Chesapeake Domestic Violence Lawyer

What Is 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.