ASSAULT AND BATTERY AGAINST A FAMILY OR HOUSEHOLD MEMBER LAW IN FAIRFAX COUNTY, VIRGINIA
Under Virginia Law, Domestic Violence cases are handled under the states “Assault and Battery Against a Family or Household Member” law. The law is found in the code under section 18.2-57.2. Under that section it is illegal to unlawfully touch a family member in a rude or threatening manner. This can include punches, slaps, pushes, really any contact that is designed to hurt another person or that is otherwise unwanted. The law further defines a family or household member very broadly. Any person who is blood relative is a family member. More commonly boyfriend and girlfriends are considered household members if they have resided together in the same house for at least one night in the previous year. So if you have a significant other who regularly stays over or who has done so at least once, they probably qualify under the law. However, say platonic roommates would not qualify.
Assault and Battery against a Family or Household Member are some of the most frequently charged crimes in Fairfax County and across the state. This is because the police have a very strict policy of making arrests on any call for alleged domestic violence. The logic behind the policy is simple. It is safer to just arrest somebody in a heated situation, than risk leaving them there and having it escalate to something more drastic. The unfortunate consequence of this policy is that a lot of innocent people end up getting arrested. The vast majority of these cases are resolved very favorably, but it is important to get a lawyer.
One of the main reasons is because the alleged assaulter may be offered what appears to be a sweetheart deal when they get to court. Under a 57.3 disposition the case is continued for some period of time, usually 2 years and then dismissed if the defendant complete probation and anger management classes. For many people that appears to be a favorable solution. Nobody goes to jail, nobody has to testify and the matter may seem resolved. The issues will likely come down the road and may not be known to someone who didn’t consult with a lawyer in advance.
For example, if there is another incident you will likely be convicted without having a trial. The program is a favorable resolution, but to get into it you will have to admit to the judge that you did commit some act of domestic violence. You will then likely waive your right to fight the matter down the road. Additionally, the matter will not be able to be removed from your records. You will always have a notation on your record that you were arrested for domestic violence. The record will also indicate that the matter was dismissed, but it will still appear that you were arrested. Finally, there may be unforeseen immigration consequences if you are not a citizen.
For all of these reasons, an absolute dismissal is a much better solution than doing the program. There are circumstances where the program is the best option, but you won’t know that unless you consider all possible resolutions of your case.
