Domestic-related cases move fast and can affect housing, work, security clearances, and family dynamics. They can also affect your gun rights and your freedom. A clear plan helps.
A step-by-step guide from Cardon Law. This is general information, not legal advice. If you’ve been charged, speak with a local attorney about your specific facts.
1) What Was Charged?
- Assault & Battery of a Family/Household Member (A&B-Family): Virginia’s domestic battery statute is Va. Code § 18.2-57.2 (1st and 2nd offenses are usually Class 1 misdemeanors; 3rd offense within 20 years can be a Class 6 felony). Cases involving family members begin in Juvenile & Domestic Relations (J&DR) Court. Virginia Law
- Who counts as “family or household member”? Defined broadly in § 16.1-228 (spouses/former spouses, parents, in-laws living in the home, cohabitants within last 12 months, co-parents, and more). Virginia Law
2) Protective Orders (POs): What They Do & How They Work
Virginia uses three common stages of family-abuse protective orders in J&DR Court:
- Emergency PO (EPO) — short-term (3 days), ex parte (filed by the victim without getting the defendant’s side of the story), often after an arrest. § 16.1-253.4. Virginia Law
- Preliminary PO (PPO) — typically up to 15 days until a full hearing. § 16.1-253.1. Virginia Law
- Final PO — after a hearing; can last up to 2 years; can include no contact, residence, temporary custody/visitation, and more. § 16.1-279.1. Virginia Law
Virginia also has “act of violence/force/threat” protective orders (not limited to family), issued in General District Court: EPO § 19.2-152.8, PPO § 19.2-152.9, Final § 19.2-152.10. Virginia Law+2Virginia Law+2
Violations:
- Family-abuse order violations are charged under § 16.1-253.2 (enhanced penalties for repeat offenses). Virginia Law
- Act-of-violence order violations are charged under § 18.2-60.4 (Class 1 misdemeanor; some conduct or repeat offenses elevate to Class 6 felony). Never contact the other party if any PO is in place—even if they reach out first. Virginia Law
3) Firearms Rules Tied to Protective Orders & Convictions
- Virginia law: While under many Virginia protective orders, it’s illegal to purchase or transport a firearm (§ 18.2-308.1:4). Courts also address concealed-carry permits during orders. Virginia Law
- Federal law: Some qualifying protective orders and many domestic-violence misdemeanor convictions trigger a federal ban on firearm possession—18 U.S.C. § 922(g)(8) & (9). Recent guidance confirms § 922(g)(8) is constitutional. Talk to counsel before any firearm transfer/possession. ATF+2Department of Justice+2
4) The Criminal Case: What to Expect
- Arrest & Arraignment: Domestic A&B can involve warrantless arrest procedures specific to family-offense cases (§ 19.2-81.3). Arraignment may impose no-contact conditions, alcohol/weapon conditions, or other terms. Virginia Law
- Discovery & Case Review: We analyze body-cam/dash-cam, 911 audio, texts, medical records, prior reports, photos, and any PO paperwork.
- Defenses we explore:
- Self-defense/defense of others
- Inconsistent statements or motives to fabricate/retaliate
- Lack of injury/corroboration
- Constitutional issues (stop/search/seizure; statements)
- Possible Outcomes: dismissal, reduction, diversion/deferral (§ 18.2-57.3), or trial—driven by the facts, video, witnesses, and your goals. Virginia Law
5) Protective-Order A B C’s (Durations, Terms, Enforcement)
- Durations (typical): EPO ~ up to 72 hours/next court; PPO ~ up to 15 days; Final PO ~ up to 2 years (renewable). Terms can address no contact, exclusive use of residence, temporary child arrangements, firearms limits, and more. Virginia Law+2Virginia Law+2
- Enforcement & violations: See § 16.1-253.2 (family-abuse POs) and § 18.2-60.4 (act-of-violence POs) for penalties, including mandatory minimums on repeat violations. Virginia Law+1
6) Appeals: Missed or Unfair Result?
- 10-day window (de novo): Final J&DR orders—including protective orders and criminal convictions—can usually be appealed to Circuit Court within 10 days; the case is heard de novo (new trial). § 16.1-296. Don’t miss this deadline. Virginia Law
7) Collateral Issues (Plan Ahead)
- Employment & clearances: Even pending charges/POs can complicate licensing and clearance renewals.
- Family court overlap: In divorce/separation cases, courts can enter temporary (pendente lite) orders affecting the home and contact (§ 20-103). Coordinate strategy across criminal/family matters. Virginia Law
- Immigration: Domestic-related dispositions can have serious consequences. Consult qualified immigration counsel before any plea.
Charged in Virginia Beach? Cardon Law can protect your rights, navigate protective orders, and build a defense strategy grounded in evidence.
Free consultation: (757) 306-9060 | 24/7 direct to David A. Cardon: (757) 620-3283
FAQ
Can the “victim” drop charges?
Not exactly. Prosecutors decide whether to proceed, though the complaining witness’s input matters. PO cases can also proceed independently.
Should I contact the other party to “smooth things over”?
No. If any protective order or no-contact condition exists, do not reach out—direct, indirect, or via social media. Violations are new crimes with escalating penalties (see § 16.1-253.2 and § 18.2-60.4). Virginia Law+1
Will this be on my record forever?
Outcomes vary. Some first-offense cases may be eligible for § 18.2-57.3 deferral; dismissals/nolle prosequi may create expungement options. We’ll assess your best path based on the facts and your goals. Virginia Law
Can I keep my guns?
During many protective orders, Virginia law bars purchasing/transporting firearms (§ 18.2-308.1:4). Federal law may bar possession under certain orders and after DV-related misdemeanors (18 U.S.C. § 922(g)(8) & (9)). Get individualized legal advice before you do anything with firearms. Virginia Law+1
