Domestic Violence Defense Lawyer Virginia Beach
Protecting your rights after domestic violence charges.
757-337-2500
How Can a Domestic Violence Defense Attorney in Virginia Beach Help You?
A domestic violence allegation can change your life in an instant. What begins as a family disagreement or heated argument can quickly lead to an arrest, protective orders, removal from your home, and criminal charges that affect your freedom, your family, and your future. A conviction can also impact child custody, employment, professional licensing, military service, security clearances, firearm rights, and your reputation.
Virginia prosecutors take domestic violence allegations seriously and may continue pursuing charges even if the alleged victim no longer wishes to proceed. Because these cases often involve both criminal and family law issues, taking the right steps immediately after an arrest is critical.
At Invictus Law, we take your case personally. Our team is made up of experienced attorneys who routinely appear in Virginia Beach Juvenile and Domestic Relations District Court and know how these cases are handled here. We listen to your case and then build a strategy around your specific situation, not a template. Our goal is to protect your rights at every step and work toward a favorable outcome for you.
Domestic Violence Cases We Handle
How Invictus Law Helps With a Domestic Violence Charge
In Virginia, what most people call “domestic violence” is prosecuted as assault and battery against a family or household member under Virginia Code § 18.2-57.2. A first or second offense is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. A third offense within a 20-year period — when a person has two prior qualifying convictions — is elevated to a Class 6 felony punishable by one to five years in prison.
Domestic defense is not passive for us. It is a disciplined process designed to identify weaknesses in the prosecution’s case, protect your rights, and position you for the strongest possible outcome.
Here’s what we offer:
Case Assessment
Goal Planning
Case Discovery & Investigation
Strategy Planning
After evaluating the strengths and weaknesses of the case, we develop a strategy tailored to your circumstances. Depending on the facts, this may involve challenging the evidence, raising self-defense, negotiating with the Commonwealth’s Attorney, exploring a first-offender resolution, or preparing for trial.
Execute the Strategy
We pursue the chosen strategy through negotiation, motions, hearings, and trial advocacy while keeping you informed at every step.
Resolution & The Way Forward
Whether through dismissal, reduction, a deferred first-offender disposition, negotiated resolution, or trial, we help clients understand the outcome. Moreover, we can help you comply with any court requirements and move forward with greater clarity and stability.
Factors That Can Complicate Domestic Violence Cases
Domestic violence cases often involve much more than the criminal charge itself. The circumstances surrounding the allegation can significantly influence how the case is investigated, prosecuted, and ultimately resolved. A seemingly minor dispute can quickly become more complex when additional legal, personal, or professional issues are involved.
For example, allegations made during a pending divorce or child custody dispute may affect both the criminal case and future decisions regarding custody or visitation. The existence of a protective order can limit where you live, who you may contact, and your ability to see your children while the case is pending. If alcohol or drugs were involved, prosecutors may argue that they contributed to the incident, even when the facts are disputed.
Why You Need a Domestic Violence Lawyer Right Now
A domestic violence charge in Virginia Beach follows you. It shows up on background checks and can block you from jobs, housing, and custody of your kids.
Virginia treats these charges harshly. These charges can lead to:
- Jail time: Even a first offense can result in prison time, depending on the severity of the situation.
- Restraining orders: A protective order could remove you from your home and restrict contact with your family members.
- Criminal record: A conviction can appear on background checks, making it harder to find a job, housing, or even to gain custody of your children.
- Firearm restrictions: A conviction can strip you of your right to own or carry firearms, a serious consequence under federal law.
- Impact on your professional career: If you’re in the military, law enforcement, or hold a position that requires a security clearance, a domestic violence charge can jeopardize your career.
And here’s what makes it worse. Many people think the case will just go away. It won’t. Virginia prosecutors can proceed even if the alleged victim withdraws the complaint. Once the process starts, you have little control unless you have a domestic violence lawyer.
That’s where Invictus Law steps in. Our team knows how these cases work in Virginia Beach courts. We review the facts fast, challenge weak evidence, and push back hard on charges that don’t hold up. We help you understand every option, so you’re never caught off guard.
If you’re also dealing with custody or divorce issues, a domestic violence charge can change everything in family court, too. Our goal is to ensure that you understand your rights and to help you explore all legal options available to you.
What to Expect When You Work With Invictus Law
Understanding the domestic violence legal process is crucial, especially when the stakes are high. At Invictus Law, we break down the process into clear, manageable steps, making sure you’re always informed and prepared.
From the moment you contact us, we guide you through every stage of the legal journey, ensuring that you know exactly what to expect.
Step 1: Free Consultation
Your first step is reaching out to Invictus Law for a free consultation. During this session, you’ll sit down with one of our experienced Virginia Beach domestic violence attorneys.
We take the time to understand your situation fully by listening to your side of the story, asking relevant questions, and providing straightforward legal advice. No judgment or pressure. You’ll leave the consultation with a clear understanding of your legal options.
Step 2: Case Review & Document Collection
Once you retain Invictus Law, we dive deep into your case. We gather all relevant documents, including police reports, witness statements, and any protective order paperwork.
This stage is vital because we want to identify any inconsistencies, errors, or procedural issues that might work in your favor. We also ensure that your rights were upheld during the arrest process, as this could impact the strength of your case.
Step 3: Strategy Planning
After reviewing the facts, we create a detailed strategy to address your specific needs. Every domestic violence case is unique.
For example, if you’re facing false accusations, we’ll focus on proving that there is no evidence to support the charges.
If the case involves protective orders or custody issues, we’ll devise a plan to address these matters while minimizing the damage to your family. We always tailor our approach to your goals, whether that’s reducing charges, reaching a plea deal, or preparing for trial.
Step 4: Court Defense
In Virginia, domestic violence cases are usually heard in the General District Court or Circuit Court. We will stand by your side at every court hearing, representing you before the judge.
With our experience and knowledge of Virginia courts, we’ll challenge weak evidence, discredit inaccurate testimony, and present a defense that gives you the best chance of success. Our role is to ensure that you are heard and your rights are protected.
Step 5: Resolution & Outcome
Each case progresses in its own way. Invictus Law works toward a favorable outcome, which may include a dismissal, reduced charges, a plea deal, or a trial verdict.
We are committed to exploring every possible option and ensuring that you fully understand what each outcome could mean for you. Whether your case ends in court or in a settlement, we’ll be there to guide you through every step of the process.
Why Choose Invictus Law for a Domestic Violence Case?
We regularly represent clients in the Virginia Beach Juvenile & Domestic Relations District Court, the Virginia Beach General District Court, and the Virginia Beach Circuit Court.
When applicable, we also provide defense in federal and military proceedings.
Former Prosecutor’s Insight Into How Cases Are Built
Our team has worked on the other side of these cases. We understand how domestic assault charges are investigated, charged, and presented — and we use that experience to identify weaknesses in the evidence and develop stronger defense strategies early in the process.
Focused Practice
Many firms handle a wide range of legal matters. We focus our practice on criminal defense and family law. That focused approach allows us to bring deeper experience and more refined systems to every case.
Respected Standing in the Legal Community
Invictus Law has earned recognition from organizations including the National Trial Lawyers, the Virginia Trial Lawyers Association, and the National College for DUI Defense, as well as strong peer and client recognition on Avvo. These affiliations reflect our commitment to disciplined, high-level defense representation throughout Virginia Beach and Hampton Roads.
Military, UCMJ, and Security Clearance Experience
Invictus Law was founded by Attorney Eric Leckie, a former US Marine Corps JAG officer, and our office sits near Oceana Naval Air Station in the heart of one of the nation’s largest military communities.
We understand how a domestic assault allegation can intersect with UCMJ proceedings, administrative separation, firearm eligibility, and security clearance concerns, and we build defense strategies that account for those overlapping risks from the very beginning.
A Family Law Perspective on Cases That Affect Your Children
Because our firm also handles family law and includes attorneys with Guardian ad Litem experience, we understand how a domestic charge and a protective order can affect custody and visitation. That perspective helps us protect not only your record, but your relationship with your family.
What Makes Invictus Law Different
A Unique Combination
Many firms handle criminal cases. What distinguishes Invictus Law is our combination of focused experience, military insight, local knowledge, and process-driven representation.
Former Prosecutors
Our attorneys include former prosecutors who understand how criminal cases are investigated, charged, and presented in court. That experience helps us identify weaknesses in the government’s case and develop effective defense strategies.
Local Experience Matters
Our team is deeply familiar with the courts, judges, prosecutors, and legal procedures throughout Virginia Beach and Hampton Roads. Local experience matters. Understanding how cases are handled in local courts helps us provide realistic expectations and effective representation.
Military and Security Clearance Experience
We also possess substantial experience representing military personnel, government employees, and security clearance holders throughout Hampton Roads. Few criminal defense firms understand the overlap between criminal charges, military consequences, federal employment concerns, and security clearance issues as thoroughly as Invictus Law.
Process-Driven Representation
Most importantly, we follow a proven process. Every criminal case begins with understanding the facts, identifying goals, evaluating options, developing a strategy, and maintaining clear communication throughout representation. We believe preparation reduces uncertainty, and informed clients make better decisions.
Our Attorneys
Each of our attorneys brings unique experience and perspective to the firm. Together, they collaborate on strategy, share ideas, and leverage one another’s strengths to help clients achieve the best possible outcome.
Rather than working in isolation, our attorneys regularly discuss complex legal issues, evaluate strategy, and draw upon one another’s courtroom experience. That means every client benefits from the collective knowledge of the firm—not just the experience of the attorney assigned to the case.
Eric Leckie
Founding Attorney. Marine Corps JAG. Former Prosecutor.
Founder of Invictus Law and a former United States Marine Corps Judge Advocate with over 23 years of trial experience in federal criminal defense, military law, and security clearance matters.
Shemeka Hankins
Former Prosecutor, Decorated Trial Attorney & Fearless Criminal Defense Lawyer
Partner. Former Prosecutor with the Virginia Beach and Norfolk Commonwealth Attorney's Office, recognized as a Super Lawyers Rising Star and Virginia State Bar Local Bar Leader of the Year.
Yolanda Beasley
Family Law and Trial Attorney. Certified Guardian ad Litem.
Virginia Beach native and certified Guardian ad Litem recognized as a Super Lawyers Rising Star (2023, 2024) and National Black Lawyers Top 40 Under 40.
Reviews & Results
Frequently Asked Questions
What should I do if I’ve been arrested for domestic assault in Virginia Beach?
Remain silent and request an attorney. Do not discuss the incident with police, the alleged victim, or anyone other than your lawyer, and do not violate any protective order that has been issued, even if you are invited to make contact. Early legal representation provides the best opportunity to protect your rights and begin building a defense.
Can the alleged victim drop domestic violence charges in Virginia?
Not directly. Once a charge is filed, the decision to proceed, reduce, or dismiss rests with the Commonwealth’s Attorney — not the alleged victim. A complaining witness who does not wish to move forward may still be subpoenaed to testify. Their wishes can be one factor a prosecutor considers, but they do not control the outcome.
Will a domestic violence conviction affect my military career or security clearance?
It can. Under the federal Lautenberg Amendment, even a misdemeanor domestic violence conviction results in a permanent firearm prohibition with no exception for military or law enforcement personnel.
What is a first-offender program for domestic assault in Virginia?
Virginia Code § 18.2-57.3 allows certain first-time defendants to have proceedings deferred. Eligibility depends on the specific circumstances, and a deferred disposition can still carry future consequences, so it is important to understand the full picture before deciding.
How long can a protective order last?
It depends on the stage of the case. An emergency protective order typically lasts up to 72 hours, a preliminary protective order bridges the period until a full hearing, and a protective order entered after that hearing can last up to two years. In some situations, it may be possible to ask the court to modify or vacate an order.
Legal Insights
