Lawyers In Fairfax Virginia

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.”

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

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Parker v. Commonwealth

Facts:

In a domestic violence case, the Commonwealth appealed an order from the Circuit Court of Fairfax (Virginia) which granted defendant's motion to suppress all evidence resulting from an allegedly illegal entry into defendant's home in an action involving an indictment against defendant for two counts of domestic assault and battery on a police officer.

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:

• U.S. Const. amend. IV protects people from unreasonable searches and seizures. In terms that apply equally to seizures of property and to seizures of persons, U.S. Const. amend. IV has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant. Among the circumstances accepted as providing "exigent circumstances" for a warrantless search or seizure in a private residence are those where a true "emergency" exists. The court does not question the right of the police to respond to emergency situations. U.S. Const. amend. IV does not bar police officers from making warrantless entries and searches when they reasonably believe that a person within is in need of immediate aid. The need to protect or preserve life or avoid serious injury is justification for what would be otherwise illegal absent an exigency or emergency. A warrantless search must be strictly circumscribed by the exigencies which justify its initiation.
• The court must determine whether the law enforcement officers had probable cause at the time of their warrantless entry to believe that cognizable exigent circumstances were present. The court evaluates the existence of probable cause under a standard of objective reasonableness. The officers are not required to possess either the gift of prophecy or the infallible wisdom that comes only with hindsight. They must be judged by their reaction to circumstances as they reasonably appeared to trained law enforcement officers to exist when the decision to enter was made.

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.


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.