Facing a Domestic Violence Charge in Fairfax County
Your Journey Begins Here
“I can’t believe this is happening.”
That is probably the most common thought I hear from people after they have been arrested for a domestic violence offense.
Only hours earlier, life may have seemed completely normal. An argument escalated. The police were called. Questions were asked. Before you knew it, you were in handcuffs, sitting in a police car, or standing before a magistrate wondering how your life changed so quickly.
Now everything feels uncertain.
You may not be allowed to return home because of an Emergency Protective Order. You may be worried about seeing your children. You may be wondering whether your employer will learn about the arrest, whether your security clearance is at risk, or whether one mistake—or one accusation—has permanently damaged your future.
For many people, this is their first experience with the criminal justice system. They have never been arrested, never hired a criminal defense attorney, and never imagined they would face criminal charges involving someone they love or once cared about.
The uncertainty can be overwhelming.
Questions begin racing through your mind.
Will I lose my job?
Can I go back home?
Can I see my children?
Will this affect my professional license or security clearance?
Can the charges be dropped?
What happens next?
If those are the questions keeping you awake at night, you are not alone.
Over more than 31 years of criminal defense experience, I have represented people from virtually every profession and every walk of life—government employees, military personnel, teachers, nurses, physicians, engineers, executives, business owners, college students, parents, and individuals who had never before been charged with a crime.
Many walked into my office believing their lives were over.
Some blamed themselves for an argument that became emotional.
Some believed they had been falsely accused.
Others simply had no idea how an argument inside a home had suddenly become a criminal case.
Although every situation is different, one thing remains true in every case:
An arrest is not a conviction.
That may sound simple, but it is one of the most important principles in Virginia criminal law.
A police officer decides whether probable cause exists to make an arrest. A magistrate decides whether criminal charges should issue. Those decisions begin the legal process, but they do not determine how your case ends.
The Commonwealth must still prove every element of the charge beyond a reasonable doubt before a judge can find you guilty.
That burden belongs to the prosecution—not to you.
Understanding that difference is often the first step toward replacing fear with perspective.
Understanding Domestic Violence Charges in Virginia
One of the biggest misconceptions I hear is:
“I’ve been charged with domestic violence.”
That phrase is commonly used by police officers, judges, attorneys, and the public. Legally, however, Virginia does not have a single criminal offense called “domestic violence.”
Instead, several different criminal statutes may apply when an incident involves family or household members.
The charge filed most often is Assault and Battery Against a Family or Household Member (Virginia Code § 18.2-57.2). This misdemeanor offense accounts for the overwhelming majority of domestic violence prosecutions in Fairfax County and throughout Northern Virginia.
Some allegations are more serious.
If prosecutors believe the evidence shows that a person’s breathing or blood circulation was intentionally impeded, they may pursue the felony offense of Strangulation or Suffocation (Virginia Code § 18.2-51.6).
If the allegations involve more significant injuries or a different criminal intent, prosecutors may instead pursue Malicious Wounding or Unlawful Wounding (Virginia Code § 18.2-51).
These felony charges carry significantly greater potential penalties and deserve their own detailed discussion. Throughout this website, you will find dedicated pages explaining those offenses, the evidence commonly involved, and the legal issues they present.
Because most domestic violence arrests involve Virginia Code § 18.2-57.2, the remainder of this guide focuses primarily on that offense while helping you understand how these cases are investigated, prosecuted, and defended.
The Charge Most People Face: Assault and Battery Against a Family or Household Member
If you have been arrested for domestic violence in Fairfax County, there is a very good chance you have been charged under Virginia Code § 18.2-57.2.
Although many first-offense cases are misdemeanors, they should never be taken lightly.
A conviction may affect employment opportunities, professional licenses, security clearances, immigration consequences, firearm rights under certain circumstances, and your personal reputation. Even before your first court date, the arrest itself may disrupt your home life, relationships, and emotional well-being.
Fortunately, a criminal charge is not the same as a conviction.
Every domestic violence case must ultimately be decided on the evidence—not on assumptions, emotions, or the allegations contained in an arrest warrant.
What Must the Commonwealth Prove?
Many people assume that because the police made an arrest, the case is essentially over.
That is not how the criminal justice system works.
When officers respond to a domestic disturbance, they are deciding whether probable cause exists to believe a crime may have occurred. That standard is much lower than the standard required to obtain a conviction.
Once your case reaches court, the Commonwealth must prove every element of the offense beyond a reasonable doubt using admissible evidence.
If that burden cannot be met, the court cannot lawfully convict.
That principle protects every person accused of a crime, regardless of the allegations.
Who Is Considered a Family or Household Member?
Another common misunderstanding is that domestic violence laws apply only to married couples.
Virginia law is much broader.
Depending upon the circumstances, a family or household member may include current or former spouses, parents and children, siblings, people who share a child, individuals who currently live together, and certain people who have previously lived together, along with other relationships recognized under Virginia law.
In 2026, the General Assembly also added intimate partners to the definition. I explain that change in Virginia’s 2026 “Boyfriend Loophole” Change.
In some cases, the relationship is obvious.
In others, whether the parties meet the legal definition becomes an important issue that must be carefully evaluated.
Not Every Argument Is a Crime
Families argue.
Relationships become strained.
People sometimes say things they later regret.
Arguments can become emotional.
None of those facts alone establishes a criminal offense.
The question before the court is not whether an argument occurred.
The question is whether the Commonwealth can prove beyond a reasonable doubt that a criminal assault and battery occurred under Virginia law.
That distinction is extremely important.
Over the years, I have represented many clients who were genuinely surprised that an argument had resulted in criminal charges. Others assumed that because no one suffered a serious injury, there could not be a criminal case.
Neither assumption is necessarily correct.
Every case depends on the evidence, the credibility of the witnesses, and the unique facts surrounding the incident.
Common Evidence in Domestic Violence Cases
Unlike many criminal offenses, domestic violence cases often occur inside a home or other private setting where there are few, if any, independent witnesses. Police officers are usually responding after the incident has ended, which means they must reconstruct what happened using the evidence available to them.
That evidence may include body-worn camera recordings, 911 calls, photographs, medical records, text messages, witness statements, and observations made by responding officers.
Modern technology has changed the way these cases are investigated.
Body-worn cameras often capture the emotional aftermath of an incident, the condition of the people involved, and statements made at the scene. Cell phones may contain text messages or photographs that provide additional context. Medical records may document injuries, while 911 recordings frequently become important evidence because they capture events close in time to the alleged offense.
At the same time, no single piece of evidence automatically determines the outcome of a case.
A photograph may show an injury without explaining how it occurred. A text message may tell only part of the story. A witness may have observed only a portion of an incident. Even body-worn camera footage begins only after officers activate their equipment and arrive at the scene.
That is why experienced criminal defense attorneys evaluate the evidence as a whole rather than drawing conclusions from one photograph, one statement, or one police report.
Common Misconceptions About Domestic Violence Charges
Over the years, I have heard many of the same questions from clients who are frightened and uncertain about what lies ahead.
“The alleged victim wants to drop the charges.”
Many people assume that ends the case.
It usually does not.
In Virginia, criminal charges are prosecuted by the Commonwealth—not by the person who reported the incident. While the prosecutor may consider the wishes of the alleged victim, those wishes alone do not determine whether a case continues. For more, see Can Domestic Violence Charges Be Dropped in Virginia?
“There were no visible injuries.”
Visible injuries are not required in every prosecution.
Some cases involve obvious physical injuries. Others involve very little physical evidence. Every case depends on the totality of the evidence presented to the court.
“The police never saw what happened.”
In most domestic violence cases, officers arrive after the incident has ended. They investigate by interviewing witnesses, documenting injuries, reviewing evidence, and evaluating the circumstances they observe upon arrival.
“We were both arguing.”
Arguments happen in many relationships.
The issue before the court is not whether people argued. The issue is whether the Commonwealth can prove beyond a reasonable doubt that a criminal offense occurred. When both people are accused of getting physical, read what Virginia law says about mutual combat.
“I already explained everything to the police.”
Many people believe that once they tell their side of the story, the matter will simply be resolved.
Sometimes that happens.
Often it does not.
Statements made during a criminal investigation may later become evidence. Understanding your legal rights before making important decisions is often one of the most valuable things you can do after an arrest.
Why Every Case Is Different
One of the most important lessons I have learned during more than 31 years handling criminal cases is that no two domestic violence prosecutions are ever exactly alike.
Two people may be charged under the same statute on the same day in the same courthouse, yet experience entirely different outcomes.
Why?
Because every case turns on its own facts.
The credibility of the witnesses.
The history of the relationship.
Body-worn camera recordings.
911 calls.
Text messages.
Medical records.
Photographs.
Independent witnesses.
Evidence that may never appear in the initial police report.
Sometimes the strongest evidence supports the prosecution.
Sometimes it supports the defense.
Sometimes the most important evidence is discovered only after a careful investigation has begun.
That is why I have never believed in making predictions after reading only an arrest warrant or listening to a brief summary over the telephone.
Meaningful legal advice requires a careful review of the evidence, an understanding of the law, and a complete picture of the circumstances surrounding the allegation.
Only then can an attorney begin evaluating the strengths, weaknesses, and realistic options available in a particular case.
What Happens After a Domestic Violence Arrest?
For many people, the most difficult part of a domestic violence case is not the trial.
It is the days immediately following the arrest.
One day you are living your normal life.
The next, you are trying to understand a criminal justice system you have never experienced while worrying about your family, your career, your reputation, and your future.
Many clients tell me they remember only pieces of those first few hours.
The police arriving.
Being questioned.
Being handcuffed.
Standing before a magistrate.
Then suddenly being released with a court date and more questions than answers. I walk through those first hours in What Happens at a Domestic Violence Arrest in Virginia.
Can I Go Home?
After many domestic violence arrests, an Emergency Protective Order is issued.
That order may prevent you from returning to your home or contacting the other person involved, even if you own the home or your belongings remain there.
Violating a protective order can result in additional criminal charges, so it is important to understand exactly what the order requires.
What About My Children?
For many parents, this is their greatest concern.
Every protective order is different, and every family situation is unique. Before making decisions involving your children, it is important to understand what the court has ordered and what restrictions, if any, apply.
If you are also in a custody or divorce case, see Domestic Violence Allegations in Custody and Divorce Cases. If the charge came from disciplining your child, see Can Parents Discipline Their Children in Virginia?
Will I Lose My Job?
An arrest does not automatically end a career.
However, government employees, military personnel, licensed professionals, healthcare workers, teachers, and individuals with security clearances may face additional concerns that should be addressed early in the case.
What Happens at My First Court Date?
Many people expect their first appearance to be a trial.
It usually is not.
In Fairfax County, the initial hearing often addresses procedural matters and schedules the next stage of the case. During that time, your attorney should already be reviewing the evidence, identifying legal issues, and preparing your defense.
The most important work frequently occurs long before anyone testifies in court. If you are not sure which court your case is in, see Which Court Will Hear My Case in Virginia?
You Do Not Have to Face the Process Alone
One of the greatest benefits of understanding the criminal justice system is that uncertainty begins to disappear.
When you understand what is happening and why, fear is gradually replaced by preparation.
Over the years, I have represented many people who believed their future had already been decided on the day they were arrested.
Once they understood the process, reviewed the evidence, and developed a strategy, they were able to make informed decisions instead of reacting out of fear.
No attorney can honestly promise a particular outcome.
What an experienced attorney can do is help you understand the law, evaluate the evidence, protect your rights, and guide you through every stage of the criminal justice process.
More Serious Domestic Violence Charges
While Assault and Battery Against a Family or Household Member (Virginia Code § 18.2-57.2) is the charge filed in most domestic violence cases, some allegations involve more serious felony offenses.
One example is Strangulation or Suffocation (Virginia Code § 18.2-51.6). Prosecutors may pursue this charge when they believe the evidence shows that a person’s breathing or blood circulation was intentionally impeded. These cases often involve detailed medical evidence, photographs, body-worn camera recordings, witness testimony, and expert opinions regarding injuries.
Another serious offense is Malicious Wounding or Unlawful Wounding (Virginia Code § 18.2-51). These charges generally involve allegations of more significant bodily injury and require prosecutors to prove additional legal elements beyond those found in a misdemeanor assault case.
Because these felony offenses present unique legal issues and potentially severe penalties, I have devoted separate pages on this website to each offense. If you are facing one of these charges, I encourage you to review those resources for more detailed information.
Why Clients Choose Sheryl Shane
When your freedom, your reputation, and your future are at stake, choosing the right attorney matters.
For more than 31 years, I have handled criminal cases — and devoted my practice to defending individuals charged with crimes throughout Northern Virginia, with a primary focus on Fairfax County.
Criminal defense is not simply one of several practice areas in my office—it is the work I have dedicated my professional life to.
I intentionally maintain a boutique practice because I believe every client deserves direct access to the attorney handling the case.
When you hire my office, your case is not passed from one lawyer to another or managed primarily by staff. I personally review the evidence, meet with my clients, develop the defense strategy, negotiate with prosecutors when appropriate, and prepare every case as though it could ultimately be presented in court.
Preparation has always been one of the cornerstones of my practice.
Domestic violence cases often involve far more than an arrest warrant or police report. Body-worn camera recordings, 911 calls, medical records, photographs, text messages, witness statements, and digital evidence frequently become important parts of the case. Understanding how those pieces fit together often makes the difference between assumptions and informed legal strategy.
Just as importantly, I believe clients deserve honesty.
If I believe the evidence presents significant challenges, I will tell you.
If I believe there are legal or factual issues that deserve aggressive investigation, I will explain those as well.
My role is not to make promises that no attorney can ethically guarantee.
My responsibility is to provide experienced guidance, answer your questions honestly, protect your rights, and help you make informed decisions throughout the criminal process.
An arrest may become one of the most stressful experiences of your life.
It does not have to define the rest of it.
Frequently Asked Questions
Can the alleged victim drop the charges?
Not necessarily. Criminal charges in Virginia are prosecuted by the Commonwealth. While prosecutors may consider the wishes of the alleged victim, that person does not control whether the case proceeds. See Can Domestic Violence Charges Be Dropped in Virginia?
What if this is my first arrest?
Many domestic violence defendants have never been arrested before. Although a clean record may be an important consideration, every case is evaluated on its own facts and evidence.
Will my case automatically go to trial?
No. Some cases are dismissed. Others are resolved through negotiation or other lawful resolutions. Some proceed to trial because important factual or legal issues remain in dispute.
What if there were no visible injuries?
Visible injuries are not required in every case. Courts consider all of the admissible evidence, including witness testimony, photographs, recordings, medical records, and other relevant information.
Should I talk to the police after I have been charged?
Every situation is different. Before making statements that may affect your case, it is generally wise to understand your legal rights and obtain legal advice.
How soon should I contact a lawyer?
The earlier an attorney becomes involved, the sooner evidence can be reviewed, important issues identified, and strategic decisions made as your case moves through the court system.
What if I have a security clearance or professional license?
Government employees, military personnel, licensed professionals, healthcare providers, teachers, and others may face concerns beyond the criminal charge itself. These issues should be considered early when developing an overall defense strategy.
Can a domestic violence conviction affect my future?
Depending on the circumstances, a conviction may have consequences that extend beyond the courtroom, including employment opportunities, professional licensing, immigration issues, firearm rights, and personal reputation. Every case is different, which is why obtaining experienced legal advice early is important.
Speak With an Experienced Fairfax Domestic Violence Defense Attorney
If you have been charged with Assault and Battery Against a Family or Household Member (Virginia Code § 18.2-57.2), Strangulation or Suffocation (Virginia Code § 18.2-51.6), Malicious Wounding or Unlawful Wounding (Virginia Code § 18.2-51), or another domestic violence-related offense, you do not have to face the criminal justice system alone.
The days immediately following an arrest are often filled with uncertainty, but they are also some of the most important. Decisions made early in a case can influence the evidence that is preserved, the strategy that is developed, and the options available as your case moves forward.
If you would like to discuss your situation, I invite you to contact my office for a confidential consultation. Together, we can review the allegations, discuss the evidence, answer your questions, and begin developing a strategy tailored to your individual circumstances.
About the Attorney: Sheryl Shane
Sheryl Shane is a Virginia criminal defense attorney with more than 31 years of criminal defense experience, defending clients throughout Northern Virginia since 2000 with a primary focus on Fairfax County. A former arbitration judge and Guardian ad Litem, she maintains a boutique practice and personally handles every case she takes—from the first consultation through final resolution. Her office is located just minutes from the Fairfax County Courthouse.
This page was written and reviewed by Attorney Sheryl Shane and reflects Virginia law current through the 2026 Special Session I.
Contact Sheryl Shane
Sheryl Shane
Fairfax Domestic Violence Defense Attorney
Virginia Criminal Attorney
Office Address
4015 Chain Bridge Road
Fairfax, VA 22030
Phone
Although my office is located in Fairfax County, I represent clients throughout Northern Virginia, including Fairfax, Arlington, Loudoun, Prince William, Alexandria, and surrounding jurisdictions.
Every domestic violence case begins with questions. My goal is to help you find answers. If you have been charged with domestic violence in Fairfax County or anywhere in Northern Virginia, I invite you to contact my office for a confidential consultation. Together, we can review the allegations, evaluate the evidence, discuss your options, and begin developing a thoughtful legal strategy designed to protect your future.
This page provides general information about Virginia law and is not legal advice for any specific situation. Reading it, or contacting Virginia Criminal Attorney through this website, does not create an attorney-client relationship, and information sent before a formal engagement is established may not be treated as privileged or confidential.