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15 day EPO was dismissed on motion to strike, based solely on prosecuting claimants testimony. There is still pending criminal assault charge on the defendent. Question(s) about possible outcomes for prosecuting claimant:
If the defendent is found not guilty or if charge is dismissed, can... View More 
answered on Apr 24, 2015
No, the prosecuting witness will not be charged unless there was possible contempt of court (lying under oath). The Judge does not lay charges; the prosecutor does. If the defendant believes the allegations of assault were deliberate lies, he or she should speak to a civil lawyer about a lawsuit.
answered on Mar 30, 2015
Not certain what name changes will do but likely no change regarding protective order.
answered on Mar 30, 2015
Your major problem is going to be why you eaited so long. (Prosecutor nightmare; defense gift). If you can explain the delay contact the police.
answered on Mar 30, 2015
Yes. Even first offender status eith dismissal means you can't expunge that charge. Click on "find a laeyer".
answered on Mar 30, 2015
Depending on the county there are pro bono associations. Contact the county government information center for contact information.
answered on Mar 31, 2015
Not sure what your question is. Any charge must be based on alleged evidence not "just because".
answered on Mar 31, 2015
Call the police or go to your local Commonwealth Attorney's office to file charges. However, have a good explanation for why you have waited several months to file a complaint.
My father in law called the police and told them my husband attacked him. Later on he told the police that he did not attack him but they still took the case to court. He accepted a plea and had to take one anger management class and the case was put under advisement for 2 years and now he was... View More
answered on Mar 31, 2015
A term of the unsupervised probation for the first charge is to be of good behavior. Conviction for another charge while under probation could negate the potential for dismissal and risk the court entered a conviction on the first charge. Your husband needs to speak to a lawyer immediately.
answered on Mar 31, 2015
If the Judge found facts sufficient for guilt, despite the dismissal, the charge cannot be expunged. I published a Guide on expungement you might find useful: http://www.avvo.com/legal-guides/ugc/what-you-need-to-know-about-criminal-record-expungement-in-virginia .
answered on Mar 31, 2015
Pardoned? I think you mean can it be expunged. Section 18.2-57.3 specifically states that there can be no pardon for a first time charge. In fact, 18.2-57.2 speaks about 2 prior convictions for domestic assault within 20 years will result in the 3rd charge being classified as a Class 6 felony. I... View More
My husband was inebriated (which I neglected to point out to my attorney) when he testified. He also testified that I spit on him. I did not. The night of the incident he was inebriated. Is it too late to appeal this? I am disabled & can't drive to the Domestic Assault Probation Office... View More
answered on Apr 24, 2015
Unfortunately, the appeal period in VA from JDR to Circuit is 10 days.
He was tried for a protective order that was dropped by the women and they aressted him because she clamed that he broke it but she told me to have him call her any help would be nice
answered on Mar 31, 2015
Your brother should hire an experienced criminal defense lawyer and the lawyer will speak with the complainant. Click on "find a lawyer". Most lawyers will give free consults.
answered on Mar 31, 2015
The charge was likely dismissed under the "first offender" program. No it cannot be sealed or expunged. I have publish a Guide on expungements you might find useful: http://www.avvo.com//legal-guides/ugc/what-you-need-to-know-about-criminal-record-expungement-in-virignia .
He was in court a couple weeks ago and found not guilty,b/c the judge said based on his ex's accusations he doesn't see where he was violent and the judge told him to stay away from her-cause she has problems. Always calling the police on him,but is always let go. But this time,my friend... View More
answered on Mar 31, 2015
Your friend should hired an experienced criminal defense attorney immediately. Click on "find a lawyer". Most will give free consultations.
I have joint custody of my son, my sons mother had a live in boyfriend which was not allowed unless married, the man beat my sons mother with my son in the houe, why wasn't dhrr services called and what can i do to keep my son safe?
answered on Mar 31, 2015
You can make the call and if what you are saying is true, do it now. If in doubt, call an experienced criminal defense attorney for a free consult.
answered on Mar 31, 2015
The state/police/Commonwealth has control of the domestic violence charge ("press charges") with the victim being the state witness. The charge will not automatically be dropped simply because the victim changed his or her mind.
answered on Mar 31, 2015
The protective order is for the benefit of the victim not the violator. No, a judge would not dissolve the protective order.
answered on Mar 31, 2015
Beyond a reasonable doubt is what the Commonwealth/prosecutor must prove in order to get a conviction in VA. (Or in any state for that matter.)
answered on Mar 31, 2015
The case will depend on a lot of things, such as whether there were injuries to the victim, the defendant's criminal record etc. A local experienced criminal defense lawyer should be hired. Click on "find a lawyer".
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