Domestic Violence

Factors Under Review

When making custody decisions, Virginia courts prioritize the child's best interests. They consider numerous factors to ensure a safe and stable environment with the goal of fostering the child's well-being and development.

Commonly considered factors under Virginia law include:

• The age and physical and mental condition of the child.
• The age and physical and mental condition of each parent.
• The relationship existing between each parent and the child.
• The needs of the child.
• The role each parent has played and will play in the future in the upbringing and care of the child.
• The propensity of each parent to actively support the child's relationship with the other parent.
• Each parent's relative willingness and demonstrated ability to maintain a close and continuing relationship with the child.
• The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, age, and experience to express such a preference.
• Any history of family abuse.
• Any other factors the court deems necessary and proper to the determination.

Under Virginia law, any history of family abuse, defined by § 16.1-228 of the Code of Virginia, sexual abuse, child abuse, or acts of violence, force, or threats that have occurred in the past ten years may diminish a party’s chance of obtaining or retaining custody of their child.

How Instances of Domestic Violence Can Trigger a Modification of Custody

A parent of a child or child protective services can seek modification of a court order or initiate judicial proceedings in the event a child is subjected to or observes domestic violence in the home. Virginia law places a high priority on the safety and well-being of children, and any proven incidents of domestic violence, especially in the presence of a child, can prompt court intervention.

Parent-Requested Modifications

When a parent learns their child was a victim of or observed domestic violence, or if a parent is a victim themselves, they may file a petition to modify an existing custody or visitation order. They may also seek out an emergency protective order to protect their child, themselves, or both. To initiate this process, the parent must go to the courthouse and speak with a juvenile and domestic relations court clerk, and also document the incident, which may take the form of police reports, medical records, or witness statements. At a hearing, the court will then assess the credibility and severity of these claims to determine whether modifications to the custody arrangement are warranted.

CPS-Driven Cases

In cases where domestic violence is reported to Child Protective Services (CPS) or law enforcement, the state may remove the child from the home and pursue a modification of custody arrangements. In severe cases, this may result in the termination of parental rights for the offending parent.

In either scenario, the best interests of the child remain paramount. Consequently, any substantiated case of domestic violence can lead to significant changes in custody arrangements to ensure the child's safety and well-being.

Seeking Legal Assistance for Domestic Violence Cases

If you and your family are dealing with domestic violence, speaking with an experienced family law attorney can be highly beneficial. Attorneys at The Law Offices of Daniel J. Miller have a thorough knowledge of the Virginia Code and have helped countless families navigate similar situations. We are dedicated to providing the support and expert guidance you need during this challenging time.

We provide a wide range of domestic-violence-related legal services, including:

• Helping secure protective orders.
• Guidance in seeking child custody modifications.
• Representation during domestic violence hearings.
• Representation in interactions with CPS.
• Defense against false allegations of domestic violence.

Our team is committed to helping you preserve the safety and well-being of your family, and we are here to help when you need us. Do not hesitate to reach out for a consultation to discuss your case and explore your options.

The term “domestic violence” often conjures images of an abusive spouse terrorizing the home. This scenario certainly exists, but legally, the crime is much broader than that. Domestic violence can happen between any intimate partners, but this can mean people who just started dating or had only a one-night fling. Any two people who live together could be accused of domestic violence, even if they have no contact outside the house.

Furthermore, a domestic violence charge can happen between blood relatives, regardless of how close their relationship is.

A domestic abuse accusation can ruin your life, especially when it involves a family member. People who don’t know the full story will assume that you’re a spouse-beater, and the charge will come up on background checks.

If you’ve been accused of domestic violence, here are some defenses you can discuss with your attorney.

You and the Family Member Are Estranged

Imagine this scenario: Two sisters with bad blood agree to attend Thanksgiving dinner with the whole family. As the night wears on and the alcohol flows, a physical altercation breaks out among the siblings.

Technically, either sister could be accused of domestic violence, which simply isn’t fair. These sisters rarely speak to or see one another. They are essentially enemies who avoid each other.

You may be able to use this kind of estrangement as a defense in your case. This claim doesn’t necessarily deny that the violence occurred. It simply argues that a domestic violence charge is unreasonable. You and the alleged victim are mostly strangers, which is not the same as someone who beats their spouse or other live-in relatives.

You Engaged in Mutual Combat

Domestic violence, as a criminal charge, should be reserved for someone who abuses the people in their home. It should also apply to a dangerous ex who harasses and abuses their former lover.

Let’s return to the sisters we mentioned above. If one of them hit the other one by surprise, then the attacker should be held responsible for their assault. What if, however, both of them stood up, started taking off jewelry, and got into a fighting stance before the violence began? You can make a strong case that they both knew they were in a fight and consented to it. This is called “mutual combat,” and it can work as an effective defense.

You Acted in Self-Defense

In Virginia, you have the right to defend yourself against a physical attack. Your relationship with the attacker is irrelevant.

Justified self-defense requires the following:

• A genuine belief that you are in danger
• That danger is imminent
• Not fighting back could lead to serious bodily harm
• The defense is proportionate to the attack

You Made Accidental Contact

In a heated argument, you often point, wave your hands, and gesture wildly, and you’re probably not paying much attention to these actions. It’s easy to accidentally hit someone or knock them over. Out of anger, frustration, or plain revenge, they can turn around and accuse you of domestic violence.

Intent is a big part of any criminal accusation. If you didn’t mean to hurt someone, you can use this fact as a legitimate defense in your case.

You Didn’t Have Any Other Choice

Picture a situation where someone in the home is having an explosive mental health crisis. They are screaming, crying, and throwing things. You try to calm them down, but nothing works. Out of desperation and fear, you lash out and slap them.

It’s important to uncover all the facts in a criminal case. Human behavior doesn’t always fit into a nice legal box. Technically, lashing out at someone is against the law, but a good lawyer can help create understanding in your case. If there is any doubt about your intent, you could remain free of a guilty sentence.

Our firm can is here to help those who’ve been accused of domestic violence. For a free consultation, reach out to us online or call us at (757) 267-4949.

Domestic violence charges and protective orders can have a major impact on the lives of those involved, especially if they are in the middle of a family law matter, especially child custody. In family court, child-related decisions are always based on the best interests of a child and, if a parent is facing domestic violence charges or has a protective order against them, it could profoundly affect the outcome of the case.

How it Can Affect Your Family Law Case

Although Virginia law does not keep an abusive parent from visiting their child, a protective order or a history of domestic violence will likely impact visitation rights. If your ex is facing domestic violence charges, for example, a judge would place restrictions on their visitation rights. In more extreme cases, however, such as chronic domestic violence, an abusive parent’s rights may be permanently terminated. If you believe your co-parent is a danger to your children and should not have custody or visitation rights, you can use the domestic violence charges or a protective order to your advantage.

Domestic violence is not limited to physical abuse. It also includes sexual abuse, emotional abuse, and threats of harm against a family member.

Under Virginia law, a family member includes:

• A current or former spouse
• A roommate
• In-laws
• People who lived together within the past year
• People who share a child, even if they do not live together

Family courts take domestic violence very seriously, so if you are experiencing domestic violence in your household, it is crucial to act quickly to protect yourself and your family.

Call Our Law Office Today to Speak to an Experienced Family Lawyer About Your Case!

At The Law Offices of Daniel J Miller, our legal team is backed by more than two decades of experience. You can rely on our attorneys to help you achieve the results you need in your family law case to protect your family. You can rely on us to provide the personalized attention and compassionate advice you need to navigate the complexities of your case.

Reach out to our law office today at (757) 267-4949 to schedule a consultation with one of our attorneys to get started on your case and learn more about what we can do for you.