Q: If the state of VA does not have a defendant to press charges does that mean the state does not have a case?
arrested for "assault on family member"
Officer stated that VA code requires someone to be arrested if the police are called for a domestic issue. My husband threatened to leave with our child. I pulled his shirt to stop him and also beeped his horn so a neighbor would assist. They called the police. Police came and questioned us both separately. Everyone to include witness stated the same. That I stated, "don't take our son" and pulled his shirt trying to stop him. However, I did not have the strength to stop him and he was able to leave. The police report states the same. My husband is not pressing charges because I did not physically or verbally abuse/ assault him. I have a pending court date. Does the state have a case? Do I need a lawyer? Thank you.
A:
It is not unusual in family abuse cases for the complaining witness to decline prosecution, after thinking the matter over. Nevertheless, a criminal offense is considered an offense against the state, not between two private parties, and the state could compel a witness to testify against that witness's wishes. Often, a family abuse case will be nolle prossed or dismissed the first time. If the parties have a prior history of assaults and batteries, the Commonwealth's Attorney may still prosecute the matter.
What may be persuasive in your case is the alleged victim's right to take the child.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
