Domestic Violence Defense in Virginia: Assault on a Family Member, Intimate Partners & Strangulation Charges
Norfolk Criminal Defense Attorney, Chad Dorsk | Dorsk Law Office Represents People Charged with Assault on a Family Member
Domestic violence charges are among the most common calls we receive at Dorsk Law Office. These cases move quickly, carry serious consequences, and almost always involve complicated personal histories. Whether you are facing a misdemeanor assault and battery against a family or household member, a charge involving a recent romantic or sexual partner, or a felony strangulation allegation, the stakes are high — for your freedom, your record, your employment, your firearms rights, and often your family or personal relationships.
Attorney Chad G. Dorsk defends these cases routinely throughout Norfolk, Virginia Beach, Chesapeake, Portsmouth, Newport News, and the surrounding Hampton Roads area. He has tried domestic violence and related cases to juries and has obtained real results for clients, including recent favorable outcomes in contested matters.
Assault and Battery Against a Family or Household Member (Virginia Code § 18.2-57.2)
Under Virginia Code § 18.2-57.2, any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor. A first offense is punishable by up to 12 months in jail and a fine of up to $2,500.
With certain prior convictions (including prior domestic assault, malicious wounding, or strangulation within a 20-year period), the charge can be elevated to a Class 6 felony.
Who qualifies as a “family or household member”?
Virginia defines this broadly under Virginia Code § 16.1-228. It includes:
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Current or former spouses (regardless of whether they live together)
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Parents, children, stepparents, stepchildren, siblings, half-siblings, grandparents, and grandchildren
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In-laws who live in the same home
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People who share a child in common (regardless of marriage or cohabitation history)
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Individuals who currently cohabit or who have cohabited within the previous 12 months (and their children living in the home)
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Legal custodians of a juvenile
Important 2026 Update – Intimate Partners Now Included
Effective July 1, 2026, Virginia expanded the definition of “family or household member” to include a person’s intimate partner. An intimate partner is an individual who, within the previous 12 months, was in a romantic, dating, or sexual relationship with the person. Courts determine this based on the length, nature, frequency, and type of interaction between the individuals.
This change means dating partners, romantic partners, and sexual partners (even if they never lived together or shared a child) can now fall under the domestic assault statute and related firearm restrictions after a conviction.
Strangulation Charges (Virginia Code § 18.2-51.6)
Strangulation is a separate and more serious offense. Under Virginia Code § 18.2-51.6, any person who, without consent, impedes the blood circulation or respiration of another by knowingly, intentionally, and unlawfully applying pressure to the neck resulting in wounding or bodily injury is guilty of a Class 6 felony. Suffocation is treated the same way.
Strangulation is frequently charged in domestic and intimate-partner situations and carries the potential for significant prison time. These cases often turn on medical evidence, 911 recordings, body-worn camera footage, and the credibility of the parties involved.
Why These Cases Are So Difficult — and Why Local Experience Matters
Domestic violence and strangulation cases are rarely straightforward. They almost always involve people who have been in relationships, whether long-term, recent, romantic, sexual, or familial. Emotions run high. Accounts of what happened frequently conflict. Text messages, social media, prior arguments, and mutual accusations commonly become part of the evidence. Sometimes evidence is incomplete; sometimes it is exaggerated or manufactured.
Because the relationships are ongoing or recently ended, the criminal case often overlaps with protective orders, custody issues, housing, and employment concerns. At Dorsk Law Office, we understand how messy these situations can become and how to navigate them carefully.
Chad Dorsk has practiced in the Hampton Roads courts for nearly two decades. He has handled these cases routinely, tried them before juries, and built professional relationships with Commonwealth’s Attorneys and judges across the region — many of whom he has known since the early years of his practice. That local knowledge and courtroom experience matter when the outcome of a case is on the line.
How We Defend These Cases
Many domestic violence cases are resolved in the lower court (often Juvenile and Domestic Relations District Court) without a full trial through careful investigation, negotiation, and presentation of contradictory or mitigating evidence. Charges are frequently reduced or dismissed when the evidence does not support the original allegation.
When a case must be tried, we are prepared. We have obtained favorable results in contested domestic assault matters, including a recent win in Virginia Beach Juvenile and Domestic Relations District Court at the end of July 2026 where the complaining witness fabricated the allegation and manufactured evidence.
Our approach includes:
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Thorough review of body-worn camera, 911 calls, medical records, and digital communications
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Identifying inconsistencies and alternative explanations (including self-defense or mutual combat)
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Challenging overcharging, particularly when a mutual argument is elevated to felony strangulation
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Protecting clients from the collateral consequences of a conviction, including the expanded firearm restrictions that now apply to intimate partners
Related Resources
• Domestic Violence Charges in Virginia
Contact Dorsk Law Office
If you or a family member has been charged with assault and battery against a family or household member, an intimate partner, strangulation, or a related domestic violence offense in Norfolk, Virginia Beach, or anywhere in Hampton Roads, call us today.
Call (757) 423-0271 to Discuss Your Case
When you call, you will speak directly with a real person.
Dorsk Law Office, PLC
409 Duke Street, Suite 100
Norfolk, VA 23510
Serving Norfolk, Portsmouth, Virginia Beach, Chesapeake, Newport News,
Suffolk, Hampton, and the surrounding areas.