Fairfax, VA Domestic Violence Lawyers

Qualified Attorneys Defending Against Allegations of Domestic Violence in Fairfax, Virginia

Allegations of domestic violence can pose a real threat to you, potentially ruining your reputation while also carrying the potential for incarceration and a permanent criminal record. If you have been accused of a violent crime within your household, the need for legal intervention is urgent. With the help of a Fairfax, VA domestic violence defense lawyer, you can dispute these allegations in court to protect yourself from harsh consequences.

At Salvado Law Offices, our criminal defense lawyers have decades of shared experience, giving us clear insights into how to defend against misdemeanor and felony charges. We will advise you of how to respond to a criminal charge involving domestic violence, keeping you informed throughout the legal proceedings.

How Is Domestic Violence Prosecuted in Virginia?

Under Virginia law, assault is the intentional act that causes another person to fear imminent harm, while battery is the unlawful physical contact that follows such an act. Many domestic violence cases hinge on allegations of assault and battery between household or family members. In these circumstances, a simple assault and battery charge is treated as a misdemeanor, carrying up to twelve months in jail and a substantial fine.

Assault and battery against a family member carries the same Class 1 misdemeanor penalties as a regular assault charge. However, if you have been convicted of two prior offenses of this charge, you could face Class 6 felony charges, carrying one to five years in prison.

Navigating Protective Orders After Domestic Violence Accusations

A protective order serves as a civil mechanism to restrict contact, residence, and communication even before any criminal conviction. If you are served with a protective order for family violence, it is crucial to review its terms carefully and comply fully. Violating such an order can result in criminal contempt charges. In many cases, it is best to avoid contact with the accuser whenever possible and turn to your attorney for guidance.

You should attend the hearing prepared to present any evidence—such as phone records, photographs of injuries, or other correspondence—that challenges the accuracy of the allegations. Early consultation with a defense attorney can help you understand how to request modifications or dismissals should circumstances change. While the order remains in effect, arranging alternative living or visitation plans can prevent inadvertent violations and demonstrate good faith to the court.

Defending Against Allegations of Assault and Battery of a Family Member

Successful defenses often focus on highlighting gaps in the prosecution's case and asserting legal rights:

• Showing that there is no reliable medical documentation, witness testimony, or physical proof linking you to the alleged harm
• Demonstrating that any contact was accidental or occurred during a legitimate action—such as intervening to prevent a fall or separating individuals in a conflict
• Offering evidence of motive or bias—such as disputes over divorce or parenting—that may have influenced the accuser's claims
• Providing proof that you used reasonable force to protect yourself or another person from imminent harm
• Challenging whether law enforcement had valid grounds for arrest or followed required protocols for warrantless domestic violence arrests

Timing and thorough investigation are essential to challenge a charge involving domestic violence. A defense attorney can file motions to suppress improperly obtained evidence, negotiate for optimal outcomes, or seek dismissal when the prosecution's case is weak. Our firm can discuss your defense strategy with you in private, considering all viable avenues to protect your freedoms.

At Salvado Law Offices, we provide strong defense against domestic violence charges, working to protect your future.