Chesapeake Domestic Violence Defense Attorney
Studies show that every year, millions of people are falsely accused of domestic violence. This fact is harmful on many levels. First, the accused can face stiff criminal penalties for a crime they did not commit. Second, the allegations stay on background checks, making it more difficult to secure work or housing. Also, domestic violence is a crime that most people find intolerable. Accusations can ruin your reputation and cause the loss of friendships and family ties.
If you’ve been accused of domestic violence, you need help right away. Our team can help provide a criminal defense for you. You have the right to preserve your innocence and reputation, and we are here to help you exercise that right. Our lawyers have years of experience in various practices. We have the knowledge and skill to prepare a solid defense for your case.
For domestic violence defense lawyers in Chesapeake, trust the team at The Law Offices of Daniel J. Miller. You can schedule time with us online today.
What Defines Domestic Violence?
Violence can happen between any two strangers, so categorizing assault as “domestic” requires certain qualifications. Essentially, “domestic” violence is dependent on the relationship of the people involved.
Domestic violence can happen between:
- Family Members
Even if you are estranged from a relative, if a fight breaks out between the two of you, you could be charged with domestic violence. - Intimate Partners
It doesn’t matter if the relationship is long over, and you haven’t seen one another in years. Technically, you could be accused of domestic violence against someone with whom you had a one-night-stand. - People Who Live Together
This can include roommates who have no relationship outside the home.
As you can see, the definition of domestic abuse is much broader than just an abusive wife or husband. Prosecutors can use this broadness against you, making charges more severe. For instance, you could get into a fight with a sibling you haven’t seen in years. The authorities can use your biological relationship to accuse you of domestic violence, even though you have no regular interactions with this person.
Our team is here to help prosecutors stick to the facts. We can help show the court that, even if an altercation did break out, it should not qualify as a domestic violence charge.
Furthermore, we can use our investigative skills to challenge the evidence against you. Our system is designed to convict only when there is no reasonable doubt in a case. If there are holes in the prosecution’s claims, we can help expose them and show that there is reason to doubt your guilt.
Domestic Violence Penalties in Virginia
For a First or Second Offense in 20 Years
Class 1 misdemeanor; up to 12 months in jail; fines up to $2,500
For Three or More Offenses in 20 Years
Class 6 felony; prison between 1 and 5 years; fines up to $2,500
Officer Discretion in Virginia
In our state, officers have the right to arrest you on a domestic violence charge, even if the alleged victim says you are innocent. Police can rely solely on their instincts to make an arrest. Ostensibly, this rule is there to help protect someone who is too afraid to speak up. In practice, however, it can lead to false arrests.
Our team is here to investigate the details of your case and examine the evidence against you. If a case boils down to your word vs. an officer’s gut feelings, we can help expose the clear lack of probable cause. Furthermore, we are prepared to question an officer’s motives. If they appear to be fueled by prejudice, we are not afraid to make this argument in court.
If you’ve been accused of domestic violence in Chesapeake, our team of attorneys is here to help defend you. For a free consultation, call us today at (757) 267-4949, or contact us online.
Read Our Client Testimonials
At The Law Offices of Daniel J. Miller, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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- B. Baby
Call Dan Miller now - you need look no further for the best divorce attorney in Hampton Roads. Divorce is not an easy situation but it is even worse if you do not have good representation.
I was in the midst of a divorce and my case was with a firm that was not representing me fairly and not answering my questions. I was at a loss and dreaded going to court. Then a friend told me of Dan Miller. I wish I had found this firm in the beginning! From the first hour of turning my case over to this office I stopped worrying. I knew I had made the right choice and my case was in good hands. Dan Miller was professional, and he fought for me and I was very happy with the way he handled my case. I would highly recommend him to anyone!
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Mr. James Weaver and his team are true professionals. From the start, he was honest and straightforward. He always stayed positive with me and kept me calm when I thought everything was going horrible. Mr. Weaver got me the best outcome possible in my situation. I highly recommend him to anyone looking for a great lawyer.- S. Bohrer
I hired Mr. Weaver for my family law issues. -
I hired Mr. Miller initially for a bond hearing . I decided to retain his services for the case itself . I was facing two felony charges as well as a failure to appear charge . While there were witnesses that were able to identify me, I walked out of Virginia Beach Courthouse with only a misdemeanor thanks to Mr. Miller's representation . I work in the healthcare profession and expressed to Mr. Miller the importance of avoiding a felony charge and he made it happen. I am forever grateful and will highly recommend him . Mr. Miller will always represent myself as well as family members if need be in the future . Again thank you Mr. Miller for using your knowledge to keep me from being a convicted felon and also saving my career.- C. Dickens
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- T. Neilan
Excellent Attorney!
Daniel J. Miller is an absolute pleasure to speak with and conduct business with! Very intelligent, knowledgeable of the law, friendly, and professional! I was very pleased with the outcome of my case and will be hiring him for my future legal needs.
I highly recommend Daniel J. Miller for your legal issues and needs.Don't let cost be a detractant, you get what you pay for. And Premium Representation comes with a premium cost, but is well worth it!
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Mr. Miller and his team worked diligently on my case and I am forever truly greatly. It was a long process but with prayer and fasting, I had faith in Mr. Miller and his team to get the results that I prayed for. They were straight forward and very patient at the same time. My husband is the one who search for lawyers/attorneys and Mr. Miller was the first and only choice. I can't say enough how grateful I am for all your hard work and fight that you did behind the scenes. God bless you Mr. Miller and your whole team.- M. Sellers
A Track Record of Success
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Protective Order
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Pre Litigation Defense – Rape
Our client was the respondent of a protective order wherein the petitioner alleged that she was raped. She sought a two-year protective order and was seeking to have detectives assist in securing warrants against him. We suspect that the admissions made on cross-examination by the alleged victim at the hearing will prevent the Commonwealth from bringing any charges.
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Protective Order
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Driving Under the Influence 4th Offense– Bond Hearing
Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.
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Violation of Protective Order – Appeal
Our client was under a protective order to have no hostile contact with his family. The Commonwealth alleged that based upon several text exchanges that he had threatened his teenage children. Without the assistance of counsel, he received 90 days of active incarceration in lower Court. On appeal we were able to reduce his confinement to 24 hours – time served.
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Breaking and Entering with Intent to Commit Misdemeanor
Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.