Domestic Violence Charges in Virginia

Chad Dorsk
4 days ago
3 min read

Updated: 3 days ago

What You Need to Know About Assault, Strangulation, and Your Defense

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 the charge is a misdemeanor assault and battery against a family or household member or a felony strangulation allegation, the stakes are high—for your freedom, your record, your employment, and often your family relationships.

What Counts as a Domestic Violence Charge in Virginia

In Virginia, many domestic cases are charged under Virginia Code § 18.2-57.2—Assault and Battery Against a Family or Household Member. A first offense is generally a Class 1 misdemeanor. With certain prior convictions, it can be elevated to a Class 6 felony.

A particularly serious charge that frequently appears in domestic cases is strangulation. Under Virginia Code § 18.2-51.6, it is a Class 6 felony to knowingly, intentionally, and unlawfully apply pressure to another person's neck in a way that impedes blood circulation or respiration and results in wounding or bodily injury. Suffocation is treated similarly.

These felony charges carry the potential for significant prison time and can create lasting collateral consequences.

Protective orders often accompany domestic violence charges, and these cases are routinely heard in Juvenile and Domestic Relations District Court before any possible appeal to Circuit Court.

Why These Cases Are So Difficult

Domestic violence cases are rarely straightforward. They almost always involve people who have been in long-term relationships—spouses, former spouses, partners who share children, or individuals who have lived together.

Emotions run high. Memories of events conflict. Text messages, social media posts, prior arguments, and mutual accusations frequently become part of the evidence.

One party may minimize what happened while the other may exaggerate. Sometimes evidence is incomplete, sometimes it may be manufactured, and sometimes both people have engaged in conduct that complicates the picture.

Because the relationships are ongoing or recently ended, these cases can also carry real-world consequences beyond the criminal charge. Custody issues, housing, employment, firearms rights, and immigration status can all potentially be affected.

At Dorsk Law Office, we understand this dynamic. We know how complicated these cases can become, and we know how to navigate them carefully and strategically.

How We Approach Domestic Violence Defense

Many domestic cases are resolved in the lower court without a full trial. Through careful investigation, negotiation, and presentation of mitigating or contradictory evidence, charges may sometimes be reduced, dismissed, or otherwise resolved without a conviction that follows a client for years.

When a case must be tried, however, we are prepared.

We have handled domestic assault and related charges through contested hearings and trials across Hampton Roads, including Virginia Beach Juvenile and Domestic Relations District Court.

Recently, at the end of July 2026, we obtained a favorable result in Virginia Beach Juvenile and Domestic Relations Court in a domestic violence case in which the complaining witness, the husband, fabricated the allegation and manufactured evidence after his spouse had previously

charged him with domestic violence.

Cases like this illustrate how quickly these matters can turn on credibility, timing, evidence, and the quality of the investigation—and why experienced criminal defense counsel matters.

Our approach includes:

Examining the evidence carefully, including body-worn camera footage, 911 calls, medical records, photographs, text messages, and other digital communications
Identifying inconsistencies and alternative explanations
Challenging overcharging, particularly when an argument or physical confrontation is elevated to a felony strangulation allegation
Working toward the best possible resolution based on the circumstances, whether that means dismissal, reduction, negotiation, or a contested trial when necessary

We also recognize that many people charged in domestic violence cases have never been involved in the criminal justice system before. They may be dealing simultaneously with the emotional consequences of a marriage or long-term relationship falling apart.

That makes careful, experienced representation especially important.

If You Are Facing a Domestic Violence Charge

Domestic assault, assault and battery against a family or household member, and strangulation charges are serious. These cases can move quickly, and early decisions involving bond, protective orders, contact with the complaining witness, and statements to law enforcement can affect how the case develops.

If you or a family member has been charged with a domestic violence offense, contact Dorsk Law Office to have your case reviewed.

We defend criminal cases throughout Norfolk, Virginia Beach, Chesapeake, Portsmouth, Newport News, and the surrounding Hampton Roads area.

Call Dorsk Law Office at (757) 423-0271 or visit dorsklaw.com to review your case today.