New Virginia Domestic Violence Laws Go Into Effect

August 23, 2012

Like all states, Virginia has a detailed set of laws that govern grants of protective orders following allegations of domestic violence between spouses or other individuals. Several important changes to Virginia domestic violence statutes recently became law.

House Bills 752 and 1033 and Senate Bills 459 and 445 included enhancements to penalties for specific violent acts as well as improvements to processes for holding abusers accountable and terminating or modifying existing restraining orders. The new laws went into effect on July 1.

HB 752/SB 459 amended the Virginia criminal code by adding a definition of strangulation, providing that a person who impedes the blood circulation or respiration of another by applying pressure to the neck is guilty of a Class 6 felony. This means steeper criminal penalties for choking a spouse, which was formerly a Class 1 misdemeanor.

The sponsors of the bill had sought other enhancements that did not survive into the final version passed by the Virginia House and Senate. The original version of the bill would have elevated any assault and battery against a family or household member to felony status, and required magistrates who issued warrants for this crime to also issue an emergency protective order against the defendant. The final version also omitted language defining strangulation as obstructing the nose or mouth, as well as felony enhancements for repeat domestic abusers.

Commentators cite the importance of the fact that these new laws had bipartisan sponsorship and support in the Virginia Legislature, evidence of widespread recognition of the need for better laws to combat domestic violence. The civil and criminal consequences for abusing a spouse or significant other are a serious matter, and a Virginia domestic violence attorney can provide advice about the full range of legal consequences.

Whether accusations of violence within a family are made during a police visit or in the context of a divorce and child custody dispute, the legal repercussions can last well into the future. Accusations alone can destroy a person's reputation -- a felony record for domestic assault can severely limit a person's job prospects and chance for a meaningful relationship with children.

Whatever side of a domestic dispute a person finds herself or himself on, a conversation with a spousal abuse lawyer can provide immediate insight into the legal implications of a violent incident. As laws change and penalties increase, clients have all the more incentive to understand their legal rights to protection from violence or defense against false accusations.

Article provided by Eddy Paul Rice, IV
Visit us at www.eddypaulrice.com