without them wanting legal action, what is typically the result of this?
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answered on Sep 6, 2023
The situation you have described is not uncommon. The cooperation of the alleged victim in a domestic violence case isn't always necessary; not "wanting legal action" does not prevent the prosecutor from calling the alleged victim as a witness at trial. In some cases where no helpful... View More 
answered on Jul 24, 2023
If he is charged with the criminal offense of strangulation in Virginia, the totality of the evidence will have to prove, beyond any reasonable doubt, that he in fact strangled you. In Virginia, "strangled" occurs when someone "impedes the blood circulation or respiration of another... View More
My 22 YO Daughter is the victim of Strangulation & Assault (2 counts of Abduction was dropped) by her then boyfriend. At the Prelim Hearing, the Commonwealth Attorney asked my daughter if she and the defendent were living together. My daughter said yes and ther next thing I know the case has... View More
answered on May 22, 2023
The Juvenile and Domestic Relations District Court ("JDR") maintains original jurisdiction for these types of claims if the victim/offender cohabitate together. There is no substantive difference between General District Court and JDR in the prosecution of these offenses. The initial... View More
Basically my girlfriend has a really bad home life, she constantly goes hungry from lack of food, her mom is abusive emotionally and physically and her stepdad is a sick perverted man and she has no friends other than me and her one friend. My parents wouldn't mind if she lived with us but... View More
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answered on May 2, 2023
It is important to understand that laws regarding minors vary by state, and in many cases, a minor cannot legally leave their home without parental consent or a court order. If your girlfriend's home life is truly abusive and unsafe, it may be possible to seek legal options for her to leave... View More
What can I do to drop charges? It’s her first offense. What should we be expecting?
answered on Apr 25, 2023
In Virginia the Commonwealth Attorney decides whether to drop the charges in court. That said, they will listen to your wishes as the "victim." Under the Va code and the Va constitution they have to seek your input before disposing of a case. You will get a chance to tell them you want... View More
Handshake was given
answered on Oct 25, 2023
No. Attorneys may be allowed to withdraw from a case in most circumstances.
How can she remove him and keep herself safe?
answered on Feb 22, 2022
She needs to provide notice and then file the eviction paperwork with the court. I'm sure anyone who responds would be happy to hep if you decide to hire an attorney. Good luck!
My girlfriend called the cops on me and showed a bruise on her face saying that I had hit her. I was taken to the detention center were I was given a restraining order not to speak to her for 3 days. I have court on Monday about the case. I want to know if I can go to jail?
answered on Jan 5, 2022
If you have a pending criminal case you need to consult a criminal attorney who handles these and get a private consult. You should not be discussing specific facts of a pending criminal case on a public site like this.
Yes....in Virginia you could get jail time but there are also... View More
The petitioner alerted the court that I had sent her text messages. This was a violation of a no-contact protective order AND a no contact condition of a sentence that included 12 months of suspended time. However, she also sent text messages and engaged in several lengthy text conversations with... View More
answered on Nov 20, 2021
Sounds like you're definitely in violation. Hire a lawyer to help minimize what they do.
How can I get a subpoena without a lawyer?
May I object to questions on interrogatories due to dress? The questions are absolutely placing me under duress and giving him all of the criminal evidence used against him
answered on Apr 29, 2021
In some cases, you may request the clerk's office to issue a subpoena for you. The clerks cannot give you advice about how to request the subpoena, but many courts have forms available. A good place to start is the website of the court your legal matter is in. The Supreme Court of Virginia... View More
My parents are separated and going through a legal divorce. After my mom cheated on my dad and moved in with her boyfriend she and her boyfriend who has a criminal record have been threatening me and my little siblings. She recently sent a trespassing notice to my family saying we could not be near... View More
answered on Feb 28, 2021
Since your sent you a no trespassing notice and you acknowledge receipt of that notice by tearing it up and throwing it at the front door of where she lives, she can now call the police, if you go on her property, and have you charged with the criminal misdemeanor of trespassing. She can also look... View More
I'm just looking for the form needed to request a motion for dismissal of a removal order in Virginia.
answered on Feb 27, 2021
Go to the family court website for the form that you need, or call the clerk's office on Monday for the website link.
I filled out a criminal complaint against my partner after an argument that got physical. It resulted in multiple charges being filed, including two felonies. I already have a PFA prohibiting acts of abuse and I really don’t wish to cooperate due to a myriad of reasons. We’ve since reconciled,... View More
answered on Feb 10, 2021
Since you started the legal process by contacting the police and giving a statement, you will be required to be available to testify at any trial. If you are subpoenaed and do not show up to testify at court, the prosecutor can ask the judge to issue a warrant for your arrest. If you refuse to... View More
I filled a report that my fiancé choked me now I do not want him to lose his job
answered on Jan 11, 2021
You shouldn't be messaging or posting on social media. Anything you say can be used against you. Contact a criminal defense attorney in the county where this happened asap and get a consult. If case is in Northern VA I offer a free phone or video consult and you can contact me.
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?
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
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