Tuesday, March 18, 2014
Domestic Violence In Virginia Fairfax Lawyer Neglect Abuse
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.
Porter v.
Commonwealth
Facts:
The Circuit Court
of Fairfax (Virginia) terminated the parental rights of appellant mother
pursuant to Va. Code Ann. § 16.1-283(C)(2). The mother appealed. The mother
argued that the trial court wrongfully terminated her parental rights because,
as of the termination hearing, she had substantially remedied the conditions
that led to the removal of her children. The mother contended that in the two
months since her release from incarceration she complied with treatment for
substance abuse, had a stable place to live, and made strides toward the
completion of the requirements of the foster care service plan. While the
mother had made recent progress in areas relating to her ability to parent, the
appellate court noted that the evidence nonetheless proved that for 12 months
following the children's removal, the mother did virtually nothing to remedy
the circumstances of neglect, domestic violence, and substance abuse. Although
the mother claimed she would be able to provide a suitable home for the
children within three to six months, she provided no evidence of permanent
plans with regard to their care. The appellate court also noted that, at the
time of the termination hearing, the children had had no contact with the
mother for 14 months and were thriving in the care of a foster family, which desired
to adopt them.
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:
- Domestic
violence arises out of the nature of the relationship itself, rather than
the exact living circumstances of the victim and perpetrator. A defendant
may cohabit simultaneously with two or more people at different locations,
during the same time frame, if he maintains substantial ongoing
relationships with each and lives with each for significant periods. A
defendant who physically abuses a cohabitant cannot immunize himself from
criminal liability merely by living part-time elsewhere with one or more
other persons while continuing to reside the rest of the time with the
first partner and maintaining a substantial relationship with that person.
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.
Email Us:
Our Phone #
Virginia | |
Fairfax | 703-278-0405 |
Fairfax Virginia Lawyer
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