- Phone: (571) 554-5977
- Call Us 24/7
If you have been charged with domestic assault and battery in Alexandria, your case will be heard in the Alexandria Juvenile and Domestic Relations District Court, and an emergency protective order may already be keeping you out of your home. The Law Office of Kimberly Stover, PLLC defends people charged with domestic assault, domestic violence and protective-order violations throughout the City of Alexandria, including Old Town, Del Ray, Rosemont, Arlandria, Seminary Hill, Beverley Hills, Cameron Station, Potomac Yard and the West End.
Our Alexandria office at 211 North Union Street is a short walk from the courthouse. Call (571) 554-5977. Calls are answered 24 hours a day. Or request a free consultation.
Assault and battery against a family or household member is a Class 1 misdemeanor for a first offense (Va. Code § 18.2-57.2). The maximum penalty for a Class 1 misdemeanor is up to 12 months in jail and a fine of up to $2,500, or both (Va. Code § 18.2-11(a)).
A third offense can become a felony. That happens when a person has two prior qualifying family-violence convictions, each on a different date, all within 20 years (Va. Code § 18.2-57.2(B)).
It's broader than most people expect (Va. Code § 16.1-228). It includes:
Many people charged for the first time may be eligible for a deferred disposition. The court defers the case without a finding of guilt and places the person on probation (Va. Code § 18.2-57.3). Typical conditions include treatment or education programs based on an assessment, and at least two years of good behavior (Va. Code § 18.2-57.3). If the person completes the program, the court dismisses the charge.
What people often don't know:
Eligibility has requirements, including no prior qualifying convictions and the defendant's consent (Va. Code § 18.2-57.3(A)). Whether it's the right choice depends on your facts and your goals. More on Virginia's diversion program.
Yes. A conviction can take away your right to have a firearm under both Virginia and federal law.
If you own firearms or need them for work, tell us at your first consultation.
Violating a family-abuse protective order is its own Class 1 misdemeanor, on top of any other charge, with tougher penalties for repeat or violent violations (Va. Code § 16.1-253.2). The order stays in effect until the court changes or ends it, and the person it restrains can ask the court for a hearing to do that (Va. Code § 16.1-253.4). Don't assume contact is allowed just because the other person reaches out. Talk to a lawyer first.
Domestic assault cases often come with other charges: threats, stalking, abduction, or violating a protective order. Each has its own elements and penalties, and some are felonies. We review every charge on the warrant, not just the assault.
A first or second offense of assault and battery against a family or household member is a Class 1 misdemeanor. A third offense within 20 years can be charged as a felony (Va. Code §§ 18.2-57.2, 18.2-11(a)).
A first or second offense of assault and battery against a family or household member is a Class 1 misdemeanor. A third offense within 20 years can be charged as a felony (Va. Code §§ 18.2-57.2, 18.2-11(a)).
Up to 12 months in jail for a first or second offense (Va. Code §§ 18.2-57.2, 18.2-11(a)).
A fine of up to $2,500, with or without jail time (Va. Code § 18.2-11(a)).
A protective order can follow, and violating one is its own crime (Va. Code § 16.1-253.2).
Virginia and federal firearm bans can follow a conviction (Va. Code § 18.2-308.1:8).
A conviction appears in background checks and can affect jobs, clearances and licenses.
After a domestic assault arrest in Alexandria, four things happen quickly: the arrest, a bail decision by a magistrate, an emergency protective order, and a first court date in the Juvenile and Domestic Relations District Court. See also what to do in the first 24 hours after an arrest in Alexandria.
Police can arrest without a warrant, even if they didn't see the incident, when they have probable cause (Va. Code § 19.2-81.3(A)). When an officer has probable cause, the law directs the officer to arrest the person believed to be the "predominant physical aggressor," unless there are special circumstances (Va. Code § 19.2-81.3).
You will be brought before a magistrate without unnecessary delay. In Alexandria, people arrested are typically processed at the Alexandria Adult Detention Center, 2003 Mill Road. The magistrate holds a bail hearing and decides whether to release you and on what conditions (Va. Code § 19.2-80). A bail decision can be appealed to the court where the case is pending (Va. Code § 19.2-124). Our bail and bond guide.
After an arrest, the officer must ask for an emergency protective order (Va. Code § 19.2-81.3). The order can keep you away from your home and from the other person. It expires at 11:59 p.m. on the third day after it's issued, or on the next day court is in session (Va. Code § 16.1-253.4(C)). A longer order can follow. More on emergency protective orders.
These cases start in the Alexandria Juvenile and Domestic Relations District Court, not General District Court (Va. Code § 16.1-241). A conviction there can be appealed to the Alexandria Circuit Court within 10 days for a new trial, and you can ask for a jury (Va. Code §§ 16.1-296(A), 16.1-136).
Domestic assault and battery cases in Alexandria are heard in the Alexandria Juvenile and Domestic Relations District Court, 520 King Street, 1st floor, Alexandria, VA 22314, in the Franklin P. Backus Courthouse in Old Town. Protective-order petitions connected to the case are heard in the same court.
The City of Alexandria is its own judicial circuit, the 18th (Va. Code § 17.1-506). A conviction in the Juvenile and Domestic Relations District Court can be appealed within 10 days to the Alexandria Circuit Court for a new trial (Va. Code § 16.1-296(A)).
Kimberly Stover regularly appears before the Juvenile & Domestic Relations District Court in Alexandria, and is familiar with the judges, clerks, and the Commonwealth’s Attorney’s office who handle these cases.
Choosing the right attorney can determine the outcome of your case. Our Alexandria domestic violence legal team specializes in uncovering inconsistencies and building strong defenses for those wrongfully accused. Here are just a few reasons to trust The Law Office of Kimberly Stover, PLLC:
Choosing the right attorney can determine the outcome of your case. Our Alexandria domestic violence legal team specializes in uncovering inconsistencies and building strong defenses for those wrongfully accused. Here are just a few reasons to trust The Law Office of Kimberly Stover, PLLC:
Our attorneys have years of experience defending clients against domestic violence and assault charges in Alexandria, Virginia
We understand that every case is unique, and we tailor our approach to meet the specific needs of each client.
Our firm has a strong track record of securing favorable outcomes, including dismissed charges and reduced penalties
We are committed to supporting our clients emotionally and legally during this challenging time.
Our Alexandria battery attorneys will vigorously challenge the prosecution’s evidence and advocate for your rights in court.
Not necessarily. In Virginia, the decision to prosecute belongs to the Commonwealth’s Attorney, not the person who called the police. A case is dropped (a “nolle prosequi”) only on the prosecutor’s motion and with the court’s approval.
A reluctant witness doesn’t automatically end the case. Virginia courts have allowed prosecutors to rely on 911 calls made during an emergency and on body-camera video. But the Constitution also limits what evidence can come in without live testimony. Where a case stands depends on exactly what evidence exists. That’s why it matters to have the evidence reviewed early.
Read more: What happens if the alleged victim doesn’t show up to court
At the Alexandria Juvenile and Domestic Relations District Court, 520 King Street, 1st floor, Alexandria, VA 22314. Protective-order hearings connected to the case are held in the same court.
Typically to the Alexandria Adult Detention Center at 2003 Mill Road, where a magistrate decides whether to release you on bail (Va. Code § 19.2-80). The vast majority of cases are granted bond from the magistrate. If bail is denied or set on terms you can’t meet, we can ask a judge to review it (Va. Code § 19.2-124).
Not if a protective order says you must stay away. An emergency order lasts about three days (Va. Code § 16.1-253.4(C)), but a longer order can follow. We can help you understand the order and ask the court to change it.
Not if the order prohibits it. Violating an order is a separate crime (Va. Code § 16.1-253.2). Only the court can change the order (Va. Code § 16.1-253.4).
If it’s dismissed through the first-offender program, yes. That kind of dismissal can’t be expunged (Va. Code § 18.2-57.3).
It can be. A romantic, dating or sexual relationship within the past 12 months counts (Va. Code § 16.1-228).
We handle most cases for a flat fee, and payment plans are available. See Fees.
Call (571) 554-5977. Calls are answered 24/7.
This page is general information about Virginia law, not legal advice. Every case depends on its own facts.