Domestic Violence

Chesapeake Domestic Violence Lawyer

Defending Virginians in Chesapeake, Virginia Beach & Suffolk, VA

What you thought was just an argument in your home can become something much worse. A neighbor may have heard raised voices and called the police. The police arrive and decide an altercation ensued, so someone must be arrested for a domestic violence offense.

In Virginia, such an offense carries serious consequences, which must be addressed immediately. These consequences can be civil or criminal. It’s imperative to contact a defense attorney.

In these situations, you have rights, and Pettrey Law, PLC can uphold your rights and defend you against incriminating allegations. These allegations can often be based on little or no evidence other than one party’s word against the other. In some cases, you may be accused of crimes to give the other party the upper hand when an impending divorce, child custody, or other domestic dispute is involved.

Regardless of the circumstances, as in any legal matter, you are innocent until proven guilty and have the right to a strong defense. As a highly experienced attorney, Attorney Pettrey understands the gravity of domestic violence arrests and can apply his knowledge, skills, and resources to fight for you. The sooner you call him, the better as early involvement may help you avoid charges or have them reduced.

Book a consultation with our Chesapeake domestic violence attorney at Pettrey Law, PLC by phone at (757) 796-6996 or by email on our contact form.

Understanding Your Rights in Domestic Violence Cases

Navigating the complexities of domestic violence cases can be overwhelming, especially when emotions run high. At Pettrey Law, PLC, we believe that knowledge is power. Understanding your rights is crucial in ensuring you receive the protection and justice you deserve. Our experienced team is dedicated to empowering clients by providing clear explanations of legal options and processes.

Here are some important rights you should be aware of:

The Right to Seek Protection: You have the right to file for a protective order to keep your abuser away from you and your family.
The Right to Legal Representation: You have the right to hire an attorney who can advocate for your interests and guide you through the legal system.
The Right to Privacy: Your personal information and the details of your case should be kept confidential, protecting you from further harm.
The Right to Support Services: You can access various support services, including counseling and shelters, to help you during this difficult time.
The Right to Report Crimes: You have the right to report any criminal activities to law enforcement without fear of retaliation.

At Pettrey Law, PLC, we are committed to ensuring that our clients fully understand their rights and options. Our compassionate legal team is here to guide you through every step of the process, providing the support you need to reclaim your life.

What Is Considered Domestic Violence in Chesapeake, VA?

Virginia domestic violence describes a range of harmful acts committed in the context of a domestic relationship, usually between spouses, intimate partners, or relatives. In some cases, it can also include roommates or other household members.

Examples of physical acts that can arise from domestic violence include punching, hitting, slapping, or shoving. However, it could extend to other patterns of abusive behavior, like threats of violence, sexual abuse, and emotional and financial abuse.

State-based legislation varies in terms of both the nature of the relationship and the type of conduct required to prove a domestic violence offense. While domestic violence offenses are usually prosecuted at a state level, federal domestic violence legislation exists.

In 1994, Congress passed the Violence Against Women Act (VAWA). This Act and subsequent additions to the Act acknowledge domestic violence as a national crime and aid overburdened state and local criminal justice systems.

VAWA crimes include:

Committing or attempting to commit a crime of violence against an intimate partner
Stalking or harassing (including by mail or computer)
Violating a Protective Order issued by a court to protect an individual from abuse, harassment, or violence by restricting the behavior of the person who poses a threat

Consequences of Alleged Domestic Violence in Virginia

When you are charged with a domestic violence offense, the court has the power to order a protection order, also referred to as a restraining or no-contact order, depending on your jurisdiction.

Protection orders can be made even without your presence in court, before charges have been finalized, and, in many cases, before the criminal process has begun. This means that you can suffer certain consequences before a judge or jury has found you guilty beyond a reasonable doubt.

When a protection order is issued, it can result in two significant consequences, though other penalties or restrictions may be imposed:

It can restrict your contact with the alleged victim and any children involved and
It can require you to leave the family home

Those subject to a protective order or convicted of a domestic violence offense are also prohibited from owning or possessing a firearm under federal law.

Criminal convictions of any nature, but especially domestic violence offenses, can also impact your ability to find work or housing. Potential employers or landlords who run a background check may refuse an applicant with a domestic violence conviction.

Continue Reading Read Less

"Expert Defense in Challenging Cases"
Mr. Pettrey successfully dismissed a driving on suspended charge and reduced reckless driving to simple speeding, proving he’s the advocate you want on your side.

- Tyler R.
"A Caring and Diligent Attorney"
Great attorney, very thorough, personable, and genuinely cares about your case.

- Eric W.
"A Lawyer Who Cares"
Mr. Pettrey treats clients with honesty and respect, providing personalized attention and dedicated service for the best outcomes in challenging situations.

- Brittany C.
"Exceptional Legal Representation"
Kevin Pettrey’s unmatched expertise and dedication ensure clients receive effective strategies and clear guidance, making him a top choice for legal advocacy.

- Nick F.

Let’s Start the Conversation

Have questions or need legal assistance? We're here to help. Reach out today for a consultation, and let us guide you through your legal journey with compassion and expertise. Contact Pettrey Law, PLC and get the support you deserve.

Schedule Your Consultation

Virginia Domestic Violence & Related Criminal Conviction Penalties

The sentencing options for domestic violence offenses generally depend on the severity of the allegations and any prior protective orders.

Under Virginia law, penalties can include but are not limited to:

Fines
Probation
Domestic violence treatment or counseling programs
Imprisonment

When sentencing an offender for a domestic violence offense, the court will consider aggravating circumstances, such as:

The level of injury sustained by the alleged victim
Whether a weapon was used or a child witnessed the crime
Whether the crime violates an existing protection order
The personal characteristics of the victim, such as being older or pregnant

The penalties for domestic violence offenses can quickly become harsher with subsequent convictions.

Continue Reading Read Less

Values That Drive Us Integrity, Compassion, and Advocacy at Our Core

Proven Results
Committed to excellence and proven success, we strive for favorable outcomes using experience and innovative legal strategies to protect your rights and interests.
Integrity and Transparency
We pride ourselves on building trust with our clients through open communication and honest advice. At Pettrey Law, you will always know where your case stands and the options available to you.
Compassionate Counsel
We understand that legal matters can be stressful and emotional. Our team is here to provide not only expert legal advice but also the empathy and understanding you need during challenging times.
Client-Centered Advocacy
At Pettrey Law, PLC, your needs come first. We focus on personalized legal strategies, ensuring you receive the guidance and support tailored to your unique situation.

Can Domestic Violence Charges Be Dropped in Chesapeake?

Domestic violence charges can be dropped. However, they will not be dropped because your accuser recants or no longer wants to proceed with the charges. Charges are initiated by the state, not the alleged victim. Thus, only the prosecution can drop charges or dismiss a case.

Similarly, a protective or restraining order remains effective regardless of the protected person’s desire to have it lifted. Anyone subject to a restraining order must adhere to its terms. Failing to comply can result in additional criminal charges with serious repercussions. Violating a protective order is considered a significant offense.

Defenses to Domestic Violence Allegations

The specific defenses available to you in any domestic violence charge will depend on the circumstances of your case.

Common defenses can include:

Self-defense or defense of others, where reasonable force was used to prevent an attack
Lack of evidence, if the prosecution fails to present enough evidence to prove each element of the offense beyond a reasonable doubt
False allegations, where the victim has lied about what happened
Accident, where the defendant unintentionally caused the injury

A conviction for a domestic violence offense can have a long-lasting impact on many aspects of your life, including your personal relationships, parenting, and employment. Consulting a domestic violence defense lawyer about allegations is always in your best interests.

At Pettrey Law, PLC, Attorney Pettrey can listen to your version of events, assess the strength of the evidence against you, and advise you of any defenses that may be available. His representation can make a significant difference in the outcome of your case.

Reach us online or at (757) 796-6996 for a complimentary consultation with our Chesapeake domestic violence attorney.

Continue Reading Read Less

Contact Pettrey Law, PLC Today!

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy