Richmond, VA asked in Criminal Law and Domestic Violence for Virginia

Q: My ex abused me for a year and a half straight, and physically assaulted me a year and eight months ago.

I just got an EPO against him for stalking and harassing me. I have the screenshots of the recent event that caused me to get the EPO, and still have evidence from when he attacked me with screenshots of him admitting to hitting me, pictures of bruises, and verbally abusing me,

he got arrested that night for public intoxication which I also have screenshots of the charges, and him admitting to using drugs and alcohol under the age of 21. Can I use that in court for the preliminary protection order even from it being that long ago? And could I still press charges on him for what he did even after I lied (and would be counteracting my statement) to the cops almost two years later? I was scared to say anything until recently. I also have medically diagnosed ptsd because of him.

1 Lawyer Answer
Shemeka C Hankins
Shemeka C Hankins
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: unfortunately, it depends would be the lawyer answer here. It depends on how extensive the physical abuse was - if it involved strangulation (choking) you, that's a felony and could be punishable at any point. There will be an issue obviously with your recanted statement but you could still go forward. However, if it was pushing, shoving or regular hitting without major injury, that's an assault and battery which is an misdemeanor which you have to prosecute within a year of it happening. You can use all the information you have in the protective order hearing however. I would sit down with an attorney who can help you with obtaining the protective order when you have a hearing for the permanent one.

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