Aldie, VA asked in Criminal Law, Personal Injury and Civil Litigation for Virginia

Q: My granddaughter (2 years old at the time) was physically abused by my daughters boyfriend Jan. of last year.

The commonwealth attorney has just notified us they are not going to charge him. Even DSS found him guilty at level 1 child abuse. What else can we do to get justice for her?

2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Alexandria, VA
  • Licensed in Virginia

A: I do not handle criminal law cases. Sorry.

Wilfred Yeargan
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Answered
  • Criminal Law Lawyer
  • Fairfax, VA
  • Licensed in Virginia

A: Depending on the facts, you may file a civil Petition for a protective order with the local courts to protect your family from the abuser.

This would prohibit the man from contacting the family for up to 2 years and he would be prohibited from owning or possessing a firearm during that period. Contact an experienced lawyer for a consultation.

If the prosecutor won't file charges, then a criminal case is not possible. You can also file a civil suit against the person for civil assault. This would be a claim for monetary damages. You can call my office with any questions at 703-352-9044.

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