Get free answers to your Domestic Violence legal questions from lawyers in your area.
Husband charged with strangulation. I’ve spoken to state attorney to let them know I don’t want to proceed. But they’re refusing a bond and pushing for 4tears this is his first domestic charge. What should I do
answered on Dec 30, 2020
Calling the police and giving them a statement took this out of your hands. Try working with your husband’s attorney to see what you can do to help your husband.
My son, daughter and I have spoken to Guardian ad litem and explained what occurred. What are our rights that we don't want to go to court?
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answered on Nov 27, 2020
If there is a subpoena for you to go to court you must go to court.
Is it possible to get out of the subpoena? I witness a domestic abuse case and had some video footage. I have not yet submitted it to the officer
answered on Nov 10, 2020
You can definitely be subpoena by the officer or the Commonwealth Attorney's Office. If the subpoena actually comes, there isn't a way to get out of it as its a court order. If it comes from the prosecutor's office, you can actually contact them and tell them your position about... View More 
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... View More
answered on Nov 10, 2020
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... View More
Fiance received a ruling of good behavior for 2 years and the judge made the decision on June 1st. Well my fiance got a dwi while he was awaiting trial for the domestic violence. IF the judge made the ruling of 2 years good behavior, can the judge use the dwi against him, or would it even count if... View More
answered on Oct 12, 2020
Typically, an offense that occurred before the judge's order will not violate the "general good behavior" order.
The police came out at 5:00pm (the incident happened the night before and I decided to not call the police.) Initially I said that I didn’t want to talk about what happened with them then the police said the person made accusations that I placed my hands on them and I needed to tell my side. I... View More
answered on Oct 12, 2020
This is highly unlikely. If the police responded and no one was arrested, it is unlikely a report will make it's way to the Commonwealth Attorney's office. Charges have to start in the system via going through the magistrate or a report to the Commonwealth Attorney's office to... View More
answered on Oct 8, 2020
Unfortunately, the answer is "it depends." There may be ways for the case to be proven without their testimony if the police were involved. They may not assert their fifth amendment privilege correctly and the court may compel them to answer the question or face contempt. It sounds like... View More
One was back in 2007 or 08. The other was 2018. Both Dismissed
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answered on Sep 10, 2020
You will need to get both Charges also EXPUNGED from your record. Dismissals do not also include erasing the charges from your criminal record. You will probably need a competent attorney, and I recommend calling the NRA for a referral.
to the common wealth attorney & the prosecutor that I'm no interested in pursuing charges do I still need to be at the preliminary hearing
answered on Aug 14, 2020
If you are given a subpoena, you are required to go to court. If you have concerns about testifying as a witness for the prosecution (commonwealth's attorney), you may want to reach out to a local attorney to discuss your legal options.
My boyfriend was charged with his first misdemeanor DV charge. The victim made a statement under the influence of alcohol and the police took pictures of arm scratches (did not break the skin). He has no criminal record. What will the court most likely rule? Will he go to jail?
answered on Jul 2, 2020
The answer to the question depends on a number of factors. Obviously with no criminal record and minimal injuries, things could be looked at very positively by the court. However, a domestic violence charge in Virginia carries up to twelve months in jail and up to a $2500 fine, if he is found... View More
1st DV case dismissed without any court proceedings. Victim didn't show, case dismissed.
2nd DV case 3 month later, prosecutor and judge used evidence from first dismissed case, to establish "history" and convict defendant, with bare minimum evidence for this new case.
answered on Jun 11, 2020
Typically, the answer to your question would be no unless they overcame an exception to the rules of evidence about patterns or modus operandi which means a method in which you operate to commit the crime. I would speak to your lawyer about what happened in court. You have a right to appeal... View More
My wife's paramour was found to have abused my children. I have full custody. The Protective order was issued after a Full Hearing was held with all parties present. The judge only issued it for 60 days so I could get it in front of my county's Custody court for a modification to make the... View More
answered on May 26, 2020
I regret that I do not handle protective order case or domestic relations matters. Sorry.
If person called police for domestic violence but nobody got arrested, does it show on the person record or just a file was reported?
answered on Apr 8, 2020
If there was no arrest, there should not be anything on a criminal record.
answered on Mar 14, 2020
Virginia Beach does permit a Nolle Prosequi/ dismissal with a first offense depending upon the circumstances of the case. There are factors that prohibit a dismissal and lead to a trial by a judge. Every case is different. When in doubt, hire a lawyer. The victim of the case is always permitted to... View More
I was intoxicated and argued with my husband and it got a little physical and was arrested for assault because he had a red mark on him .
answered on Feb 22, 2020
Likely you will be offered a first offender program: complete anger management, alcohol treatment if alcohol involved and maybe community service for dismissal of charge. Such a route is never eligible for expungement but at least a conviction is avoided.
Will they ask for a dna test since I got pregnant, can he still get in trouble if I gave consent
answered on Feb 11, 2020
Any adult person who has sexual contact with a minor can still be charged with a crime even if there was consent. Sounds like this person needs to consult an attorney regarding his rights and defenses to see if there is something he can do to minimize the charges against him. The court could ask... View More
One night, my girlfriend and I got into an argument, because she gave me her credit card to get juice, I ended up purchasing that along with a few items she wasn’t aware of. When she checked her bank she saw there was charges she didn’t recognize, as we drank alcohol she confronted me about it... View More
answered on Feb 7, 2020
Unfortunately, you have put your girlfriend in at tough situation. In most jurisdictions in Va, the Commonwealth Attorney's office will be involved on the case if she was charged with assault and battery against a family member. This will apply if you are in a relationship and having been... View More
And came back he was angry and I was afraid so I ran and when I ran I cut my legs up like by wood branches how ever he never touched me or pushed but they did charge him with simple assault... what can I do to help him I dont want longterm damage to his life we do have a child in common and I love... View More
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answered on Jan 11, 2020
It's up to the prosecutor to move forward or not. If you are the only witness then they would need your testimony to convict. It's best for you to probably retain a lawyer for an hour to go over everything with you.
She is still my girlfriend and is willing to come to court on my side .
answered on Jan 6, 2020
Even if this is a misdemeanor, if your case is assault and battery against a family member, there will be a lawyer on the other side for the Commonwealth Attorney's office who will prosecute your case. If that is the case, you really want to be careful about going in without an attorney... View More
My fiance and I had gotten into an argument and the neighbors heard us and called the police. We were yelling but no physical contact was made. I didn't press the charges nor did I testify how can I get this lifted so we can finally get married and see each other
answered on Jan 6, 2020
First and foremost, who is the protective order against? The person who asked for the restraining order can go to the court to petition to have it dissolved by the court. Most protective order require someone to request it. If it was a restraining order that arose out of this incident, those are... View More
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