Virginia Domestic Assault Attorney

Domestic violence can upend a marriage. The charge of domestic violence and battery can often fall under different labels, and these matters are often related to criminal allegations. Domestic violence can also have serious implications when it comes to marriage and family law issues. At Randall Page, P.C., our qualified and experienced attorneys are here to help you navigate domestic violence issues and divorce, child support and custody, and more. Let our Virginia domestic assault attorneys help you with your case today. Our attorneys in the Courtland, Suffolk, Emporia, and Lawrenceville areas are here for you.

Is domestic violence grounds for divorce in Virginia?

In Virginia, there are various reasons why a divorce may be granted on the grounds of the “fault” of one spouse. Under Virginia law, divorce from the bond of matrimony could be granted through a “no-fault” divorce or a “fault” divorce. One of the fault grounds of divorce is stated in Virginia Code § 20-91(6):

  • Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act;

Domestic violence is not defined specifically in the laws of Virginia, which gives law enforcement officials latitude and a “you know it when you see it” type of approach. However, the language of the divorce code above clearly indicates that violence within a marriage is reasonable grounds for a fault-based divorce.

Can domestic violence affect child custody in Virginia?

A history of physical or emotional abuse does often alter the outcome of child custody cases. This can also lead to a modification of a previous child custody order in Virginia. In families where there is a history of domestic violence, the abusive person may have significant limits placed on their physical custody, legal custody, or visitation rights with their child. In some instances, an abusive parent may lose their parental rights altogether.

Can you get a protective order?

It may certainly be possible for a victim of domestic assault in Virginia to receive a protective order. In Virginia, a protective order can help ensure that you and your family members are safe from a perpetrator of domestic violence. There are various types of protective orders that can be issued in Virginia, including emergency protective orders that could be obtained at any time of day. There could also be preliminary protective orders put in place to protect someone while awaiting a court date, as well as full protective orders the court may issue to protect the health and safety of the petitioner and their family.

Call us for a consultation of your case today

If you are dealing with domestic violence issues in your marriage, it may seem like there is no way out. That is not true, and the team at Randall Page, P.C. is going to help you get through this. Our qualified attorneys have extensive experience helping clients handle domestic violence as it relates to their marriage and child custody. If necessary, we will help you obtain or modify protective orders. When you need a Virginia domestic assault attorney in the Courtland, Suffolk, Emporia, and Lawrenceville areas, you can contact us for a free consultation of your case by clicking here or by calling 757-517-8956.

Virginia Domestic Assault Attorney Legal Team

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