Probation and Dismissal under 18.2-57.3
We also recognize that not all cases present facts that make it possible to obtain dismissal of the charges through negotiation or trial. If our clients find themselves in a difficult position, Virginia law allows for deferral and dismissal of first offense domestic assault charges through a formal court program. Virginia Code § 18.2-57.3 governs dismissal of first offenses. That code section states that first offenders, if they plead guilty or are found guilty after a trial, are eligible to have their cases dismissed. To obtain a dismissal, the accused must complete probation through the local community-based probation department. The probation department will require the person to complete an anger management program or any other program, including substance or alcohol abuse treatment, that they determine is necessary. Additionally, the individual must be of good behavior for a period of two years. If the person successfully completes the required programs and is of good behavior, then the judge will dismiss the case.