Local statistics dating violence roanoke va
Family and household members include spouses, former spouses, parents, children, grandparents, grandchildren, siblings, in-laws who live in the same house, people who have children together, and people who live together or have lived together in the past year. This is an exception to the usual rule that officers must obtain an arrest warrant first. In Virginia, any family or household member who is or has been the victim of domestic violence may file a petition for a preliminary protective order.The court may issue an “ex parte” order (one made without notice to the defendant and without the defendant first appearing in court) if there is an immediate danger of family abuse or if family abuse has occurred recently. § 16.1-253.4.) Violating most provisions of a protective order is a crime.If the court finds family abuse, it may issue a preliminary protective order: The preliminary order goes into effect when the defendant is served and remains in effect until a hearing is held. § 16.1-253.1.) Following a hearing, the court can issue a final protective order. § 16.1-279.1.) Additionally, any Virginia judge can issue an emergency protective order if the judge finds that there is a danger of further acts of family abuse, and: The emergency protective order is in effect for onlythree days, or until the next court day after the third day. Violating a preliminary or final protective order is also contempt of court. §§ 16.1-253.1, 16.1-279.1.) Assault and battery against a family member is also a Class 1 misdemeanor, punishable by up to one year in jail and a fine of up to ,500.
A third or subsequent conviction for violating a protective order involving violence is punishable as a Class 6 felony, and the defendant must serve at least six months in jail. §§ 16.1-253.2, 18.2-10, 18.2-11, 18.2-57.2, 18.2-57.3, 18.2-60.4.) A protective order or a conviction for assault on a family or household member can have serious consequences.
A conviction for assault and battery causing serious injury against a person who is under a protective order or entering the home of a person under a protective order is also punishable as a Class 6 felony. If you are charged with domestic violence or served with a protective order, you should contact a criminal defense attorney in Virginia immediately.