The NLM reports that one in four women and one in seven men will experience intimate partner violence at some point in their lives. Unfortunately, this is a reality in Virginia. If you or your loved one is facing charges, knowing the domestic assault jail time in Virginia is crucial.

It’s part of protecting your freedom and your future. Got a domestic assault charge? Below is a guide that explores everything you need to know about domestic assault laws in VA.

What Is Domestic Assault in Virginia?

Domestic assault in VA involves any act of violence, force, or threat against a family or household member that leads to injury or a reasonable fear of injury. Family or household members include:

Spouses and ex-spouses, regardless of residence
Parents, step-parents, children, and step-children, regardless of residence
Siblings, grandparents, and grandchildren, regardless of residence
In-laws living in the same home
People who have a child in common, regardless of residence
Cohabitants
Anyone you’ve lived with in the past year, plus their children

Virginia takes domestic violence seriously. Even minor acts like shoving or verbal threats may lead to charges. Since Virginia prosecutors aggressively pursue these cases, facing a conviction can be life-altering.

Domestic Assault Jail Time in Virginia

Under Code § 18.2-57.2, the law about domestic assault in VA is clear, and the penalties can be harsh. If you’re facing charges, understanding the jail time for domestic violence is vital. Here’s what you can expect:

First and Second Offenses: Misdemeanor Charges

If you’re charged with domestic assault for the first or second time, it’s a Class 1 misdemeanor. The possible penalties include:

Up to 12 months in jail
A fine of up to $2,500
Sometimes, both jail time and a fine

These Virginia domestic violence penalties can affect your life. The court may also issue a protective order, which can force you to move out of your home or stay away from your family.

Third or More Offenses: Felony Charges

If you have two prior convictions for domestic assault or similar crimes within the last 20 years, it becomes a Class 6 felony. A felony is more serious, and possible punishments include:

Up to five years in prison
A fine of up to $2,500
Or both jail time and a fine

Felony convictions have long-term negative effects. They can make it hard for you to get work, keep custody of your children, or sometimes vote.

Other Consequences of Domestic Assault

Domestic assault jail time is only part of the concern if you get domestic assault charges. A conviction can also lead to:

Loss of gun rights
Limits on child custody or visitation
Problems with employment
Mandatory treatment programs such as anger management classes
Loss of security clearance for military or government workers

The police handle VA domestic assault charges, not the victim. A victim cannot drop these charges, as the Commonwealth of Virginia makes that decision. The prosecutor is the one who decides whether to proceed with the case.

What Happens After an Arrest for Domestic Violence?

According to the Virginia Office of the Attorney General, there were about 72,831 calls to the Statewide Hotline for Domestic and Sexual Violence in 2023. If you are arrested under domestic assault laws in VA, the process can be stressful.

Here’s what you can expect:

Immediate Arrest

Police in Virginia must make an arrest if they believe domestic assault happened, even if the alleged victim doesn’t want to press charges. Once arrested, you will be taken into custody.

Emergency Protective Order

After a VA domestic assault arrest, an emergency protective order is often issued right away. This order lasts for at least 72 hours. During this time, you cannot contact the alleged victim or return home.

Violating this order can lead to more charges and more jail time. The court may extend the order if there is an ongoing risk.

Court Appearance

Your first court appearance happens soon after your arrest. A judge will review your case, set or review bail, and schedule your next court date. Ensure you follow all court orders and attend every hearing.

Missing a court date can lead to a warrant for your arrest and more legal trouble. Having a strong Virginia legal defense is vital during a court appearance. A qualified attorney can help protect your rights and guide you through the process.

Can You Avoid Jail Time for Domestic Violence in Virginia?

Sometimes, you can avoid jail time for domestic assault. If you are a first-time offender, Virginia law allows for deferred disposition:

The court may place you on probation instead of sending you to jail
You may have to complete anger management classes, counseling, or other rehabilitation programs
If you meet all these conditions, your charge may be dismissed

However, do not rely on a free pass. Judges have wide discretion. Any violation of your probation terms can get you back in court and maybe behind bars.

How to Defend Against Domestic Assault Charges in Virginia

Getting a VA domestic assault is not a conviction. With qualified lawyers on your side, you can successfully fight or reduce your charges. Here are some common Virginia legal defenses:

Procedural mistakes: Finding errors in police reports or court procedures
Self-defense: Arguing you acted to protect yourself from the other party’s violence
False accusations: Proving the alleged victim’s claims of domestic assault are untrue
Consent or mutual combat: Showing both parties were equally involved in the violence
Lack of evidence: Challenging the prosecution’s case, questioning, and undermining the credibility of evidence

A professional attorney can help you build a strategy tailored to your case, increasing your chances of getting a favorable outcome.

Partner With Expert Domestic Assault Attorneys

Facing domestic assault jail time in Virginia is very stressful. However, you don’t have to deal with it alone. The right Virginia legal defense team can protect your rights, your reputation, and your future.

Ready to protect your future? Look no further than Kearney, Freeman, Fogarty & Joshi, PLLC. Our trusted attorneys provide strong legal defense tailored to your case. We handle the complexities of domestic assault laws in VA and fight to reduce your penalties.

Understanding Domestic Assault Jail Time in Virginia