A domestic violence charge moves fast and hits hard — often an arrest, and a protective order issued the same day, before you’ve had a chance to tell your side. In Virginia, these cases carry consequences that reach well beyond the courtroom, into your home, your job, and your record. Everyone accused is entitled to a defense, and Decker Law is ready to provide one across Norfolk, Virginia Beach, and all of Hampton Roads. Call 757-622-3317 for a free, confidential consultation.
HOW VIRGINIA HANDLES DOMESTIC VIOLENCE CHARGES
Virginia law reaches broadly here. “Family or household members” includes spouses and former spouses, people who share a child, parents, siblings, and anyone who has lived together within the past year — so a charge can arise from far more than a marriage. When police respond, a magistrate can issue a protective order immediately (Va. Code § 16.1-279.1), and that order can bar you from your own home and contact with your family before the case is ever heard.
One feature catches many people off guard: Virginia effectively follows a “no-drop” approach. Even if the person who called police later wants the charge dropped, the prosecutor can — and often does — press forward anyway. That means you can’t resolve this by talking to the accuser; in fact, contacting them can violate the protective order and make things far worse. The right move is to say nothing to the accuser, let your lawyer handle all communication, and build your defense from day one.
DOMESTIC VIOLENCE CHARGES: WHAT TO KNOW
What are the penalties in Virginia?
Assault and battery against a family or household member is a Class 1 misdemeanor — up to 12 months in jail and a $2,500 fine (Va. Code § 18.2-57.2). A third offense within 20 years becomes a Class 6 felony. Charges involving serious injury can rise to Class 3 or Class 2 felonies, carrying years to life in prison.
What is a protective order, and how does it affect me?
It’s a court order that can remove you from your home and bar contact with the accuser and your children — often issued immediately (§ 16.1-279.1). Violating it is a separate crime, which is why every communication needs to run through your lawyer.
Can the charge be dropped if the accuser recants?
Usually not on its own. Virginia prosecutors can pursue the case even if the accuser wants it dismissed, so a recantation doesn’t end it — but it can matter to your defense when handled correctly.
What should I do if I’ve been accused?
Do not contact the accuser. Preserve anything that supports your account (messages, photos, witnesses), and let your attorney manage all communication with the court and prosecution.
Someone you can actually reach
Charges create stress and urgent questions. Look for a firm that’s available when you need it — we offer after-hours access and keep you informed at every step.
What defenses are available?
Depending on the facts: self-defense or defense of others, a lack of any actual assault, or false or exaggerated allegations. We investigate what really happened and hold the prosecution to its burden of proof.
WHY THE ACCUSED CHOOSE DECKER
We protect your side
There are two sides to every domestic dispute. We make sure yours is heard, investigated, and put in front of the court.
We handle the order and the charge
Protective order and criminal case move on parallel tracks. We manage both so nothing catches you off guard.
We know the local courts
Decades before Hampton Roads judges and prosecutors mean we know how these cases are actually handled here.
MEET OUR LAWYERS
Michelle Parker
Michelle Parker concentrates on personal injury, elder law, wills, trusts and estates, litigation, corporate law, and criminal defense. She handles civil, probate, and traffic cases throughout the seven cities of Greater Hampton Roads.
MEET OUR LAWYERS
George Neskis
George Neskis represents clients charged with criminal and traffic offenses — from DUI and reckless driving to felony matters — and also handles personal injury. A former Norfolk Assistant Commonwealth’s Attorney, he practices across all seven Hampton Roads cities and has been named to Super Lawyers for criminal defense.
MEET OUR LAWYERS
Joel Weintraub
Joel Weintraub has been practicing law for over 40 years and focuses his practice on civil litigation involving disputes between individuals and corporations. Joel’s recent cases involve corporate litigation, personal injury, business law, will and trust contests and interpretation, shareholder rights, and estate administration.
MEET OUR LAWYERS
Joseph Rigney
A Chesapeake native and former prosecutor, Joseph Rigney focuses on personal injury and criminal defense, including traffic law. He tries both civil and criminal cases in the courts of Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, and Newport News.
MEET OUR LAWYERS
Martin Thomas
Martin Thomas is the firm’s president and managing attorney, concentrating on personal injury, criminal, and traffic law. He handles multimillion-dollar injury cases throughout Virginia and has been named to Super Lawyers for personal injury.
MEET OUR LAWYERS
Jeffrey Partington
A Virginia Beach native, Jeffrey Partington serves clients in personal injury, workers’ compensation, and business law, and has worked both sides of the aisle. He practices in the courts of Norfolk, Virginia Beach, Chesapeake, Newport News, Portsmouth, Hampton, and Suffolk.
MEET OUR LAWYERS
Cole Roberts
A Norfolk native and former Public Defender, Cole Roberts represents clients in criminal defense and traffic matters, from reckless driving and DUI to serious felonies. He has tried numerous jury cases across the seven Hampton Roads cities.
MEET OUR LAWYERS
Martin Thomas, Jr.
Martin Thomas, Jr. focuses on personal injury, criminal, and traffic law, along with contract law and civil litigation. He tries cases in the courts of Virginia Beach, Norfolk, Portsmouth, and Chesapeake, and serves on Norfolk City Council.
MEET OUR LAWYERS
Peter Decker, III
Peter Decker, III focuses his practice on criminal, traffic, and personal injury. He regularly practices in the General District, Juvenile and Domestic Relations, and Circuit Courts of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Suffolk and Newport News.
These cases move quickly, and the protective order is already in effect — the sooner we’re involved, the more we can protect. Reach us by text, chat, phone, or email, or call 757-622-3317. Everything you tell us is confidential.
KEEP UP WITH DECKER LAW
December 2 2025
Decker Law Helps Raise $1.55 Million for the St. Jude Dream Home® Giveaway
Peter Decker Children’s Charities has been recognized for their partnership in raising $1,550,000 for the St. Jude Dream Home® Giveaway, helping St…
Decker Law Secures Another Big Verdict Against Major Insurance Carrier
Decker Law Secures Big Verdict Against Insurance Carrier Make that another major victory for Decker Law against a powerful insurance company. Attorney…
Michelle Parker Named Leader in Law by Virginia Lawyers Media
Attorney Michelle Parker Named as a ‘Leader in Law’ by Virginia Lawyers Media Decker Law is pleased to announce that attorney Michelle Parker received…
