If you are the complainant, it is really out of your hands and in the Commonwealth's (prosecutor's) hands. The person with the ADHD should hire a local experienced criminal defense attorney and should share both the fact that he/she has ADHS AND that you don't want to proceed with the charge.

You can call the clerk's office of the court you are to appear in and let them know that you are in such and such hospital, providing the room number and phone number for confirmation on Monday morning.

Under current Virginia law, if there was an admission of guilt or a find of facts sufficient (usually in a first offender program), such a charge can NEVER be expunged (what folks mean when they say "seal").

If there were facts found sufficient to support guilt, under current law, you can't expunge that charge or possess a firearm.

You should be worried. A conviction for domestic assault will prevent you from ever possessing or owning a gun. And it does sound like you have a defense. You need to hire an experienced local criminal defense attorney right away to represent you. Your wife simply saying "it was her fault... View More

Can't help you. I do not practice criminal law in Virginia.

If the case went to trial and was dismissed by the judge, the case cannot be brought back. If the prosecutor nolle prossed (with drew the charge) the case before trial, but that nolle pross was not done with prejudice, the case can be brought back.

Your question does not appear to be a criminal defense question; my field is criminal defense. You should be asking speaking to an attorney who practices in the area of landlord tenant.

If your HUSBAND can't afford an attorney, the court will appoint the Public Defender's office or a court appointed attorney. He has likely been charged with a class 6 felony due to 2 prior convictions, if he was indeed convicted on the domestic offense charges involving his mother and... View More

Two years is the maximum allowed by law. The judge does not have the ability to issue a protective order for longer than that, even if he/she wanted to do so. You could consider reaching out to your state legislators about the issue, as they are the only people in a position to change the law.

It may take some leg work, but you could start by finding out what local court placed custody with your grandparents. Then you would have to request your own records from that court, and you may have to do so in person because of the confidentiality requirements of those type of proceedings.... View More

You need to either go back to your attorney and ask this question, or go to the clerk's office of the JDR court where the charges were dismissed and ask for a copy of any paperwork relating to your charges.

You have a constitutional right to an attorney and the judge can not prohibit you from hiring the attorney of your choice. However, it sounds like the judge may have determined that you do not qualify for a court appointed attorney or public defender. You must meet the court's standards for... View More

It will depend on which prosecutor is assigned to the case. There likely was statement from you at the time your spouse was arrested. That can be used. Your spouse should have a lawyer and perhaps that lawyer can work with both of you to resolve this case. This is definitely not a situation... View More

You could exercise your 5th amendment right to remain silent at the hearing but the Commonwealth is not likely to be very happy. You did not need to sign the complaint. You or someone else informed the police that your spouse may have assault you. If you are subpoenaed and don't show up for... View More

I would suggest looking into meeting with a family counselor before getting involved in the court system.

A charge of assault could still be brought but it would appear unlikely since you were only issued an emergency protective order. If charges are later filed, you can argue that the delay caused you harm in preparing your defense. It is possible that after the 72 hours have elapsed, a lengthy... View More

Children can be subpoenaed to testify to what they've seen. Speak to your defense attorney about your trial strategy, and please don't post info about your criminal case on public forums such as this. Keep it between you and your lawyer.

Seriously? Move away, buy yourself a firearm for protection, file a civil lawsuit for assault and get a "protective order," there are lots of options. The police are still the best however.

Unfortunately, she could be charged with misleading an investigation. When her attorney tells her this, she is not likely going to want to risk being charge with a criminal offense "coming clean". Even if she did come clean, the Commonwealth may feel that she is being "pressured to... View More