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Virginia Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Virginia on
Q: How can I get a subpoena without a lawyer? May I object to questions on interrogatories due to dress?

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

Sonja Aoun
Sonja Aoun 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... Read more »

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2 Answers | Asked in Criminal Law, Domestic Violence and Juvenile Law for Virginia on
Q: Can your mom send you a trespassing notice and have you arrested if you go near her property?

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... Read more »

Susan Fremit
Susan Fremit 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... Read more »

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Virginia on
Q: can I have the form in Virginia to request a motion to dismiss a preliminary removal order?

I'm just looking for the form needed to request a motion for dismissal of a removal order in Virginia.

F. Paul Maloof
F. Paul Maloof 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.

2 Answers | Asked in Domestic Violence and Criminal Law for Virginia on
Q: Can I refuse to testify as a domestic violence victim against my boyfriend?

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,... Read more »

Susan Fremit
Susan Fremit 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... Read more »

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2 Answers | Asked in Domestic Violence and Criminal Law for Virginia on
Q: Should I get a lawyer to recant a statement

I filled a report that my fiancé choked me now I do not want him to lose his job

Ann Thayer
Ann Thayer 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.

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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Can my husband still be charged and convicted of strangulation even if I’m not pressing charges?

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

Susan Fremit
Susan Fremit 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.

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Children & I don't want to appear in court. Son admits to overrating to claim dad assaulted him. Do we have to appear?

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?

Daniel P Leavitt
Daniel P Leavitt answered on Nov 27, 2020

If there is a subpoena for you to go to court you must go to court.

1 Answer | Asked in Domestic Violence for Virginia on
Q: If a police officer says I may be subpoena in a future case and I did nothing wrong but was a witness, is it possible

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

Shemeka C Hankins
Shemeka C Hankins 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... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: My ex abused me for a year and a half straight, and physically assaulted me a year and eight months ago.

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... Read more »

Shemeka C Hankins
Shemeka C Hankins 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... Read more »

1 Answer | Asked in DUI / DWI, Family Law and Domestic Violence for Virginia on
Q: If a judge says good behavior for a DV charge,and the ruling is AFTER you get a DWI, can he use the DWI against you?

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... Read more »

Paula Hough
Paula Hough answered on Oct 12, 2020

Typically, an offense that occurred before the judge's order will not violate the "general good behavior" order.

1 Answer | Asked in Domestic Violence for Virginia on
Q: Someone I was romantically involved with placed their hands on me at night and then called the police on me the next day

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... Read more »

Shemeka C Hankins
Shemeka C Hankins 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... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: If someone is your only witness and they plead the fifth are your charges going to be dropped
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2020

Unfortunately, the answer is "it depends." There may be ways for the case to be proven without their testimony if the police were involved. They may not assert their fifth amendment privilege correctly and the court may compel them to answer the question or face contempt. It sounds like... Read more »

2 Answers | Asked in Domestic Violence and Criminal Law for Virginia on
Q: I am in the process of getting my Second Amendment Rights restored.< VA > I have 2 dismissed Domestics. Possible prob?

One was back in 2007 or 08. The other was 2018. Both Dismissed

Anthony M. Avery
Anthony M. Avery answered on Sep 10, 2020

You will need to get both Charges also EXPUNGED from your record. Dismissals do not also include erasing the charges from your criminal record. You will probably need a competent attorney, and I recommend calling the NRA for a referral.

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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: if my husband has a strangulation charge in Chesapeake and I have written a letter

to the common wealth attorney & the prosecutor that I'm no interested in pursuing charges do I still need to be at the preliminary hearing

Paula Hough
Paula Hough answered on Aug 14, 2020

If you are given a subpoena, you are required to go to court. If you have concerns about testifying as a witness for the prosecution (commonwealth's attorney), you may want to reach out to a local attorney to discuss your legal options.

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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: My boyfriend was charged with his first misdemeanor DV charge. He has no criminal record. What will the court prob. say?

My boyfriend was charged with his first misdemeanor DV charge. The victim made a statement under the influence of alcohol and the police took pictures of arm scratches (did not break the skin). He has no criminal record. What will the court most likely rule? Will he go to jail?

Shemeka C Hankins
Shemeka C Hankins answered on Jul 2, 2020

The answer to the question depends on a number of factors. Obviously with no criminal record and minimal injuries, things could be looked at very positively by the court. However, a domestic violence charge in Virginia carries up to twelve months in jail and up to a $2500 fine, if he is found... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Can evidence from a previous DISMISSED DV case be used to convict a defendant in a new DV case?

1st DV case dismissed without any court proceedings. Victim didn't show, case dismissed.

2nd DV case 3 month later, prosecutor and judge used evidence from first dismissed case, to establish "history" and convict defendant, with bare minimum evidence for this new case.

Shemeka C Hankins
Shemeka C Hankins answered on Jun 11, 2020

Typically, the answer to your question would be no unless they overcame an exception to the rules of evidence about patterns or modus operandi which means a method in which you operate to commit the crime. I would speak to your lawyer about what happened in court. You have a right to appeal... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Virginia on
Q: In Powhatan county Virginia I have a Protective Order for my children against my wife's paramour. How do I extend it?

My wife's paramour was found to have abused my children. I have full custody. The Protective order was issued after a Full Hearing was held with all parties present. The judge only issued it for 60 days so I could get it in front of my county's Custody court for a modification to make the... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 26, 2020

I regret that I do not handle protective order case or domestic relations matters. Sorry.

1 Answer | Asked in Domestic Violence for Virginia on
Q: Does domeatic violence cases show on record?

If person called police for domestic violence but nobody got arrested, does it show on the person record or just a file was reported?

Susan Fremit
Susan Fremit answered on Apr 8, 2020

If there was no arrest, there should not be anything on a criminal record.

3 Answers | Asked in Domestic Violence for Virginia on
Q: My husband was charged w/ a class 1 misdemeanor for domestic violence. It’s his first offense. Can the charges be drop?
Brian M. Latuga
Brian M. Latuga answered on Mar 14, 2020

Virginia Beach does permit a Nolle Prosequi/ dismissal with a first offense depending upon the circumstances of the case. There are factors that prohibit a dismissal and lead to a trial by a judge. Every case is different. When in doubt, hire a lawyer. The victim of the case is always permitted to... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I was wondering what could possibly be the outcome at court for a class 1 misdemeanor for assault first offense?

I was intoxicated and argued with my husband and it got a little physical and was arrested for assault because he had a red mark on him .

Susan Fremit
Susan Fremit answered on Feb 22, 2020

Likely you will be offered a first offender program: complete anger management, alcohol treatment if alcohol involved and maybe community service for dismissal of charge. Such a route is never eligible for expungement but at least a conviction is avoided.

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