Licensed nurses in Virginia, as in other states, are held to certain standards that don't apply to many other members of the general public. Because of that, if you're a nurse working in Virginia and have been arrested for what Virginia calls a “family abuse” crime (also known as a domestic violence crime), or if a protective order has been issued against you, you may wonder what your obligations are to report either of those situations to the Virginia Board of Nursing.
Virginia, unlike some other states, does not require nurses to report allegations made against them that have not resulted in a criminal conviction. In cases where a nurse has been convicted of a crime, including a family abuse crime, whether or not to report the conviction to the BON can depend on a number of factors that can differ from case to case. The Lento Law Firm's Professional License Defense Team is here to answer your questions about your reporting obligations in connection with your Virginia nursing license. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation to discuss your case with one of our experienced attorneys and learn how we can help.
Family Abuse in Virginia
As noted above, Virginia law uses the term “family abuse” to describe crimes that, in other states, may be referred to as domestic violence. Family abuse has a specific meaning that is defined by Virginia law. It applies to certain crimes committed against a “family or household member,” which also has a specific legal definition.
“Family abuse” means:
- An action that involves “violence, force, or threat”
- That causes “bodily injury”
- Or causes the victim to have a “reasonable apprehension” of “death, sexual assault, or bodily injury”
- And is committed against a “family or household member.”
Crimes that can constitute “family abuse” include forceful detention, stalking, and criminal sexual assault, as well as any crime that puts the victim in fear of death, sexual assault, or bodily injury.
The definition of “family or household member” is similarly broad. It includes:
- Spouses and former spouses
- Parents, stepparents, children, stepchildren, siblings, half-siblings, grandparents, and grandchildren
- In-laws, including the accused person's mother- and father-in-law, brother- and sister-in-law, and daughter- and son-in-law
- Anybody that the accused person has a child in common with
- Anybody living with the accused person or who has lived with the person in the past 12 months, as well as the children of the person with whom the accused person is or was living
- A juvenile, if the person accused is their legal custodian
Unlike some other states, Virginia does not extend the definition of family or household member or the concept of family abuse (or domestic violence) to dating partners or former dating partners, or to persons with whom the accused is or was in a sexual relationship with.
A first conviction of the crime of assault and battery against a family member is a Class 1 misdemeanor, the highest level of misdemeanor in Virginia. Penalties can include up to 12 months in jail and a fine of up to $2500. Alternatively, under certain conditions, the defendant can be placed on local community probation, which will include requirements that the defendant take part in and successfully complete educational or treatment programs that are determined to be necessary following a professional assessment.
If the defendant accused of assault and battery against a family member has previously been convicted of any one of a number of other violent crimes, their conviction can be a Class 6 felony, which can result in a prison sentence of 1 to 5 years. As noted below, a felony conviction also has immediate consequences for their Virginia nursing license.
If you are facing any kinds of allegations that you have committed family abuse or domestic violence in Virginia, you need to understand what your obligations are with respect to your nursing license in the event you are convicted. The Lento Law Firm's Professional License Defense Team can help you protect your license both while you are going through the criminal process as well as afterwards in the event there is conviction or you enter into a plea bargain with prosecutors.
Protective Orders in Family Abuse Cases
Virginia law allows someone to petition a court for a protective order if they are or “have been, within a reasonable period of time, subject to family abuse.” In addition to prohibiting the target of the protective order (called the “respondent”) from committing “acts of family abuse or criminal offenses that result injury to person or property,” the protective order will typically restrict the respondent from having contact with the person who requested the order, as well as with that person's family and household members. It can also restrict the respondent from living in their own home if that home had formerly been shared with the petitioner or can require the respondent to provide the petitioner with alternative housing. The petitioner can be given exclusive use of a jointly-owned vehicle; give them possession of one or more pets; and can provide “Any other relief necessary for the protection of the petitioner” and their family and household members.
Preliminary protective orders are just that – preliminary. They will normally be followed by a hearing unless an agreement is reached to convert the preliminary order into a permanent one.
A court can also issue a protective order in connection with criminal family abuse cases. This can happen during the case, before there has been any determination of the defendant's guilt or innocence.
Protective orders are not criminal matters, but they are enforced by local law enforcement. A violation of a protective order is considered contempt of court and can be prosecuted as a crime. However, the level of proof required before a court issues a protective order is lower than the level of proof required to convict someone of a crime. A defendant in a criminal case must be found guilty “beyond a reasonable doubt” – a high standard. To issue a protective order, the judge only needs to find that a “preponderance of the evidence” supports the allegation that the respondent has committed family abuse – in other words, that it is more likely than not that family abuse occurred. This is a significantly lower standard.
Family Abuse Charges, Protective Orders, and Your Nursing License
Virginia does not require licensed nurses to report to the BON when they have been charged with a family abuse crime or when a protective order has been issued against them that alleges family abuse. It is only in cases where the nurse is convicted of a crime and the crime rises to the level of a felony that there are consequences for the nurse's license. While there is no explicit requirement that the nurse report their felony conviction to the BON, state law does require court clerks across Virginia to report felony convictions of defendants holding nursing licenses (as well as other health care licenses) to the director of Virginia's Department of Health Professions.
When the BON receives a report that a nurse has been convicted of a felony – any felony, and from any state, not just Virginia – the BON is required by state law to “immediately suspend, without a hearing,” the nurse's license. This automatic suspension is not something that can be negotiated. That said, in relatively rare cases where the “conviction has not become final,” and there is a “likelihood of injury or damage to the public” if the nurse's services are “not available,” the BON has the power to delay any automatic suspension until the conviction is final.
A nurse whose license is automatically suspended due to a felony conviction can immediately apply to have it reinstated. That process can take several months. The nurse is entitled to a formal hearing, and at the hearing the BON is able to consider “other information about possible violations of Virginia law” in addition to the conviction that caused the suspension in the first place.
That last bit is important. If you are convicted of a felony offense and, your nursing license is automatically suspended and other criminal charges are pending against you, those criminal charges can be considered by the BON if you apply to have your license reinstated.
This is why if your license has been automatically suspended because of a felony conviction and you want to petition to have it reinstated, you need the help of an experienced attorney from the Lento Law Firm's Professional License Defense Team. We will work with you to prepare and submit the petition, and to support your petition with all of the helpful evidence that applies in your case and with strong arguments in favor of reinstatement. Before any hearing we will work with you to prepare you for any questions that the BON may have for you, and will be there with you at the hearing to vigorously argue for your license to be reinstated.
Disciplinary Proceedings as a Result of Family Abuse Allegations
One situation that may result in you facing disciplinary proceedings in Virginia is if someone files a complaint against you based on allegations that you've committed family abuse. Anyone is free to file a complaint against a nurse in Virginia, though not every complaint results in an investigation or a nursing disciplinary proceeding. There are no limitations on the kinds of allegations that can be made in a misconduct complaint.
If the BON receives a complaint that you've been accused of or charged with family abuse – whether because an order of protection has been issued against you or because criminal charges have been filed against you – it will be up to the BON to decide whether to investigate the situation and then whether to bring disciplinary charges against you.
Whether the BON decides to take up a case depends heavily on what the allegations are. If the BON elects to investigate the allegations, the matter will be assigned to an investigator who is likely to interview you and to collect information about the allegations, such as court records relating to the order or protection or the criminal court filings related to the charges you're facing. If you're working with one of the attorneys from the Lento Law Firm's Professional License Defense Team, you'll have someone on your side with experience in these kinds of proceedings who can prepare you for your interview and be there with you for the interview, helping to make sure your rights are respected by the BON's investigator.
We can also prepare responses to questions that the investigator has and make sure you meet your obligations to cooperate with the BON during the investigation process.
Once the investigation is complete, the BON will decide whether to charge you with misconduct, or whether to drop the matter. If you face misconduct charges, we can negotiate on your behalf with the BON to resolve them in a way that is as favorable as possible. If we are unable to do so, your case will likely proceed to a hearing, where we will vigorously protect your rights and defend you against the misconduct allegations you're facing.
While misconduct proceedings based on unresolved criminal charges or orders of protection are rare, the Lento Law Firm's Professional License Defense Team has the experience to help defend you, just as we do in any situation where a nurse is facing misconduct allegations in Virginia.
The Lento Law Firm Can Help If You Face Family Abuse Allegations in Virginia
If you are a nurse who has been accused of family abuse, whether you're facing criminal charges or a petition for a protective order against you has been filed, the Lento Law Firm's Professional License Defense Team can help. Our attorneys understand your obligations as a registered nurse in Virginia, and we will make sure you meet any legal requirement imposed by the state or by the Board of Nursing in connection with the charges you face.
If you're convicted and the conviction results in an automatic suspension of your license, our experienced attorneys are here to work side by side with you to prepare and file a compelling petition to reinstate your license and to effectively represent you at your reinstatement hearing. We regularly help nurses all across the country – including in Virginia – respond to misconduct allegations, investigations, and proceedings, and we are here to help you, too.
Call the Lento Law Firm's Professional License Defense Team if you have any questions about your nursing license in Virginia or are facing any kind of disciplinary investigation or proceeding that can jeopardize your ability to make a living as a nurse. We can be reached at 888.535.3686, or you can fill out our contact form, and we will schedule a confidential consultation with one of our experienced attorneys. Your Virginia nursing license is important to your livelihood and your future – let us help you protect it!
