Assault and Battery on a Family Member in Virginia
In Virginia, a simple charge of assault and battery becomes a different kind of case if the alleged victim is a family member of the accused. One of the most common scenarios unfortunately is when there is a case of domestic violence between spouses and either spouse is accused of assaulting or battering the other. That’s a difficult situation of assault and battery on a family member in Virginia.
This kind of case is different from a typical assault and battery in Virginia, mainly because the victim but also because it is heard in a different court. A normal adult misdemeanor in Virginia would be heard in the General District Court. However, a case of assault and battery on a family member is heard in the Juvenile and Domestic Relations Court.
For an assault and battery on a family member there’s a great option for disposition that may be available depending on the case. If you’re accused of assaulting and battering a family member, you need to call me today for a free case strategy session to see if this options available for you.
If this is your first offense and you have a good record otherwise you may be eligible for a first offender disposition of your assault and battery charge if the victim is a family member. Typically a first offender for assault and battery on a family member involves several different things:
1. The case is typically continued for two years and you are given a date two years from the current court date.
2. You are told to be on good behavior for those two years. That means you can’t have any new offenses of any kind during the two year period.
3. A lot of times something like anger management is ordered.
4. You usually have to pay court costs which typically is about $80.
5. If you do all of the above then the case could be dismissed at the two year mark.
As you can see, this is a great option because it does help to address the situation and it does have the courts keep some control over the defendant. If there is a future problem that could be addressed and the deal pretty much off the table. However, if the assault and battery was a one time thing where it was more of a minor case rather than serious domestic violence, the person takes good initiative, takes care of the matter, goes to anger management and has no problem, then it’s a great way to try to keep your record clean.
But this may not be available for every assault and battery case even if the victim is a family member. This is why you need to call me today so we could talk about the specifics of your case.
