In Virginia, assault and battery charges where the victim is a family or household member are handled in the Juvenile and Domestic Relations District Court.
“Family or household member” is defined as, (i) the person’s spouse, whether or not he or she resides in the same home with the person, (ii) the person’s former spouse, whether or not he or she resides in the same home with the person, (iii) the person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person, (iv) the person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person.
Typically, assault and battery against a family or household member is charged as a Class 1 misdemeanor. Virginia has a specific statue that governs these charges (VA Code 18.2-57.2).
However, the following statute (VA Code 18.2-57.3) describes a first offender option when it is the Defendant’s first time facing such a charge.
The first offender option requires that the Defendant complete a class through local community based probation services, usually a domestic violence or anger management class. They must also keep the peace and be of good behavior for a period of two years. The charge is taken under advisement during these two years. If the Defendant completes all requirements of the program and pays all fees and court costs by the return date, the charge can be dismissed.
The attorneys of Winslow and McCurry are very familiar with these type of charges and would be happy to discuss them with you.
If you have questions about an assault and battery charge against a family or household member in Richmond, Henrico, Chesterfield, Powhatan, Hanover or the surrounding counties, please contact the attorneys of Winslow & McCurry, PLLC at (804)423-1382 or email us at info@wmmlegal.com.
