Domestic Violence Attorney in Virginia Beach

Criminal Defense That Accounts for What’s Actually at Stake

A domestic violence arrest doesn’t just start a criminal case. Within hours, you may be served with an emergency protective order, barred from your home, and facing a custody hearing based on nothing more than an allegation. Attorney Jerrell R. Johnson spent 15 years as a Virginia Beach Police Department officer before practicing law for another 15 years, earning recognition as Police Officer of the Year in 2001 and over 50 letters of commendation along the way. He knows how these arrests are made, how evidence is gathered, and how to challenge both. At JRLaw, PLC, we’ve successfully defended hundreds of clients across Virginia Beach and Southeastern Virginia, and we handle each case with the criminal and family law consequences in view from day one.

Your case won’t wait, and neither should you. Call our Virginia Beach domestic violence attorneys at (757) 447-0080 for a free consultation.

How Virginia Law Defines This Charge

Virginia doesn’t use the term “domestic violence” in its criminal statutes. The formal charge is assault and battery of a family or household member under Virginia Code Section 18.2-57.2, and it covers current and former spouses, parents, children, siblings, co-parents, and intimate partners who shared a residence within the past 12 months.

One fact surprises many people: a victim asking to drop the charges doesn’t end the case. Once an arrest is made, the Commonwealth of Virginia controls prosecution, and the case proceeds even over the alleged victim’s objection. Virginia law also permits warrantless arrests when credible evidence suggests a household assault occurred, which means the window from incident to arrest to emergency protective order can be a matter of minutes.

Penalties Under Virginia Code Section 18.2-57.2

The consequences extend well beyond the courtroom. A first offense is a Class 1 misdemeanor carrying up to 12 months in jail and a fine of up to $2,500. A third or subsequent conviction within 20 years is elevated to a Class 6 felony carrying up to five years in prison. Certain aggravating circumstances, such as a pregnant victim or other vulnerable individuals, can trigger felony-level charges under related Virginia statutes even on a first offense.

Two collateral consequences define the long-term stakes for many clients:

• Federal firearm prohibition: Federal law imposes a lifetime ban on firearm possession for anyone convicted of a misdemeanor crime of domestic violence. The ban takes effect at conviction with no expiration date.
• No expungement: A domestic violence conviction creates a permanent criminal record in Virginia. Unlike some charges, it cannot be expunged, which affects employment background checks, housing applications, and security clearance eligibility.

How We Build a Defense

Every case starts with a close review of the police report, witness statements, and the circumstances of the arrest itself. Constitutional violations in how evidence was gathered, inconsistencies between accounts, and gaps in what the prosecution can actually prove beyond a reasonable doubt all become relevant. Common defense strategies include asserting self-defense, exposing false accusations, challenging the sufficiency of the evidence, and demonstrating a lack of required intent.

For first-time offenders, a deferred disposition may be available, allowing charges to be dismissed after completing probation requirements and helping protect the criminal conviction record. We pursue dismissals, charge reductions, and deferred dispositions when the facts support them, and we look at how each outcome affects not just the criminal record but the client’s standing in any parallel family court proceedings.