Manassas, VA criminal defense attorney Steve Duckett talks about what the law in Virginia says regarding domestic violence and how it is handled by the courts. He explains that in Virginia, as in many other states, the law requires police to make an arrest when they respond to a domestic dispute and develop probable cause that an assault has occurred. Officers have no discretion in these situations—if an assault is identified, the individual responsible must be arrested, regardless of whether the alleged victim wishes to press charges.

This scenario frequently arises when one spouse is intoxicated and refuses to leave the home. Even minor actions—such as grabbing a phone or throwing an object—can constitute assault. In these cases, police must make an arrest, even if no one initially wanted law enforcement involvement.

Once such cases reach court, however, he notes that prosecutors often take the circumstances into account. For less severe incidents, they may consider alternatives such as anger management or substance abuse counseling. With appropriate compliance, charges can often be reduced or dismissed through a deferred disposition, provided the parties maintain good behavior.