Get free answers to your Domestic Violence legal questions from lawyers in your area.
My boyfriend had arrested and then bailed out the same night. He goes to trial tomorrow. He's innocent. He was defending himself against his brother who was attacking him. What will happen tomorrow?
answered on Dec 6, 2019
Your BF has a defense if he was defending himself. If the judge believes your BF’s story, the charge will be dismissed.
From home security that shows him trying to get my phone because he seen a message on my phone to another man. We have been together for 12 years. I went to hospital 2 days later and have 2 broken ribs and a dislocated rib. He had been drinking and acted in the heat of the moment. Will he get out... View More 
answered on Nov 21, 2019
Speak to the prosecutor about wanting him home and the charge being reduced. The problem is, the prosecutor won’t want to risk your BF hurting you again or your son.
I was arrested for a domestic violence assault charge. We were both highly intoxicated she kept changing her stories to police and had no injuries. I was arrested and taken to the magistrate and released on a summons. My question is will I go to jail or have to have a bond on my first court date?
answered on Nov 17, 2019
You already have bond; that’s what released on a summons means. At your next court hearing you will be asked if you will be hiring your own attorney or not and a trial date will be set.
answered on Jun 20, 2019
Rule 2:504 SPOUSAL TESTIMONY AND MARITAL COMMUNICATIONS PRIVILEGES (Rule 2:504(a) derived from Code § 8.01-398; and Rule 2:504(b) derived from Code § 19.2-271.2)
(a) Privileged Marital Communications in Civil Cases.
1. Husband and wife shall be competent witnesses to testify for... View More
He also attended anger management and paid fees. He assumed it was automatically dismissed after completion only to find out years later it wasn’t. Is there anything he can do?
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answered on Apr 10, 2019
If he can show it was supposed to be dismissed and he complied 100 percent then yes. He has to show it was essentially a clerical error.
I have sole physical & legal custody, visitation reserved to father, at mother’s discretion, since 2017. My child father attacked me when he dropped her off to my home, after having her for the weekend. DV has been an ongoing issue for years, and my daughter show signs to be traumatized. So I... View More
answered on Mar 9, 2019
I have moved your question to family law because that is the area of law you have a question about. Domestic violence and criminal law is for those charged with offenses in those areas and requiring answers related to such.
It was in 1993 and they don't even have the charges no more or the papers
answered on Jan 30, 2019
Under current Virginia law, a conviction cannot be expunged no matter how much time has passed. We need the legislators to change that!
Bf was arrested on DV class 6 felony charges however i (the victim) does not want to proceed with the court process. I will not recant any prior statements made to police because they were true, however may have been exaggerated in the heat of the moment. I want to know how possible it is to either... View More
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answered on Jan 12, 2019
DV cases are tough. Stay safe. As for what you can do, it's out of your hands and it is up to the prosecutor/judge. You can retain some lawyers to discuss theoretical scenarios of what a person in that situation might do. You don't want to be prosecuted yourself. Stay safe and good luck.
Domestic assault and battery
Falsifying police report saying someone stabbed you and there's evidence to back it up
answered on Jan 10, 2019
It's impossible to say with the little information that you've given. Make sure that you have an attorney to represent you. Your attorney will be able to go over all the facts of the case with you and advise you.
We have a son together but are not married. I bought my house when him and I were not together. The mortgage and bills are all in my name and only I pay for the bills. He is verbally abusive and will make threats to hit me. I have a couple recordings on my phone, but i am not sure if they will hold... View More
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answered on Oct 26, 2018
There are several potential issues. For safety reasons you may be able to get a temporary restraining order based on threats. From a perspective of landlord/tenant law he may very well be living in the home under a month to month tenancy and if that is the case you can give him notice to vacate and... View More
How can I drop the charges on my ex for assault and batter we both don’t come in contact and I don’t wanna testify
answered on May 12, 2018
You can’t drol the case. That decision os in the control of the Commonwealth’s Attorney. You can tell the prosecutor that you want to drop the charge and not testify, and the prosecutor might agree. But the final decision of whether or not to drop the case is going to be up to the prosecutor
Or is some type or probation or community service availabile I have a job I need to keep
answered on Apr 30, 2018
Shooting or throwng a missile at an occupied vehicle is a felony offense in Virginia. It carries the potential for prison tme amd other serious consequences resulting from a felony conviction.
You should not discuss any other facts of this case on this or any other pblic forum. I strongly... View More
Evidence which was shown to the magistrate which led to the summons. What if the text messages and pictures are my only proof because the videos are gone of the assault?
answered on Apr 29, 2018
If you don't have an experienced criminal defense attorney, you need to hire one now. You have presented some good cross examination information!
Won't testify cause she doesn't remember details
answered on Apr 9, 2018
What is your question?your son should discuss the issue with his attorney.
The girlfriend has no authority to determine how the case proceeds. The Commonwealth’s Atorney is in control of prosecuting thr case. The girlfriend can talk to the prosecutor about her desire to have this... View More
Can the magistrate be notified to have the case dropped if the victim isnt interested in pursuing legal action.
answered on Mar 6, 2018
Once the police or magistrate got involved, the situation is no longer in the control of the victim. It is now the prosecutor who the victim needs to convince to drop the charge. Generally speaking, prosecutors don't like to drop domestic assault charges, so to have any chance at obtaining... View More
There is a no drop policy what should i do?
answered on Feb 28, 2018
You should contact the prosecutor's office. They will probably have someone working as a victim/witness coordinator. You should tell them about the case and how you'd like to see the case resolved. They are not obligated to drop the charges just because you want the charges dropped, but... View More
answered on Feb 26, 2018
The prosecutor essentially becomes your lawyer. If you want an independent legal opinion, you might want to hire a lawyer for that purpose.
I have a agg assault and robbery non domestic from when i was a teenager and in texas (19) im 29 now. I had been sober for months but relapsed one night drinking a
And argued with my brother and my mother called cops she told police she didnt want me to go to jail but mental health becauss... View More
answered on Feb 25, 2018
Hire the best local criminal defense you can afford. Keep up the great work in your struggle against substance abuse and coping with your mental illness. With these 2 actions, you have a good chance of getting the charges reduced.
I have no prior offenses of any kind. We were both intoxicated and do not remember the initial physical altercation. I did admit to being physical, but also did not elaborate on the extent of assualt to officers either. They did take a picture of sratches on his neck, which i dont recall doing. He... View More
answered on Feb 24, 2018
You called the police? Difficult in VA to get domestic charges dismissed. If you tell the Commonwealth (prosecutor) that you were drinking heavily that day and don’t recall your action but since nobody else was present, the scratches could be attributed to your actions, the charges might be... View More
CPS is wrongly accusing my niece of child abuse because her 2 month old has been sick
answered on Feb 22, 2018
Any attorney licensed to practice law in VA is deemed to be competent. You can go onto the VA State Bar website to see if the attorney you ultimately select has had any reports filed against him or her. Otherwise do your research: check out his or her website if there is one, read the client... View More
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