Domestic Assault And Battery In Virginia Lawyers Family Member Code 18.2-57.2

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James Doe v. Commonwealth

Facts:

Defendant was convicted in the Circuit Court of Fairfax, Virginia, of two counts of third-offense domestic assault and battery in violation of Va. Code Ann. § 18.2-57.2(B), based on his battering a “family or household member” as defined in Va. Code § 16.1-228. He appealed, challenging a ruling excluding evidence, the sufficiency of the evidence, and the trial court’s subject matter jurisdiction.

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Domestic Assault And Battery In Virginia Lawyers Family Member Code 18.2-57.2

Domestic Assault And Battery In Virginia Lawyers Family Member Code 18.2-57.2

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 18.2-57.2 provides that any person who commits an assault and battery against a family or household member is guilty of a criminal offense as prescribed therein. It incorporates by reference the definition of “family or household member” contained in Va. Code Ann. § 16.1-228, which provides that “family or household member” means (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time; or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.