Fairfax Virginia Reckless Driving Divorce DUI Traffic Child Custody Laws|Lawyer County

Assault Family Member Virginia Fairfax Attorneys Violation Code 19.2-271.2

Assault On A Family Member Defense In Fairfax – Virginia Lawyers

There are many different penalties for Assault On A Family Member charges in Fairfax Virginia.

If you have been charged with Assault On A Family Member in Fairfax Virginia, contact our firm immediately for help.

Assault On A Family Member Defense In Fairfax Virginia
Assault On A Family Member Defense In Fairfax Virginia

Assault On A Family Member Defense In Fairfax Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

James v. Commonwealth

Facts:

Defendant moved for the court to prohibit his wife from testifying against him in his trial for possession of a firearm after having been convicted of a felony. Defendant contended that because the charge against him was a violation against the Commonwealth and not a violation against his wife, or another of the enumerated exceptions listed in Va. Code Ann. § 19.2-271.2, that she should not be allowed to testify against him. The court held that because of the exception in § 19.2-271.2 which allowed a spouse to testify in a proceeding for assault on a family member (domestic assault), once defendant’s wife testified at defendant’s earlier criminal trial in domestic relations court, the information was made public.

If you are facing an assault on a family member case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • In any criminal proceeding, a spouse shall be allowed to testify against the defendant spouse, if he or she so desires. However, no spouse may be compelled to testify against the other spouse if he or she does not want to.
  • While the court recognizes that “communication” includes conduct, acts, signs and spoken or written words, it also recognizes that this conduct or act must impart knowledge or information to the other spouse in order to be considered a “communication.” Furthermore, this “communication” must be such that it was intended to be private or confidential.

Assault On A Family Member Defense In Fairfax Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Courts we cover in Fairfax, Virginia

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

Article written by A Sris
Click to Chat

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.

Scroll To Top