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 »
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.
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 »
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.
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.
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 »
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 »
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
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...Read more »
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 »
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 »
Hire the best local criminal defense you can afford. Keep up the great work in your struggle against substance abuse and coping with your mental illness. With these 2 actions, you have a good chance of getting the charges reduced.
I have no prior offenses of any kind. We were both intoxicated and do not remember the initial physical altercation. I did admit to being physical, but also did not elaborate on the extent of assualt to officers either. They did take a picture of sratches on his neck, which i dont recall doing. He... Read more »
You called the police? Difficult in VA to get domestic charges dismissed. If you tell the Commonwealth (prosecutor) that you were drinking heavily that day and don’t recall your action but since nobody else was present, the scratches could be attributed to your actions, the charges might be...Read more »
About 6 months ago, My childs father allegedly threw his girlfriend (not me) across a room and choked her. She did not call the cops or file a report. He does not have a record nor has he ever shown signs of abusive behavior. And though they are no longer together they are currently sexually... Read more »
Also i told the police at the time that he was going to hit me so i got subpoenaed to his court , i don’t want to testify can they make me ?? Him and i are doing great now since it all occurred. Will he go to jail? He has no record previous to this
Contact your husband's lawyer and tell him that you both are doing great now. The prosecutor will likely threaten you with filing a charge of contempt of court against you if you say you are not going to testify. You husband may qualify for the first offender program but he should speak to his...Read more »
Any attorney licensed to practice law in VA is deemed to be competent. You can go onto the VA State Bar website to see if the attorney you ultimately select has had any reports filed against him or her. Otherwise do your research: check out his or her website if there is one, read the client...Read more »
I took a guilty plea in Norfolk September 2017 in a A&B case against a family member, taking the victims word as she is my wife. It has now come to light that she struck me first while I was intoxicated and I responded by hitting her twice. This has ruined my career and service to the country, is... Read more »
You had 10 days to appeal and 60 days to reopen you case. You are obviously outside those 2 limitations. You could speak to an experienced criminal defense attorney about bringing a habeas application but I am not certain how successful that would be. I think you are stuck with your plea.
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