Virginia Domestic Violence Questions & Answers

Q: My child father attacked me in front of our child. His 2nd domestic violence charge. Will he get custody/visitation?

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Virginia on
Answered on Mar 9, 2019
Susan Fremit's answer
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.

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

1 Answer | Asked in Domestic Violence for Virginia on
Answered on Jan 30, 2019
Susan Fremit's answer
Under current Virginia law, a conviction cannot be expunged no matter how much time has passed. We need the legislators to change that!

Q: Bf was arrested on DV class 6 felony

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
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.

Q: What is the likely hood of jail time and for how long for

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Jan 10, 2019
Bryan J. Jones' answer
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.

Q: I want my boyfriend to leave my home and he is refusing to. It is my home that I own.

1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for Virginia on
Answered on Oct 26, 2018
Daniel P Leavitt's answer
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 you can get the court to order him out of the home.

Q: How can I drop domestic charges

2 Answers | Asked in Domestic Violence for Virginia on
Answered on May 12, 2018
Steve Miyares' answer
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

Q: First time offense clean record , they say I allegedly shot paintballs /missle at a car will I go to jail ?

1 Answer | Asked in Domestic Violence for Virginia on
Answered on Apr 30, 2018
Steve Miyares' answer
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 recommend you privately consult with and retain an experienced criminal defense areorney in your local jurisdiction to represent you. Good luck.

Q: My fiancee has a court hearing for domestic assault and she has sent numerous text messages stating that she has erased

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Virginia on
Answered on Apr 29, 2018
Susan Fremit's answer
If you don't have an experienced criminal defense attorney, you need to hire one now. You have presented some good cross examination information!

Q: My son has a malicious wounding charge against his girlfriend. She wrote stating it is all a misunderstanding

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Apr 9, 2018
Steve Miyares' answer
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 matter dropped, bit the prosecutor can still choose to prosecute the matter. Even if the girlfriend doesn’t want to cooperate, it might be possible for teborosecution to proceed using prior statements,...

Q: In va if a victim in abuse case doesn't press chargers and and the county issue a warrant

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Mar 6, 2018
Susan Fremit's answer
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 outcome, you need to hire a local experienced criminal defense attorney.

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?

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Feb 28, 2018
Bryan J. Jones' answer
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 take your request into account when deciding how to handle the case.

Q: If I am victim in extortion case, do I need a lawyer?

1 Answer | Asked in Personal Injury, Domestic Violence and Internet Law for Virginia on
Answered on Feb 26, 2018
Susan Fremit's answer
The prosecutor essentially becomes your lawyer. If you want an independent legal opinion, you might want to hire a lawyer for that purpose.

Q: I got a class 5 "threat to burn" charge against my mothers house in chesterfield va and got a pr bond. Probation option?

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Feb 25, 2018
Susan Fremit's answer
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.

Q: I got a domestic violence charge against my live in boyfriend, in which alcohol is involved. Can I get out innocent?

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Feb 24, 2018
Susan Fremit's answer
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 dropped. Work with his lawyer.

Q: What is the statute of limitations for a non-cohabitant boyfriend assault & battery case? Could this affect our child?

2 Answers | Asked in Child Custody, Criminal Law and Domestic Violence for Virginia on
Answered on Feb 22, 2018
Bryan J. Jones' answer
The police would have to bring charges within one year of the incident. The type of proof necessary could be the girlfriend's statements or other witness statements or pictures of injuries.

Q: My husband is being accused of kicking in a sibling of mines door , no one was present at the time b&e do i hve to test?

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Feb 22, 2018
Susan Fremit's answer
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 lawyer about whether the charge can be amended to something like a trespass charge.

Q: How can I find a competent child abuse attorney in northern VA?

1 Answer | Asked in Domestic Violence and Family Law for Virginia on
Answered on Feb 22, 2018
Susan Fremit's answer
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 reviews if there are any (if there are not any, ask yourself "why?") and talk to friends. Most attorneys will give you a free consultation.

Q: New evidence after I pled guilty to Assualt and Battery case

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Virginia on
Answered on Feb 15, 2018
Susan Fremit's answer
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.

Q: My girl punched me twice in the same day but in two differnt citys so should she also slapped my child so what should.

1 Answer | Asked in Domestic Violence for Virginia on
Answered on Feb 15, 2018
Susan Fremit's answer
You can go to the magistrate in each of the 2 cities where you say you were assaulted. But wouldn’t it be better to convince her to get into counseling and anger management? And yes, she could lose her job if she is convicted.

Q: Do you think he will be able to be released at his bond hearing, even if he has a failure to appear from years ago?

1 Answer | Asked in Domestic Violence for Virginia on
Answered on Feb 12, 2018
Susan Fremit's answer
I suggest you hire a local experienced criminal defense attorney as soon as possible. The longer the fail to appear has been, the less likely he will be released without argument at a bond hearing which will require the help of an attorney.

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