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

Q: If a family member calls the police on you in a heated argument and domestic assault becomes a charge

without them wanting legal action, what is typically the result of this?

1 Lawyer Answer
David G. Parker
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  • Criminal Law Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: The situation you have described is not uncommon. The cooperation of the alleged victim in a domestic violence case isn't always necessary; not "wanting legal action" does not prevent the prosecutor from calling the alleged victim as a witness at trial. In some cases where no helpful testimony is available from the alleged victim, the prosecutor may still rely on the testimony of other witnesses, photographs or videos of any injuries, and/or any statements of the accused to pursue the charge. But whether or not that will be the case in your situation is hard to say; it will depend on the available evidence, the prosecutor's discretion, and possibly other factors.

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