Woodbridge Domestic Violence Attorney

Allegations of domestic violence can have very serious consequences for you and your family.  In addition to stiff criminal penalties, if you are accused of domestic or family violence you may be served with a protective order preventing you from spending time with your children and other members of your household.  You could also be restricted from returning to your home and prohibited from possessing a firearm. With so much at risk, it is important to seek advice from a Woodbridge defense attorney with extensive experience handling domestic violence cases.

Casey R. Stevens and Lisa K. Caruso are skilled criminal defense lawyers who help clients deal with difficult situations involving domestic violence charges and accusations. As former prosecutors, we know that the Commonwealth of Virginia takes a very serious stance against domestic violence. A domestic violence charge can result in a misdemeanor or felony conviction, carrying substantial fines and the possibility of a lengthy period of incarceration. Beyond the criminal penalties, a domestic violence conviction is likely to damage your reputation and make it very difficult to find a job or obtain a loan or housing in the future.

Understanding When You Can Be Prosecuted for Domestic Violence in Virginia

If you have been charged with domestic violence in Virginia, building an effective defense strategy starts with understanding the allegations against you. Domestic violence charges are somewhat unique in that they are not based solely on your alleged actions, but also on who you allegedly took those actions against. The unique complexity of these cases is one of many reasons why it is important to have an experienced Woodbridge domestic violence lawyer on your side.

Under Section 18.2-57.2.A. of the Virginia Code:

“Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor [in most cases].”

“Family or household member” has a specific meaning under Virginia law. Under Section 16.1-228 of the Virginia Code, an alleged perpetrator can be prosecuted for domestic violence if they are accused of committing an assault and battery against any of the following individuals:

  • The alleged perpetrator’s spouse;
  • The alleged perpetrator’s former spouse;
  • The alleged perpetrator’s parents, stepparents, children, stepchildren, siblings, half-siblings, grandparents, and grandchildren;
  • The alleged perpetrator’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law who reside in the alleged perpetrator’s home;
  • Any individual who has a child in common with the alleged perpetrator;
  • Any individual who cohabits or who, within the previous 12 months, cohabited with the alleged perpetrator, and any children of either of them then residing in the same home as the alleged perpetrator; or
  • A juvenile to whom the alleged perpetrator is the legal custodian.

If you are facing domestic violence accusations in Virginia, our lawyers can thoroughly examine the facts of your case to determine what defenses you have available. From false accusations to insufficient evidence to meet the prosecution’s burden of proof, there are a variety of potential defense strategies in these cases. A Woodbridge domestic violence lawyer at our firm will work closely with you to understand the true facts at hand, and then your lawyer will help you decide how best to proceed—whether this means seeking a plea bargain, seeking entry into Virginia’s First Offender Program (more on this below) or fighting your domestic violence charge in court.

Potential Penalties (and Other Consequences) in Domestic Violence Cases

As we mentioned above, domestic violence allegations in Virginia can have serious consequences. These consequences can include:

Protective Order

As soon as you are charged with domestic violence, you can be constrained by a protective order that prohibits you from contacting the alleged victim (among other things). Depending on the circumstances of your case, this could mean that you are not allowed to enter your own home. While this protective order is in place.

Violating a domestic violence protective order can have serious consequences. Even if you are not guilty of domestic violence, violating your protective order could lead to fines and if convicted active jail time must be imposed.

Probation

Depending on the facts of your case, your best option may be to seek entry into Virginia’s First Offender Program. As its name suggests, this is a program that is specifically available to alleged first-time offenders, and it is available specifically in domestic violence cases.

The purpose of this program is to rehabilitate alleged offenders and prevent future acts of domestic violence. If you enter into the First Offender Program, you will be required to serve probation for not less than two years. But if you complete your probation successfully (which may, among other things, include completing community service and an anger management program), your case will be dismissed without a domestic violence conviction.

Fines and Jail Time

If you get convicted of domestic violence in court, you can face fines and jail time (in addition to a protective order, as discussed above). Since domestic violence is a Class 1 misdemeanor in most cases, a conviction can typically carry up to a $2,500 fine and/or 12 months behind bars. If you are being prosecuted as a repeat offender, you may face a Class 6 felony charge instead, which can potentially carry up to five years of prison time.

Additional Consequences of a Domestic Violence Conviction

Along with the consequences discussed above, a domestic violence conviction can have various additional consequences as well. These include family-related consequences (i.e., consequences related to your child custody or visitation rights), job-related consequences (i.e., your conviction will show up on background checks), and loss of one’s 2nd Amendment right to possess a firearm among other collateral consequences. Given everything that is at stake in your case, it is clearly in your best interests to hire an experienced Woodbridge domestic violence lawyer right away.

Why You Need an Experienced Woodbridge Domestic Violence Lawyer

What can an experienced domestic violence lawyer do to help? When you hire a domestic violence lawyer at Stevens Caruso, your lawyer will provide assistance, including:

  • Determining What Defenses You Have Available – Protecting yourself in this scenario requires informed decision-making. Your lawyer can determine what defenses you have available.
  • Deciding How to Approach Your Domestic Violence Case – After determining what defenses you have available, your lawyer can help you decide how to approach your domestic violence case. As discussed above, this could involve seeking a plea bargain, seeking entry into Virginia’s First Offender Program, or preparing to fight for your freedom in court.
  • Communicating Effectively with Prosecutors and the Judge – Your Woodbridge domestic violence lawyer will be able to communicate effectively with prosecutors and the judge on your behalf. This will be essential for executing your defense strategy.
  • Pursuing a Favorable Outcome Under the Circumstances at Hand – Regardless of how you decide to approach your case, your lawyer will pursue a favorable outcome under the circumstances at hand. Relying on his or her experience, your lawyer will do everything possible to help you avoid unnecessary consequences.
  • Avoiding Mistakes that Could Lead to Unnecessary Consequences – Avoiding unnecessary consequences also means avoiding unnecessary mistakes along the way. When you are facing a domestic violence charge in Virginia, you need to be very careful. Your lawyer can explain what not to do in order to maximize your chances of a favorable result.

Investigating and Defending Against Domestic Violence Allegations

At Stevens Caruso we understand just how much is at stake when you are accused of domestic violence. We also know that in many cases the alleged assault or violence may have never even taken place or may have been an act of self-defense.  Casey R. Stevens and Lisa K. Caruso are skilled attorneys who are prepared to thoroughly investigate and defend domestic violence cases.  They will work directly with you to uncover the truth in your case and develop a defense strategy that best protects your rights and liberties.

Casey and Lisa are not afraid to take on the most difficult and sensitive cases. Individually, they have handled thousands of criminal cases and collectively tried hundreds of high stakes cases before Virginia juries. Their work as former prosecutors in the Commonwealth of Virginia gives them special insight into how the government prosecutes all types of serious criminal matters, including domestic violence cases. They can anticipate how the prosecution will develop the evidence and prepare its case against you, and they will work toward building a powerful defense aimed at achieving an acquittal.

A Woodbridge Domestic Violence Defense Attorney Can Help

If you have been accused of domestic violence, it is important to seek advice from a criminal defense attorney as quickly as possible. Casey R. Stevens and Lisa K. Caruso are experienced defense lawyers who know how to effectively defend individuals dealing with domestic violence charges and allegations.

When you schedule an initial consultation with Casey or Lisa, they will take the time to fully understand your situation.  They will answer your questions, respond to your concerns, and carefully review your legal options with you. You can reach Casey or Lisa in the Woodbridge, Virginia office of Stevens Caruso by contacting Casey on his cell phone 703-967-5750 or Lisa on her Cell 804-731-4262 or the firm’s online contact form.