Thursday, February 27, 2014

Domestic Violence In Virginia Fairfax Lawyer Residual Parental Rights

Domestic Violence In Virginia

In Virginia, domestic violence is a criminal offense under Va. Code § 18.2-57.2 and is punishable as a Class 1 misdemeanor

Below is a sample case of domestic violence, in violation of Va. Code § 18.2-57.2 in Virginia as interpreted by a lawyer in our firm.

Va. Code Ann. § 18.2-57.2 dealing with penalty for Assault and battery against a family or household members states as follows “Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.”

Have you been charged with domestic violence in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with domestic violence in Virginia?

For a lot of our clients, domestic violence can result in the loss of their job, their security clearance etc.

Don’t risk going to court without a lawyer, if you have been charged with domestic violence in Virginia. 
  Contact our law firm for help and speak with a lawyer today.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg and Lynchburg.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Mark v. Commonwealth

Facts:

Pursuant to Va. Code Ann. § 16.1-283(B), appellee department of social services (DSS) filed a petition to terminate the residual parental rights of appellant mother to her children. The Circuit Court of Fairfax, Virginia, granted the petition. The mother appealed. The mother challenged the sufficiency of the evidence to support the terminations. The evidence showed that the children had suffered serious neglect while under the mother's care. In several instances, she failed to protect one child from sexual abuse, and the child had contracted a sexually transmitted disease at age five. Both children were exposed to repeated domestic violence in the home. Through years of contact with DSS, the mother's progress toward the goals precedent to reunification with her children was sporadic at best. At the time of the termination hearing, nearly two and one-half years since the children were finally removed from her care, they had been placed with a foster family that wanted to adopt them. Both had made significant progress since removal from their mother's home. The appellate court held that clear and convincing evidence proved that termination of the mother's parental rights was in the best interests of the children. The judgment was affirmed.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • In a termination proceeding, in determining what is in the best interests of a child, a court must evaluate and consider many factors, including the age and physical and mental condition of the child or children; the age and physical and mental condition of the parents; the relationship existing between each parent and each child; the needs of the child or children; the role which each parent has played, and will play in the future, in the upbringing and care of the child or children; and such other factors as are necessary in determining the best interests of the child or children.
If you have been charged with a first time offense of domestic violence in Virginia, contact our law firm for help and speak with a lawyer today.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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