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Virginia Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: My husband is being accused of kicking in a sibling of mines door , no one was present at the time b&e do i hve to test?

Also i told the police at the time that he was going to hit me so i got subpoenaed to his court , i don’t want to testify can they make me ?? Him and i are doing great now since it all occurred. Will he go to jail? He has no record previous to this

Susan Fremit
Susan Fremit
answered on Feb 22, 2018

Contact your husband's lawyer and tell him that you both are doing great now. The prosecutor will likely threaten you with filing a charge of contempt of court against you if you say you are not going to testify. You husband may qualify for the first offender program but he should speak to... View More

2 Answers | Asked in Child Custody, Criminal Law and Domestic Violence for Virginia on
Q: What is the statute of limitations for a non-cohabitant boyfriend assault & battery case? Could this affect our child?

About 6 months ago, My childs father allegedly threw his girlfriend (not me) across a room and choked her. She did not call the cops or file a report. He does not have a record nor has he ever shown signs of abusive behavior. And though they are no longer together they are currently sexually... View More

Bryan J. Jones
Bryan J. Jones
answered on Feb 22, 2018

The police would have to bring charges within one year of the incident. The type of proof necessary could be the girlfriend's statements or other witness statements or pictures of injuries.

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1 Answer | Asked in Domestic Violence for Virginia on
Q: My girl punched me twice in the same day but in two differnt citys so should she also slapped my child so what should.

So would this be assult she let her anger get the best of her shes in the military she assulted me once befor but i didnt show to court disnt want her to loose her job so what will happen if i press 2 more assult charges on her.can i go to the magistraight oh and would im in fear for my childs life... View More

Susan Fremit
Susan Fremit
answered on Feb 15, 2018

You can go to the magistrate in each of the 2 cities where you say you were assaulted. But wouldn’t it be better to convince her to get into counseling and anger management? And yes, she could lose her job if she is convicted.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Virginia on
Q: New evidence after I pled guilty to Assualt and Battery case

I took a guilty plea in Norfolk September 2017 in a A&B case against a family member, taking the victims word as she is my wife. It has now come to light that she struck me first while I was intoxicated and I responded by hitting her twice. This has ruined my career and service to the country,... View More

Susan Fremit
Susan Fremit
answered on Feb 15, 2018

You had 10 days to appeal and 60 days to reopen you case. You are obviously outside those 2 limitations. You could speak to an experienced criminal defense attorney about bringing a habeas application but I am not certain how successful that would be. I think you are stuck with your plea.

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1 Answer | Asked in Domestic Violence for Virginia on
Q: Do you think he will be able to be released at his bond hearing, even if he has a failure to appear from years ago?

He was arrested in a different county and no one will tell me when he's going to be transferred or any information about a hearing, I can't speak to him until tomorrow whenever he's able to call was arrested on friday. What should I do

Susan Fremit
Susan Fremit
answered on Feb 12, 2018

I suggest you hire a local experienced criminal defense attorney as soon as possible. The longer the fail to appear has been, the less likely he will be released without argument at a bond hearing which will require the help of an attorney.

1 Answer | Asked in Domestic Violence for Virginia on
Q: What can I do to help him?

This is not his first assault within 10 years, has 3 or more none within the past 4 years though. He is being charged with a felony because of his record

Susan Fremit
Susan Fremit
answered on Feb 12, 2018

Work with his attorney to reduce the negative consequences. His attorney is also in the best position to know what was told to the police.

1 Answer | Asked in Domestic Violence for Virginia on
Q: What happens when someone is charged with a domestic felony?

I had spoke to an officer and told her what happened that night, not knowing she could serve a warrant without having a statement, pictures, or a nurses documentation. What will happen?

Susan Fremit
Susan Fremit
answered on Feb 12, 2018

There is a statement: what you told the police officer. Usually a domestic assault is a misdemeanor, not a felony. If this is a first time offense, the family member can complete the first offender program for a dismissal or go to trial to fight the charge.

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: My son's father was arrested for hitting me while I am pregnant with our second baby.Will I have to testify in front him

This is the second time we've been in court for this, the first time was in Virginia Beach and I dropped the charges. This time it's in Chesterfield and I had bruises on my face from him and the bedroom door was broken because of him. Police also heard a little bit because I called them... View More

Susan Fremit
Susan Fremit
answered on Feb 10, 2018

You can ask the prosecutor if you can testify in camera, but it will have to be proven that you would be traumatized if you testify in front of him. Being really scared is not enough.

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1 Answer | Asked in Domestic Violence and Criminal Law for Virginia on
Q: My child’s father was arrested for assault and battery for hitting me while I was driving a car. What should I expect?

I went to pick him up from the bar because he was wasted. He hit me on our way home from the bar while I was driving. I also had our baby in the car. We are now on good terms and i do not wish anything to happen to him. What can I expect to happen to him? He also stated that he would run us off the... View More

Susan Fremit
Susan Fremit
answered on Feb 8, 2018

You should probably speak to his attorney about the details of this case.

2 Answers | Asked in Domestic Violence for Virginia on
Q: I was falsely accused of domestic violence . I didnt do it how can i beat this charge. I live in Va .
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 24, 2018

More information is needed but your best option is to come to NJ and hire an experienced criminal/domestic violence lawyer. Most of us offer a free in office consultation. I suggest you set one up.

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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I’m pressing DV charges & 2 year PO on my daughter father. What happens if he doesn’t show?
Susan Fremit
Susan Fremit
answered on Jan 22, 2018

An arrest warrant will likely be issued.

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1 Answer | Asked in Domestic Violence for Virginia on
Q: Why is my boyfriend being charged with assault on me when I️ never to police that I️ wanted to press charges?

My boyfriend got into a fight with someone. I️ put myself in the middle and tried holding him back from attacking the person. When I️ did this he kept pushing me back trying to get me off of him. He never hit me and I️ explained this to the police when they got there. I️ The other person... View More

Susan Fremit
Susan Fremit
answered on Jan 21, 2018

Your BF pushing you to get off him could be an unwanted touching and thus an assault. Once the police arrive on the scene, whether you want to proceed with the charges or not is out of your hands. Tell your BF's attorney that your BF did not assault you as far as you are concerned and you... View More

1 Answer | Asked in Child Custody and Domestic Violence for Virginia on
Q: 5 years later my son's dad still wont have a relationship with him. I have full custody can I change my son last name?

I left him due to domestic violence, and since I will not be with him he has abandoned his son for 5 years now. Can I change my son last name to mine?

Susan Fremit
Susan Fremit
answered on Jan 20, 2018

This is not a criminal defense question. It is a family law question so I will try to redirect your question to that area of law.

1 Answer | Asked in Domestic Violence and Criminal Law for Virginia on
Q: My child's father got charged with Assault and Battery against me, the subpoenaed me to court. What should I expect?
Susan Fremit
Susan Fremit
answered on Jan 19, 2018

The prosecutor will try to avoid a trial, depending on the nature of your described assault. If he qualifies for the first offender program, he will certain things to do, such as complete an anger management program; also a substance abuse program if you alleged drugs or alcohol played a role in... View More

1 Answer | Asked in Personal Injury and Domestic Violence for Virginia on
Q: I called the cops on my mom because she took money from me and poked me with a screw driver.

I called just to scare her and for the cops to calm her down but they ended up arresting her and charging her with unlawful bodily injury and assault on a family member. I didnt feel threaten, and dont want to press charges from the get go. I didnt really get hurt or go to the hospital. How bad are... View More

Susan Fremit
Susan Fremit
answered on Jan 18, 2018

She could ended up being a convicted felon which is never good. If you want to help her, contact her attorney to speak to him or her and tell you side of things. Whether the charges are dropped will now depend on the prosecutor but you can help her attorney try to get the charges dropped or... View More

2 Answers | Asked in Domestic Violence for Virginia on
Q: i was granted a preliminary protection order against my childs father and we go to court on the 24th,can it be dropped?

can the order be dropped when i go to court and will i have to explain why i want the protective order ended?

Susan Fremit
Susan Fremit
answered on Jan 14, 2018

The judge will want to ensure that you are not/fear for your life.

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1 Answer | Asked in Domestic Violence for Virginia on
Q: If you were charged with a crime and it was dismissed can you later ask for that to be changed?

The case was 2 years ago in 2015. I was charged with Malicious Wounding. my lawyer suggested I take an Alford Plea. However 2 years later I am finding out that the plea means I claim I am innocent but they have evidence to find me guilty. There was ZERO evidence that the victim was hurt. There was... View More

Susan Fremit
Susan Fremit
answered on Jan 9, 2018

Usually the judge asks the defendant a number of questions, including whether the defendant knows what an alford plea means or what the defendant thinks the alford plea means, and whether the defendant understands the consequences of an alford plea. (With an alford plea, the defendant is saying... View More

1 Answer | Asked in Domestic Violence for Virginia on
Q: If I move state and I have court in 2 - 3 weeks from now what will happen ! This is a domestic violence case I’m

The Victim I was planning on moving

Susan Fremit
Susan Fremit
answered on Jan 8, 2018

If you were subpoenaed and you miss court a witness warrant can be issued for your arrest.

2 Answers | Asked in Child Custody and Domestic Violence for Virginia on
Q: A friend needs legal advice how to go about not letting father of 3 weeks old take child when he wants.

A friend of a co worker has a 3 week old baby. She recently left an abusive relationship with father. She let the baby's dad take him for the dad and was to be back at a certain time. He is now refusing to bring the child back. What does she need to do legally to get her child back and have... View More

Susan Fremit
Susan Fremit
answered on Jan 7, 2018

This is a family law question, not criminal defense. I will transfer your question.

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1 Answer | Asked in Domestic Violence for Virginia on
Q: Hello my boyfriend went to jail for domestic violence and it’s a misdemeanor & a felony for strangulation..

What will they give him

Susan Fremit
Susan Fremit
answered on Jan 4, 2018

A lot depends on your BF’s criminal record, if any. There are sentencing guidelines for the felony which take into account prior convictions and any jail time served for those convictions. The misdemeanor carries a max sentence of 12 months.

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