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I had a first-time offender domestic violence plea in Virginia and have successfully completed all the terms of my sentence as required by the judge. There were no specific restrictions mentioned in my plea agreement regarding firearm possession. Am I now eligible to buy a gun for protection?
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answered on Mar 16, 2025
Both Virginia and the federal government have statutes prohibiting the possession of firearms by people "convicted" of a misdemeanor crime of domestic violence (under Virginia law, for a period of three years following conviction, and under federal law in perpetuity). If your case was... View More 
I filed for a temporary protective order today. There are no specific conditions mentioned in the order, and I have not been notified of any restrictions. Can I still purchase a firearm under these circumstances?
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answered on Feb 27, 2025
As the petitioner, you are not "subject to" the protective order for purposes of Virginia's gun laws. The prohibitions relate to the respondent you have filed against. You should be fine so long as nothing else disqualifies you from purchasing or possessing a firearm.
My boyfriend was falsely accused of abuse. A colleague called the police and gave a false statement, but I denied the allegations. However, he was still taken into custody. He was charged with simple assault (secured bond) and a DUI (unsecured bond). Despite seeing a judge and being told of his... View More
answered on Feb 15, 2025
It’s important to know what city your boyfriend has been charged in. If he has been processed by the magistrate and received a bond then contact a bail bondsman. But there’s a chance that he has not received a bond and will have to wait to go before the judge.
My boyfriend was falsely accused of abuse. A colleague called the police and gave a false statement, but I denied the allegations. However, he was still taken into custody. He was charged with simple assault (secured bond) and a DUI (unsecured bond). Despite seeing a judge and being told of his... View More
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answered on Feb 15, 2025
If he has a bond then they have to let you bond him out. It stinks that it's on the weekend and it's a holiday weekend. So the courts are closed.
I've had the jail blame the court before and say they don't have the proper paperwork from the court. If that's truly... View More
I was arrested along with my spouse because the police couldn't determine an aggressor during an incident. We both signed an Emergency Protective Order (EPO). We have a court date after the EPO expires, and my spouse and I plan to settle our differences before then. There are no anticipated... View More
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answered on Feb 13, 2025
Generally domestic assault and battery cases are determined by what evidence there is and how the prosecutor decides to proceed. Any statements you and/or your husband made are admissible against yourselves. I had had cases where the other spouse doesn't want to proceed but the prosecutor... View More
No transcripts were received with my FOIA request from the court. The company who has the transcript quoted cost of $600. As the victim in this case, are any options available to obtain a copy for free?
I later sent this to the court:"Virginia Law § 19.2-165,The reporter or other... View More
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answered on Oct 30, 2024
Unfortunately, FOIA involves the requesting party having to pay for the reasonable costs of production. Additionally, the statute you cite includes the following language: "Upon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable... View More
I have a family member who is having a mental breakdown and has been continually harassing my pregnant wife and I with hurtful messages over the last few weeks. This individual continually insulted us through social media and phone over the last few weeks, and even tried to contact me from a... View More
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answered on Oct 23, 2024
As you indicate, there is no evidence that would establish an apprehension of physical harm; however, it sounds like this person is returning to your residence uninvited. Accordingly, trespassing may be an avenue to keep him away from your home. Just be sure to comply with notice requirements as... View More
In the decision it is stated:
"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a... View More
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answered on Jun 21, 2024
This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date... View More
I am in my early 30s and have been experiencing mental and verbal abuse from my parent for years. Despite going through therapy and attempting reconciliation, there has been no change in their behavior, and I have decided that enough is enough. I would like to know if it is possible to obtain a... View More
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answered on Apr 13, 2025
Yes, it is possible to request a restraining order against a parent for mental or emotional abuse. In many states, restraining orders can be sought for cases of verbal abuse, harassment, or threats, even if there hasn't been physical violence. If you are experiencing ongoing mental and... View More
I am renting a property and recently tried to help someone with temporary living arrangements. This person has become problematic, and I have a protective order preventing them from contacting me and my children. The police and my leasing office suggested I change my lock code because someone... View More
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answered on Apr 12, 2025
Yes, you can change the lock code without providing it to the person who is not on your lease, especially considering the safety concerns you have mentioned. As a tenant, you have the right to control access to your home, and if someone is entering your property without permission, you are entitled... View More
My husband and I previously filed taxes jointly and entered a payment plan with the IRS. We are now separated due to abuse, and I'm filing taxes separately. He has failed to pay his portion of our agreed tax payment plan. I've been unable to contact the IRS for guidance and have an audio... View More
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answered on Apr 12, 2025
It’s understandable that you’re facing a difficult situation, especially given the financial and emotional stress of your separation. Since the IRS payment plan is in both of your names, you're still responsible for the full amount owed, even if your spouse is not contributing. The first... View More
I called the police on my dad due to a domestic assault incident where he hit my sister with a frying pan. We are living in Virginia, pending asylum, and worried about our immigration status. My dad was taken by the police for a few hours and then released with a court date on March 28th. He... View More
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answered on Mar 20, 2025
This situation is serious, and it’s understandable to be concerned about how it could impact your asylum case. If your dad is formally charged with domestic assault, it could have immigration consequences, including the risk of deportation. Certain criminal convictions, especially those involving... View More
In Virginia, can parents of an adult child be held liable or face legal consequences for sheltering the adult child from law enforcement if there are active warrants for the child's arrest? The warrants are related to breaking orders of protection and making death threats against the... View More
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answered on Feb 27, 2025
Parents cannot be prosecuted as accessories after the fact on a felony offense, if the conduct in question is them assisting their child to avoid arrest or prosecution.
My boyfriend was recently arrested in Hanover, VA, for a false allegation of simple assault and his third DUI. He was not driving at the time officers contacted him, and the keys were on the passenger seat while he drank after the car was off. He refused a field sobriety test and a Breathalyzer at... View More
answered on Feb 17, 2025
I know this is gonna sound cliché, but the best way to fight the cases is to hire an experienced DUI and criminal defense attorney in Hanover.
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answered on Feb 8, 2025
Proving mental incapacity to justify a missed deadline requires strong evidence showing that you were unable to manage your affairs during the relevant time period. Medical records from doctors, psychologists, or hospitals can help demonstrate that your condition severely impaired your ability to... View More
Can I have a 18.2-57.2 charge deferred to 18.2-57.3 if it was first and only offense? Charge and conviction happened in 2009 and I’m looking to see if I can have it deferred pursuant of 18.2-57.3. Any clarification would be greatly appreciated.
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answered on Aug 14, 2024
Unfortunately, the first offender statute only applies to a case before it's adjudicated. It sounds like you were convicted many years ago and so it is now too late to seek a deferral under 18.2-57.3.
I have NO criminal record. I'm moving from New Jersey to West Virginia soon to retire there and want to do some deer hunting and get a hand gun for home protection too. My ex wife in NJ got a restraining order against me in a divorce action (civil case) about two decades ago. Will I pass a... View More
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answered on Jun 6, 2024
This question has been posted in Virginia. West Virginia and Virginia have slightly different laws. Please repost in W. Virginia to get accurate responses.
Handshake was given
answered on Oct 25, 2023
No. Attorneys may be allowed to withdraw from a case in most circumstances.
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
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