While domestic violence is never ok, it does happen. What you need to understand is that in Loudoun County, VA, it is aggressively prosecuted. Domestic violence is a serious issue and you need to understand that just because this is your first time charged, doesn’t mean you are going to get a free pass. Pursuant to 18.2-57.2, a first time act of domestic violence is a class 1 misdemeanor and carries a maximum sentence of 1 year in jail and a $2500 fine and 1 year of probation.
If either you or your spouse is accused of this crime, understand that it can have a severe impact on your life, your job, your social standing, your security clearance if you have one or your immigration status if you are not a US citizen. Domestic violence is an issue which affects all communities. If you are facing a domestic violence charge in Loudoun County, VA, you need the help of a seasoned Loudoun Domestic Violence Lawyer.
Domestic violence is not an easy situation. The amount of havoc the charge creates in a household can be devastating. Imagine a situation where life is going pretty well for you and suddenly one bad day or night, you are suddenly arrested and are facing the prospect of an emergency protective order, dissolution of your marriage, loss of your job, loss of your kids, etc. However, there is hope. Hiring an experienced domestic violence lawyer in Loudoun County, VA can bring you great relief and possibly help you avoid a conviction.
Domestic violence comes in various forms and isn’t restricted to acts of physical assault against your spouse. Pursuant to Virginia Code 18.2-57.2, you can be charged with domestic abuse against the following family members:
“Family or household member” means:
(i) the person’s spouse, whether or not he or she resides in the same home with the person,
(ii) the person’s former spouse, whether or not he or she resides in the same home with the person,
(iii) the person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person,
(iv) the person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person,
(v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or
(vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person.
While most people think that domestic assault takes place only against women, this is not true. Quite often, men too are victims of domestic assault. However, prosecutors in Loudoun County don’t care if the victim is a man or a woman. If you have been charged with domestic assault in Loudoun, VA, you can rest assured you will be prosecuted to the full extent of the law. This is why it is so important to hire a Loudon County Domestic Assault Lawyer who has substantial experience defending clients in Loudoun County, VA.
You need to understand that if Loudoun County Sheriff’s Officers or Leesburg Police Officers respond to a home for a report of domestic abuse and they find even a little bit of evidence of injury, the accused is going to be charged with domestic assault. In a nutshell, that means someone is going to jail that night and an emergency protective order (EPO) is going to be issued. An EPO means you cannot go home for 3 days and in the event, your spouse or family member files for an extension, you cannot go home for a minimum of two weeks.
Laws have been implemented into the justice system over years in hopes people will stop engaging in domestic violence. That is why this is one of the crimes in Loudoun, that is so aggressively prosecuted. Because of how aggressively domestic assault is prosecuted in Loudoun, VA, some Loudoun County domestic violence lawyers quickly plead their clients to a first offender domestic violence program pursuant to 18.2-57.3. Unfortunately, most clients don’t realize the disservice these Virginia criminal lawyers are doing to them. Attorneys tell clients that they are getting them a great deal by getting the domestic assault charge dismissed pursuant to 18.2-57.3 on a first offense charged of domestic violence. The reality is that a client can go in without a lawyer and get the same outcome in most cases. The problem that arises for most clients in Loudoun County is that their security clearance or their immigration status is jeopardized as a result of pleading guilty pursuant to 18.2-57.3 of the VA Code.
So you may be asking why my security clearance or immigration status is being jeopardized by getting my domestic assault charge in Loudoun County dismissed pursuant to 18.2-57.3. Simply put, because you are in fact pleading guilty to a charge of domestic assault, even though you are getting a deferred finding. This means, if your employer does a background check, this is going to show up as dismissed pursuant to 18.2-57.3. So if you meet with Loudoun County domestic assault lawyer and they tell you that they can get your charge dismissed because it is a first offense charge, be VERY CAREFUL. Also, remember if you get your charge of domestic violence pursuant to 18.2-57.2 dismissed pursuant to 18.2-57.3, YOU CAN NEVER GET IT EXPUNGENED. This means you can never have this charge wiped from your record.
This is why it is so very important to hire a Loudoun County domestic violence lawyer who is really going to fight for you. An experienced domestic assault lawyer in Loudoun County is going to know techniques to get the charge truly dismissed so the charge of domestic violence pursuant to 18.2-57.2 does not haunt you for the rest of your life.
Also, keep in mind that if your immigration status is on the line as a result of a domestic violence charge or your security clearance is in jeopardy, the cost of a Loudoun County domestic violence lawyer is minuscule compared to the cost of your immigration status or security clearance.
The cost of an experienced and skilled lawyer who defends clients charged with spousal abuse or domestic violence against a family member is not going to be cheap. Anticipate that your cost is going to be between $3500 and $5000 at a minimum.
On the flip side, consider the cost of losing your ability to work in the US, a divorce, loss of custody of your children, etc.
Abuse isn’t restricted to a group of individuals. However, based on the demographics of Loudoun County, the people most damaged by a charge of domestic violence are people with security clearances and individuals whose immigration status may be affected. For that reason, it is critical that you hire an domestic assault attorney who is highly experienced and has the skill sets necessary to successfully negotiate a resolution with the Loudoun County Commonwealth Attorney’s Office.
The Law Offices Of SRIS, P.C. has a number of skilled Loudoun domestic violence lawyers to help you. If you have been charged with any kind of domestic abuse, contact our law firm at 888-437-7747 to defend you.