Who this page is for
This page is written for people who have been accused
That may mean you were arrested after a call to police and are facing a criminal charge. It may mean you were served with a petition for a protective order. It may mean both, because in Virginia the two often run at the same time in different courts.
No law firm can represent both parties in the same dispute. This page is written for the defense side, and if you are the person seeking protection, the resources in the notice above are the right starting point — please use them rather than the contact form here.
Being accused is not the same as being guilty, and the system does not treat it that way — but it does move quickly, and the early decisions matter more than most people expect.
Section 02
What the charge is
In Virginia, the charge that follows most domestic incidents is assault and battery against a family or household member. It is a Class 1 misdemeanor, which carries exposure of up to twelve months in jail and a fine of up to $2,500.
“Family or household member” is defined by statute and reaches further than many assume. It includes spouses and former spouses, parents, children, siblings, in-laws living in the same home, people who share a child, and people who cohabit or have cohabited within the past twelve months.
The complaining witness cannot drop the charge
A criminal case in Virginia is brought by the Commonwealth, not by the person who called police. If that person later asks the prosecutor to dismiss, the prosecutor may agree — or may proceed anyway using the 911 recording, body-worn camera footage, photographs, medical records, or statements the accused made at the scene. The complaining witness can be subpoenaed and compelled to testify.
An arrest is often not discretionary
Where officers have probable cause to believe an assault has occurred between family or household members, Virginia law directs them toward arrest. That is why people are frequently arrested in situations they expected would be defused by explaining.
Section 03
Protective orders: a separate case, a lower burden
A protective order proceeding is civil, not criminal. It runs in a different court, on a different timeline, and — critically — under a lower standard of proof. A criminal conviction requires proof beyond a reasonable doubt. A protective order requires only a preponderance of the evidence: more likely than not.
That difference is why people are sometimes acquitted of the criminal charge and still subject to a protective order arising from the same night.
- 72 hours Emergency protective orderIssued by a magistrate, often at the time of arrest, typically lasting 72 hours. You are usually not present when it is issued, and it can order you out of your own home immediately.
- ~15 days Preliminary protective orderIssued after an ex parte hearing — meaning the petitioner appears and you do not. It generally lasts about fifteen days, until a full hearing can be held. This is the window in which preparation happens.
- Up to 2 years Final protective orderA full hearing at which both sides appear, present evidence, and cross-examine witnesses. If entered, a final order in Virginia may last up to two years, and may address exclusive possession of the residence, temporary custody, and contact restrictions.
Violating a protective order is a separate criminal offense, charged independently of the underlying case. That charge is provable even if the original allegation is not.
Section 04
What a finding costs beyond the case
Firearms
Both Virginia and federal law restrict firearm possession for people subject to a qualifying final protective order or convicted of a qualifying domestic violence offense.
Employment and clearances
Government, military, healthcare, education, and regulated-industry employers frequently treat a domestic violence charge as disqualifying. In clearance contexts, a pending charge alone can trigger review.
Custody and visitation
Virginia courts weigh a history of family abuse when determining a child's best interests. A protective order finding becomes part of the record in any custody proceeding that follows.
Immigration
For non-citizens, a domestic violence conviction can carry severe immigration consequences, including grounds of deportability. The analysis is specific to the conviction and the person's status, and it should be reviewed by an immigration attorney before any plea is entered.
Housing and record
A Virginia misdemeanor conviction appears on background checks and is visible to landlords and employers who run them.
Section 05
After an arrest or after service
- 01Do not contact the complaining witness. Not to apologize, not to explain, not through a friend or relative. A protective order or bond condition frequently prohibits contact, and a well-meant text becomes a new charge.
- 02Do not discuss the incident with anyone but your attorney. Anyone you talk to can be subpoenaed. Recorded jail calls are routinely reviewed by prosecutors.
- 03Preserve everything now. Messages, call logs, photographs, location data, receipts, and work records tend to disappear on their own. Devices get wiped and accounts get closed.
- 04Write down what happened while it is fresh — dates, times, who was present, what was said — and give it to your attorney rather than circulating it.
- 05Read the order and follow it exactly, including any provision about retrieving belongings or contacting children. Ask your attorney before doing anything the order might touch.
- 06Do not skip the protective order hearing because the criminal case feels more serious. The civil finding often arrives first and follows you into everything else.
This is general information, not advice for your situation, and your circumstances may call for different steps.
Section 06
What defense work looks like here
Defense in these cases is usually built from the record rather than from argument. The specific evidence, the timeline, and the relationship history drive what is available.
Bond and release conditions
After an arrest, the first hearing addresses whether you are released and on what terms. Those conditions frequently include no-contact provisions and exclusion from the residence, and they can be argued and later modified.
Building the record
Reviewing the 911 recording and body-worn camera footage for what it actually shows, examining the police report for internal inconsistencies, obtaining the complaining witness's prior statements, identifying witnesses who were present, and testing whether the alleged conduct meets the statutory definition.
The protective order hearing
A civil proceeding, prepared separately from the criminal case, including cross-examination of the petitioner and presentation of your own evidence.
Trial
Representation at trial in the Virginia district court where the charge is heard. A misdemeanor conviction in district court may be appealed to the circuit court for a new trial.
Negotiation
Engaging the prosecutor where the evidence supports it, which may include dismissal, amendment, or a deferred disposition.
Collateral consequences
Advising on how a conviction or a protective order would affect firearm rights, employment, custody, and immigration status, so that any decision about resolving the case is made with those consequences understood. This is advice given as part of the representation, not a separate service.
No attorney can promise a result. What counsel can do is make sure the record is developed and the decisions are informed.
Section 07
Attorneys
Mr. Sris
Owner and Founder · Former Prosecutor
Mr. Sris founded the firm in 1997. He is a former prosecutor. He testified in support of 2019 Virginia House Bill 635 before the Virginia House Courts of Justice Committee.
Kristen M. Fisher
Of Counsel
Ms. Fisher is a former Maryland Assistant State's Attorney.
Bryan Block
Of Counsel
Mr. Block is a former Virginia State Trooper.
Matthew Greene
Of Counsel
Mr. Greene practices in criminal law and child protective services defense.
Matter assignment. Attorneys are assigned to a matter by the firm. No attorney named on this page is promised to any particular case.
Non-US-admitted personnel. Attorneys listed elsewhere on this site as licensed in Colombia are not admitted in any United States jurisdiction and do not advise on United States law. Non-attorney staff are identified separately and do not provide legal advice.
Section 09
Frequently asked questions
Can the charge be dropped if the other person does not want to go forward?
Not by them. A criminal case in Virginia is brought by the Commonwealth, not by the person who called police. The prosecutor decides whether to proceed and may go forward using the 911 recording, body-worn camera footage, photographs, or statements made at the scene. The complaining witness can be subpoenaed and compelled to testify.
Why was I arrested when nobody was hurt?
Where officers have probable cause to believe an assault occurred between family or household members, Virginia law directs them toward arrest rather than leaving the decision open. Visible injury is not required, and an arrest is not a finding that anything happened.
What is the difference between the criminal case and the protective order case?
They are separate proceedings in different courts. The criminal case seeks punishment and requires proof beyond a reasonable doubt. The protective order case seeks restrictions on contact and requires only a preponderance of the evidence, which is a much lower standard. It is possible to be acquitted in one and still face an order from the other.
How long does a protective order last?
In Virginia, an emergency order typically lasts 72 hours, a preliminary order about fifteen days until a full hearing, and a final order up to two years. Other states use different structures and different durations.
Can I go home?
Not if the order says otherwise. An emergency or preliminary protective order can grant the other party exclusive possession of the residence, including a home you own or lease. Arrangements for retrieving belongings are usually made through the court or through counsel, not on your own.
What happens if the other person contacts me?
An order entered against you restricts your conduct. Unless a separate order also restricts theirs, their contacting you does not excuse a response from you, and replying can still violate the order. Do not reply, write down what happened, and tell your attorney immediately.
Will this affect my firearm rights?
It can. Both Virginia and federal law restrict firearm possession for people subject to a qualifying final protective order or convicted of a qualifying domestic violence offense. The restriction can attach before any conviction.
Will this affect custody of my children?
Virginia courts weigh a history of family abuse when determining what is in a child's best interests, so a protective order finding becomes part of the record in any custody proceeding that follows. The weight given to it depends on the facts.
I am not a citizen. What should I know?
A domestic violence conviction can carry severe immigration consequences, including grounds of deportability. The analysis depends on the specific conviction and your status, and it should be reviewed by an immigration attorney before any plea is entered.
Does this page apply outside Virginia?
No. The law described here is Virginia law. Maryland, the District of Columbia, New Jersey, and New York each handle protective orders and domestic assault charges differently, including how long orders last. If your case is in another state, the analysis is different.