Assault & Battery on a Family Member Defense Attorney in Virginia Beach, VA
Protecting Your Freedom, Reputation, and Future After a Domestic Assault Charge
757-337-2500
Understanding Assault and Battery Against a Family Member Charges in Virginia Beach
An arrest for Assault and Battery Against a Family or Household Member is one of the most serious misdemeanor charges a person can face in Virginia. Even before your case reaches court, an allegation can affect your employment, military career, security clearance, firearm rights, child custody case, and personal relationships. Protective orders, mandatory no-contact conditions, and public accusations often create immediate disruption long before guilt has been determined.
At Invictus Law, we understand that domestic assault allegations are rarely as simple as they appear in a police report. These cases frequently involve conflicting statements, heightened emotions, incomplete investigations, and little or no independent evidence. Our attorneys work quickly to investigate the facts, protect your constitutional rights, and build a defense designed to achieve the best possible outcome.
If you have been charged in Virginia Beach, Chesapeake, Norfolk, Portsmouth, Suffolk, Newport News, or Hampton, speaking with an experienced defense attorney immediately can make a significant difference in your case.
Domestic Violence
Cases We Handle
How Invictus Law Can Help
with Assault & Battery on a Family Member
Domestic assault cases require immediate, strategic action. Waiting often limits available options.
Our proven process includes:
Immediate Case Assessment
We review the allegations, bond conditions, protective orders, and immediate risks.
Goal Planning
We work with you to understand your priorities, whether protecting your freedom, career, family, or future.
Strategic Investigation
Our team reviews police reports, witness statements, body camera footage, 911 recordings, photographs, medical records, and other available evidence.
Building Your Defense
We identify weaknesses in the Commonwealth’s case, evaluate constitutional issues, interview witnesses, and prepare for negotiations or trial.
Aggressive Court Representation
Whether negotiating with prosecutors or presenting your defense before a judge, we advocate aggressively at every stage.
Preparing for Life After the Case
When appropriate, we also help clients address expungement eligibility, professional licensing concerns, security clearance issues, and related legal matters.
What is Assault and Battery on a Family Member in Virginia?
In Virginia Beach, Assault and Battery Against a Family or Household Member is governed by Virginia Code §18.2-57.2 and is prosecuted in Virginia Beach Juvenile and Domestic Relations District Court. Unlike a standard assault charge, prosecutors must prove both that an assault and battery occurred and that the alleged victim qualifies as a family or household member under Virginia law.
Assault & Battery vs. Assault & Battery on a Family Member: What’s the Difference?
The primary difference is who the alleged victim is and the additional legal consequences that apply to a domestic relationship. In Virginia, the physical conduct that constitutes assault and battery is essentially the same, but Assault and Battery Against a Family or Household Member is treated as a separate offense because of the relationship between the parties.
Here’s how they differ:
Standard Assault & Battery
- 1. Virginia Code: § 18.2-57
- 2Victim Can Be Anyone
- 3Class 1 Misdemeanor in Most Cases
- 4No Automatic Domestic Violence Implications
- 5No Federal Firearm Prohibition Solely Because of the Conviction
- 6Typically Does Not Affect Family Law Matters
- 7Less Likely to Affect Military Administrative Status Solely Because of the Relationship
Assault & Battery Against a Family or Household Member
- 1. Virginia Code: § 18.2-57.2
- 2Victim Must Qualify as a “Family or Household Member”
- 3Also Generally a Class 1 Misdemeanor, but With Additional Collateral Consequences
- 4Considered a Domestic Violence Offense Under Virginia Law
- 5A Qualifying Conviction may Trigger a Federal Lifetime Prohibition on Possessing Firearms Under Federal Law
- 6Can Significantly Impact Child Custody, Visitation, Divorce, and Protective Order Proceedings
- 7Often Has Substantial Consequences for Military Members, Security Clearances, Law Enforcement Officers, and Licensed Professionals
Why Hire Invictus Law?
When your reputation, freedom, and future are on the line, experience and preparation matter.
Our clients choose Invictus Law because we offer:
Former Prosecutors
We understand how domestic violence cases are investigated, charged, and prosecuted because we have handled them from both sides of the courtroom.
Team-Based Strategy
Your case benefits from collaborative planning among experienced attorneys and legal professionals rather than relying on a single overwhelmed attorney.
Military and Security Clearance Experience
We understand how criminal charges affect military careers, federal employment, and security clearances.
Trial-Ready Representation
We prepare every case as though it may proceed to trial, strengthening negotiations and courtroom advocacy.
Experience in Hampton Roads Courts
We regularly represent clients throughout Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, Newport News, and Hampton.
Clear Communication
Legal challenges create uncertainty. We provide responsive communication, practical guidance, and straightforward advice throughout your case.
What are the Possible Consequences of an Assault & Battery on a Family Member?
Although both offenses carry a maximum penalty of 12 months in jail and a $2,500 fine, an Assault & Battery on a Family Member conviction often carries much broader long-term consequences.
These may include:
- Protective orders restricting contact with the alleged victim
- Removal from the family home
- Loss of firearm rights under federal law
- Negative effects on child custody and visitation disputes
- Immigration consequences
- Professional licensing issues
- Military administrative action or impacts on security clearances
- Enhanced penalties for subsequent domestic violence offenses
For military members stationed at NAS Oceana, Joint Expeditionary Base Little Creek-Fort Story, Naval Station Norfolk, or Joint Base Langley-Eustis, a criminal charge may also trigger command notification, administrative action, or impacts under the Uniform Code of Military Justice (UCMJ).
Early intervention by an attorney often helps identify legal issues before they become permanent problems.
What Makes Invictus Law Different
Focused Criminal Defense Practice
Our firm concentrates on criminal defense and family law, allowing us to develop deep experience in the issues our clients face every day.
Former Prosecutors
Our team understands how prosecutors evaluate cases, negotiate resolutions, and prepare for trial because we have handled cases from both sides of the courtroom.
Military Experience
We regularly represent active-duty service members, veterans, and security clearance holders who face unique collateral consequences after an arrest.
We Understand Collateral Consequences
An assault conviction can affect employment, security clearances, military careers, professional licenses, immigration status, and future opportunities. We build defense strategies with those long-term consequences in mind.
A Proven, Process-Driven Approach
Our six-step legal process keeps every case organized, strategic, and moving toward the client’s goals through investigation, planning, preparation, negotiation, and trial when necessary.
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
Can the alleged victim drop the charges?
Not necessarily. Once criminal charges are filed, the Commonwealth’s Attorney decides whether to continue prosecuting the case. Even if the alleged victim asks to dismiss the charges, the prosecutor may move forward.
Will I go to jail for a first offense?
Not always. Many factors influence sentencing, including the evidence, prior criminal history, injuries, and the specific facts of the case. Early legal representation can often improve available options.
What if there were no injuries?
Visible injuries are not required for a conviction. However, the absence of injuries may become an important part of your defense.
Can I return home after my arrest?
That depends on your bond conditions and any protective orders issued by the court. Violating either can result in additional criminal charges.
Can this affect my security clearance?
Yes. Criminal charges involving violence, alcohol, or allegations of misconduct may affect both active security clearances and future clearance eligibility.
What if the accusation is false?
False allegations do occur. An experienced defense attorney can investigate the circumstances, identify inconsistencies, preserve evidence, and present the strongest available defense.
How soon should I hire an attorney?
Immediately. Important evidence, witness statements, surveillance footage, and electronic communications can disappear quickly. Early legal representation often provides the greatest opportunity to protect your rights.
Legal Insights
