HOW VIRGINIA HANDLES DOMESTIC VIOLENCE CHARGES
Virginia law reaches broadly here. “Family or household members” includes spouses and former spouses, people who share a child, parents, siblings, and anyone who has lived together within the past year — so a charge can arise from far more than a marriage. When police respond, a magistrate can issue a protective order immediately (Va. Code § 16.1-279.1), and that order can bar you from your own home and contact with your family before the case is ever heard.
One feature catches many people off guard: Virginia effectively follows a “no-drop” approach. Even if the person who called police later wants the charge dropped, the prosecutor can — and often does — press forward anyway. That means you can’t resolve this by talking to the accuser; in fact, contacting them can violate the protective order and make things far worse. The right move is to say nothing to the accuser, let your lawyer handle all communication, and build your defense from day one.
DOMESTIC VIOLENCE CHARGES: WHAT TO KNOW
What are the penalties in Virginia?
Assault and battery against a family or household member is a Class 1 misdemeanor — up to 12 months in jail and a $2,500 fine (Va. Code § 18.2-57.2). A third offense within 20 years becomes a Class 6 felony. Charges involving serious injury can rise to Class 3 or Class 2 felonies, carrying years to life in prison.
What is a protective order, and how does it affect me?
It’s a court order that can remove you from your home and bar contact with the accuser and your children — often issued immediately (§ 16.1-279.1). Violating it is a separate crime, which is why every communication needs to run through your lawyer.
Can the charge be dropped if the accuser recants?
Usually not on its own. Virginia prosecutors can pursue the case even if the accuser wants it dismissed, so a recantation doesn’t end it — but it can matter to your defense when handled correctly.
What should I do if I’ve been accused?
Do not contact the accuser. Preserve anything that supports your account (messages, photos, witnesses), and let your attorney manage all communication with the court and prosecution.
Someone you can actually reach
Charges create stress and urgent questions. Look for a firm that’s available when you need it — we offer after-hours access and keep you informed at every step.
What defenses are available?
Depending on the facts: self-defense or defense of others, a lack of any actual assault, or false or exaggerated allegations. We investigate what really happened and hold the prosecution to its burden of proof.
WHY THE ACCUSED CHOOSE DECKER
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CONTACT DECKER’S DOMESTIC VIOLENCE DEFENSE TEAM
These cases move quickly, and the protective order is already in effect — the sooner we’re involved, the more we can protect. Reach us by text, chat, phone, or email, or call 757-622-3317. Everything you tell us is confidential.