you for giving me that opportunity.

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Understanding Your Legal Options

Domestic violence cases can be complex and emotionally challenging. It's important to understand your legal options and rights when facing domestic abuse charges. Our team of experienced domestic violence attorneys in Fairfax can provide you with the guidance and support you need during this difficult time.

Some of the legal options and services we offer include:

Legal representation in court
Assistance with protective orders
Defense against false accusations
Guidance on navigating the legal process

At Lawrence, Smith & Gardner, we are committed to providing compassionate and effective legal representation for individuals facing domestic violence charges. Contact us today to schedule a consultation and discuss your case with a knowledgeable attorney.

Contact Our Domestic Violence Attorney in Fairfax Today

We understand the urgent nature of your situation. Often, these cases involve heightened emotions, contentious relationship dynamics, and “he-said, she-said” arguments. At Lawrence, Smith & Gardner, our goal is to protect your rights and help you avoid the serious consequences of a family abuse conviction.

The sooner you act, the better. We encourage you to contact our Fairfax domestic violence attorney right away to discuss your case and the potential defenses available to you. We offer completely free and confidential consultations, either in person or over the phone/virtually.

You can reach us online or by calling (703) 382-5840. Don't wait, seek legal support from our experienced Fairfax domestic violence attorneys today.

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An Accessible Team With Direct Communication
Free Initial Consultations for All Clients
Numerous Positive Reviews from Our Clients
A Diligent Approach to Each Case
More Than 40 Years Serving Our Community

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With over 40 years spent serving our community, we have earned a reputation for fighting tirelessly for our clients.

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