Assault & Battery / Domestic Violence Defense FAQs

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 In Virginia, assault involves an act intended to cause fear of imminent harm, while battery is the actual physical contact or touching done in a harmful or offensive manner. You may be charged even if no serious injury occurred.

 Domestic violence typically involves assault and battery against a family or household member, including:

• Spouses or former spouses 
• Parents and children
• Individuals who live together or previously lived together 
• Individuals with a child in common
• Dating or intimate partners

 Most assault and battery charges are Class 1 misdemeanors, punishable by up to 12 months in jail and fines up to $2,500. However, assault against certain protected individuals or repeat offenses may be charged as felonies.

 Penalties may include:

• Jail time
• Fines
• Mandatory counseling or anger management
• Protective orders
• Firearm possession restrictions
• Permanent criminal record

 A protective order can restrict contact with the alleged victim, require you to leave your residence, and limit firearm possession. Violating a protective order is a separate criminal offense.

 The alleged victim cannot drop charges once they are filed. Only the Commonwealth’s Attorney can dismiss charges, although lack of cooperation from a witness may affect the prosecution’s case.

 Common defense strategies include:

• Self-defense or defense of others
• False allegations or lack of credibility
• Lack of intent
• Insufficient or inconsistent evidence
• Constitutional violations during arrest or investigation

 Yes. A domestic violence conviction can result in loss of firearm rights under both Virginia and federal law, including lifetime firearm prohibitions in some cases.

 Yes. Convictions may impact employment, professional licenses, security clearances, housing, and child custody matters.

 Yes. These cases often involve emotional allegations, protective orders, and severe collateral consequences. Legal representation is critical to protect your rights and future.

 You can still be charged with assault and battery even without visible injuries. Virginia law does not require physical harm for a conviction.

 Immediately. Early involvement allows your attorney to preserve evidence, challenge protective orders, and build a strong defense strategy.