Virginia Domestic Violence: A Second Offense Can Cost You

If your relationship goes south, it is critical you maintain composure despite the fact that your significant other may be intentionally “pressing all of your buttons.”  Do not make the mistake of becoming an aggressor.  Also, do not fight back unless you fear for your safety.  As you can see from the chart below, a second assault and battery upon a family member carries with it tremendous consequences – a class 1 felony!  If you have been accused of sexual battery, the consequences are even more severe.  Your Virginia Beach and Norfolk Domestic Relations Attorney has consolidated the chart below for you to reference the various criminal laws punishing domestic crimes.  Arguably the most significant and by far most common is the first statute, 18.2-57.2.

Code SectionThe Basic CrimeWho InvolvedPossible Penalties
 18.2-57.2-3 Assault/Battery “Family/household member” Class 1 misd. (felony for 2nd)ProbationEducation programs
 18.2-60.3 Stalking Any other person Class 1 misd.Protective order
 18.2-60.4 Violation of Stalking Protective Order Any other person Class 1 misd. + new order
 18.2-61 Rape Any other person felony, life in prison
 18.2-67.3 Aggravated Sexual Battery Victim under 13-17, *depends on relationship felony, up to 20 years in jail$100,000 fine
 18.2-67.4 Sexual Battery Any other person Class 1 misd.


Aside from penalties imposed by the Commonwealth, there are groups pushing for the implementation of statutes which would provide civil remedies for victims of stalking.  The Virginia Sexual and Domestic Violence Action Alliance sets forth on its Virginia report card a suggestion to Virginia lawmakers; “civil remedies for victims of dating violence, stalking, and sexual assault available regardless of whether the respondent is the subject of criminal prosecution.”  With criminal and civil ramifications possible, any domestic dispute culminating in charges should be taken seriously.  The Commonwealth has a job to do, but so does your Virginia Beach Domestic Relations Attorney.  He is waiting for your call.