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Virginia Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Hello so me and my boyfriend got in argument and no physical contact or any hitting was involved but how ever he left

And came back he was angry and I was afraid so I ran and when I ran I cut my legs up like by wood branches how ever he never touched me or pushed but they did charge him with simple assault... what can I do to help him I dont want longterm damage to his life we do have a child in common and I love... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 11, 2020

It's up to the prosecutor to move forward or not. If you are the only witness then they would need your testimony to convict. It's best for you to probably retain a lawyer for an hour to go over everything with you.

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2 Answers | Asked in Domestic Violence for Virginia on
Q: How to get a restraining order lifted in Virginia.

My fiance and I had gotten into an argument and the neighbors heard us and called the police. We were yelling but no physical contact was made. I didn't press the charges nor did I testify how can I get this lifted so we can finally get married and see each other

Shemeka C Hankins
Shemeka C Hankins answered on Jan 6, 2020

First and foremost, who is the protective order against? The person who asked for the restraining order can go to the court to petition to have it dissolved by the court. Most protective order require someone to request it. If it was a restraining order that arose out of this incident, those are... Read more »

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2 Answers | Asked in Domestic Violence for Virginia on
Q: I was charged with a misdemeanor simple assault on my girlfriend and didn’t get a lawyer should i?

She is still my girlfriend and is willing to come to court on my side .

Shemeka C Hankins
Shemeka C Hankins answered on Jan 6, 2020

Even if this is a misdemeanor, if your case is assault and battery against a family member, there will be a lawyer on the other side for the Commonwealth Attorney's office who will prosecute your case. If that is the case, you really want to be careful about going in without an attorney because... Read more »

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1 Answer | Asked in Domestic Violence for Virginia on
Q: How does the state of Virginia look at domestic violence between brothers and one is innocent?

My boyfriend had arrested and then bailed out the same night. He goes to trial tomorrow. He's innocent. He was defending himself against his brother who was attacking him. What will happen tomorrow?

Susan Fremit
Susan Fremit answered on Dec 6, 2019

Your BF has a defense if he was defending himself. If the judge believes your BF’s story, the charge will be dismissed.

2 Answers | Asked in Domestic Violence for Virginia on
Q: My boyfriend, father of my child, child is 10 years old, has been charged with malicious wounding. There is a video

From home security that shows him trying to get my phone because he seen a message on my phone to another man. We have been together for 12 years. I went to hospital 2 days later and have 2 broken ribs and a dislocated rib. He had been drinking and acted in the heat of the moment. Will he get out... Read more »

Susan Fremit
Susan Fremit answered on Nov 21, 2019

Speak to the prosecutor about wanting him home and the charge being reduced. The problem is, the prosecutor won’t want to risk your BF hurting you again or your son.

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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I was arrested for a misdemeanor domestic violence assault.

I was arrested for a domestic violence assault charge. We were both highly intoxicated she kept changing her stories to police and had no injuries. I was arrested and taken to the magistrate and released on a summons. My question is will I go to jail or have to have a bond on my first court date?

Susan Fremit
Susan Fremit answered on Nov 17, 2019

You already have bond; that’s what released on a summons means. At your next court hearing you will be asked if you will be hiring your own attorney or not and a trial date will be set.

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1 Answer | Asked in Domestic Violence for Virginia on
Q: Do you have to testify against your spouse in a domestic abuse case where you were the victim?
Michael Christopher Miller
Michael Christopher Miller answered on Jun 20, 2019

Rule 2:504 SPOUSAL TESTIMONY AND MARITAL COMMUNICATIONS PRIVILEGES (Rule 2:504(a) derived from Code § 8.01-398; and Rule 2:504(b) derived from Code § 19.2-271.2)

(a) Privileged Marital Communications in Civil Cases.

1. Husband and wife shall be competent witnesses to testify for...
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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Husband charged DV 2002 completed probation & told after completion charges dismissed under 1st offender but weren’t why

He also attended anger management and paid fees. He assumed it was automatically dismissed after completion only to find out years later it wasn’t. Is there anything he can do?

Daniel P Leavitt
Daniel P Leavitt answered on Apr 10, 2019

If he can show it was supposed to be dismissed and he complied 100 percent then yes. He has to show it was essentially a clerical error.

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Virginia on
Q: My child father attacked me in front of our child. His 2nd domestic violence charge. Will he get custody/visitation?

I have sole physical & legal custody, visitation reserved to father, at mother’s discretion, since 2017. My child father attacked me when he dropped her off to my home, after having her for the weekend. DV has been an ongoing issue for years, and my daughter show signs to be traumatized. So I... Read more »

Susan Fremit
Susan Fremit answered on Mar 9, 2019

I have moved your question to family law because that is the area of law you have a question about. Domestic violence and criminal law is for those charged with offenses in those areas and requiring answers related to such.

1 Answer | Asked in Domestic Violence for Virginia on
Q: I was charged with domestic assault but it was dropped down to a simple assault can I get that expunged it was in 1993

It was in 1993 and they don't even have the charges no more or the papers

Susan Fremit
Susan Fremit answered on Jan 30, 2019

Under current Virginia law, a conviction cannot be expunged no matter how much time has passed. We need the legislators to change that!

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Bf was arrested on DV class 6 felony

Bf was arrested on DV class 6 felony charges however i (the victim) does not want to proceed with the court process. I will not recant any prior statements made to police because they were true, however may have been exaggerated in the heat of the moment. I want to know how possible it is to either... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 12, 2019

DV cases are tough. Stay safe. As for what you can do, it's out of your hands and it is up to the prosecutor/judge. You can retain some lawyers to discuss theoretical scenarios of what a person in that situation might do. You don't want to be prosecuted yourself. Stay safe and good luck.

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: What is the likely hood of jail time and for how long for

Domestic assault and battery

Falsifying police report saying someone stabbed you and there's evidence to back it up

Bryan J. Jones
Bryan J. Jones answered on Jan 10, 2019

It's impossible to say with the little information that you've given. Make sure that you have an attorney to represent you. Your attorney will be able to go over all the facts of the case with you and advise you.

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1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for Virginia on
Q: I want my boyfriend to leave my home and he is refusing to. It is my home that I own.

We have a son together but are not married. I bought my house when him and I were not together. The mortgage and bills are all in my name and only I pay for the bills. He is verbally abusive and will make threats to hit me. I have a couple recordings on my phone, but i am not sure if they will hold... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 26, 2018

There are several potential issues. For safety reasons you may be able to get a temporary restraining order based on threats. From a perspective of landlord/tenant law he may very well be living in the home under a month to month tenancy and if that is the case you can give him notice to vacate and... Read more »

2 Answers | Asked in Domestic Violence for Virginia on
Q: How can I drop domestic charges

How can I drop the charges on my ex for assault and batter we both don’t come in contact and I don’t wanna testify

Steve Miyares
Steve Miyares answered on May 12, 2018

You can’t drol the case. That decision os in the control of the Commonwealth’s Attorney. You can tell the prosecutor that you want to drop the charge and not testify, and the prosecutor might agree. But the final decision of whether or not to drop the case is going to be up to the prosecutor

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1 Answer | Asked in Domestic Violence for Virginia on
Q: First time offense clean record , they say I allegedly shot paintballs /missle at a car will I go to jail ?

Or is some type or probation or community service availabile I have a job I need to keep

Steve Miyares
Steve Miyares answered on Apr 30, 2018

Shooting or throwng a missile at an occupied vehicle is a felony offense in Virginia. It carries the potential for prison tme amd other serious consequences resulting from a felony conviction.

You should not discuss any other facts of this case on this or any other pblic forum. I strongly...
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1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Virginia on
Q: My fiancee has a court hearing for domestic assault and she has sent numerous text messages stating that she has erased

Evidence which was shown to the magistrate which led to the summons. What if the text messages and pictures are my only proof because the videos are gone of the assault?

Susan Fremit
Susan Fremit answered on Apr 29, 2018

If you don't have an experienced criminal defense attorney, you need to hire one now. You have presented some good cross examination information!

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: My son has a malicious wounding charge against his girlfriend. She wrote stating it is all a misunderstanding

Won't testify cause she doesn't remember details

Steve Miyares
Steve Miyares answered on Apr 9, 2018

What is your question?your son should discuss the issue with his attorney.

The girlfriend has no authority to determine how the case proceeds. The Commonwealth’s Atorney is in control of prosecuting thr case. The girlfriend can talk to the prosecutor about her desire to have this...
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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: In va if a victim in abuse case doesn't press chargers and and the county issue a warrant

Can the magistrate be notified to have the case dropped if the victim isnt interested in pursuing legal action.

Susan Fremit
Susan Fremit answered on Mar 6, 2018

Once the police or magistrate got involved, the situation is no longer in the control of the victim. It is now the prosecutor who the victim needs to convince to drop the charge. Generally speaking, prosecutors don't like to drop domestic assault charges, so to have any chance at obtaining this... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Me and the father of my kids got into a fight. I called the police and but now i wanna drop chargers. What should i do?

There is a no drop policy what should i do?

Bryan J. Jones
Bryan J. Jones answered on Feb 28, 2018

You should contact the prosecutor's office. They will probably have someone working as a victim/witness coordinator. You should tell them about the case and how you'd like to see the case resolved. They are not obligated to drop the charges just because you want the charges dropped, but they will... Read more »

1 Answer | Asked in Personal Injury, Domestic Violence and Internet Law for Virginia on
Q: If I am victim in extortion case, do I need a lawyer?
Susan Fremit
Susan Fremit answered on Feb 26, 2018

The prosecutor essentially becomes your lawyer. If you want an independent legal opinion, you might want to hire a lawyer for that purpose.

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