Domestic Assault

Mark A. Smith: Domestic Assault Lawyer Serving Yorktown/York County, VA

It is said that there are often three sides to every story — your side, your opponent’s side and the truth. In situations where arriving at the truth in a timely matter is of the utmost importance due to the fact that people’s lives depend upon it, hiring a professional is definitely the way to go. Domestic assault, for the accused party and the accusing party, is a particularly sensitive issue because it involves a loved one or more than one loved one. When people who love each other find themselves at odds, things can get messy. This is particularly true if children are present. The chances of them getting caught in the middle are extremely high. If you stand accused of domestic assault in York County, VA or you have been the victim of domestic abuse in this region, now is the time to obtain an expert York County domestic assault attorney.

Mark A. Smith Understands Both Sides of Domestic Assault Disputes

Mark A. Smith has been practicing Virginia law for 25 years and his firm has a no-nonsense policy when it comes to handling sensitive domestic assault cases like yours. His proven track record speaks for itself but it is notable to mention that his expertise in this particular field relates to both sides of the issue. This wealth of knowledge concerning domestic assault can help to give you the upper hand in the courtroom, a place where knowledge frequently sways the scales of justice in your favor. If you are currently involved in a domestic dispute that could lead to charges or if you are already entangled in a Yorktown, VA domestic assault case, there is no better time than right now to receive your free phone consultation courtesy of the Mark A. Smith firm.

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A Briefing: What You Need to Know About Domestic Assault Charges Filed In or Near Yorktown, VA

Domestic violence is, by legal definition, a “pattern of abusive behaviors used by one individual intended to exert power and control over another individual in the context of an intimate or family relationship”. Further technical information related to domestic assault can be found in Virginia penal code section 18.2-57.2. At first glance, this description of domestic assault seems pretty cut and dry but this VA law contains a great deal of gray areas. For example, domestic assault also relates to non-relatives with whom you maintain residency (such as roommates). First time offenders face a class 1 misdemeanor. Other common penalties associated with a domestic assault conviction include:

  • Incarceration
  • Loss or restriction of custodial rights to children
  • A permanent mark on your criminal record
  • Fines
  • Restrictions on other freedoms (such as your right to bear arms)

What To Do If You Are Accused of Assaulting a Family or Household Member

If you are accused of domestic assault, the first thing you should do is keep your cool and don’t take the matter into your own hands. Charges filed by or against a loved one can be very emotionally painful causing you to lash out and possibly even lose your temper. Losing your temper will not aid you in proving your innocence against the charge. Instead, you should follow these instructions:

  • Write everything down — Immediately make notes that detail your side of the story
  • Consult with a Virginia criminal defense attorney who has experience in handling domestic
    assault cases in your area (Gloucester, Hampton, Newport News, Williamsburg, James City County, York County, Yorktown etc.)
  • Devise the plan that best protects you and your family

Custody Battles, Restraining Orders and Other Elements that Tend to Accompany Domestic Assault Charges

An emergency protective order, as defined in section 16.1-253.4 of Virginia law can further complicate legal proceedings related to domestic assault charges. The same is true in the midst of legal custody battles. These two elements are often present in Yorktown domestic assault cases. Accessing an expert legal representative can help you to:

  • Have the restraining order lifted
  • Maintain rights to the custody of your children

Contacting a qualified domestic assault lawyer in VA is the best way to preserve your reputation and/or protect your loved ones from further suffering in your current dispute. Legal representative Mark A. Smith is eager to help you start defending yourself today. Contact the Mark A. Smith, P.C. law firm today at 757-833-6909 or email your questions and concerns by clicking here.