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Virginia Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Criminal Law for Virginia on
Q: Handling protective order and related charge with separate attorneys.

I was informed that a protective order and a related charge filed against me may require separate legal representation. Currently, I have a court-appointed attorney for the charge, but I'm unsure how the protective order should be addressed. Do I need a different attorney for the protective... View More

David G. Parker
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answered on Aug 17, 2025

What you're very likely to see is the judge carry over a preliminary protective order hearing until the resolution of the criminal trial. If the trial concludes in the Commonwealth's favor, it's pretty typical for an associated protective order request to be granted. You can... View More

2 Answers | Asked in Domestic Violence, Criminal Law and Gov & Administrative Law for Virginia on
Q: Charged with domestic violence assault in Virginia, concerned about jail time.

I was recently charged with domestic violence assault. I fully cooperated with the sheriff, and both my and my wife's statements matched. I was released on an unsecured bond two hours later. I've since completed an anger management class online and have signed up for ongoing anger... View More

Christopher M Bell
Christopher M Bell
answered on Jul 9, 2025

Whether you face jail time depends entirely on the judge you appear before. Some judges are lenient, some take domestic violence very seriously. With that being said, you have many mitigating factors in your favor, and you have already taken several proactive steps that will appeal to the judge.... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Will a no contact order remain if assault charges are dropped in Virginia?

I was out on bond for a felony charge and violated my bond due to an assault charge from my girlfriend. As part of my new bond conditions, the court is issuing a no contact order. I haven't accepted bond yet because of this order. My girlfriend and I will go to court next week, and we've... View More

Christopher M Bell
Christopher M Bell
answered on Jul 9, 2025

If the assault charges are dismissed there is no bond. The bond goes away with the charges unless you have other matters that are pending before that court. The only way you would be prohibited from contacting her is if there is an active protective order in place prohibiting contact. But if there... View More

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2 Answers | Asked in Domestic Violence and Criminal Law for Virginia on
Q: Can I buy a gun in Virginia after completing a domestic violence plea sentence?

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?

David G. Parker
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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

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1 Answer | Asked in Domestic Violence and Criminal Law for Virginia on
Q: Can I purchase a firearm if I filed for a protective order in Virginia?

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?

David G. Parker
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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.

2 Answers | Asked in Criminal Law, Domestic Violence and DUI / DWI for Virginia on
Q: How to resolve jail release delay after false abuse accusation and charges?

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

Daniel P Leavitt
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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

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2 Answers | Asked in Criminal Law, Domestic Violence and DUI / DWI for Virginia on
Q: How to resolve jail release delay after false abuse accusation and charges?

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

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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.

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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Arrested with spouse after undetermined aggressor, signed EPO, seeking case dismissal in Virginia.

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

Daniel P Leavitt
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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

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Trying to obtain transcript of a specific court date in PW County Virginia criminal court case in which I was the victim

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

David G. Parker
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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

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1 Answer | Asked in Family Law and Domestic Violence for Virginia on
Q: Can I get a VA Protective order for stalking/harassment without a specific threat of bodily harm?

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

David G. Parker
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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

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Virginia on
Q: Decision for Rahimi v United States, is a LIFETIME firearms ban now considered unconstitutional? (Read Details)

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

James L. Arrasmith
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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

1 Answer | Asked in Domestic Violence, Employment Law, Family Law, Personal Injury, Public Benefits and Landlord - Tenant for Virginia on
Q: How can I seek housing assistance and regain custody after losing my home and possessions due to a neighbor's crash and landlord's inaction?

I recently relocated to Norfolk, Virginia, to escape a long history of abuse. On arrival, a gas station attendant contacted the V.A. due to my naval background, resulting in someone picking me up who later became my neighbor. Unfortunately, this person drugged and assaulted me, stole my V.A.... View More

James L. Arrasmith
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answered on Nov 5, 2025

That sounds like an incredibly painful and unjust situation, and it’s understandable that you feel overwhelmed. In Virginia, there are legal and housing resources that can help you stabilize your situation and begin the process of regaining custody of your son. Because you are a veteran receiving... View More

1 Answer | Asked in Employment Law, Health Care Law and Domestic Violence for Virginia on
Q: How can I get removed from my ex's insurance in Virginia?

I need assistance getting removed from my ex's insurance plan. I've had my own insurance since July 2024, but have been on his plan since 2003. Despite my ex and his insurance company agreeing to remove me, HR at his company has refused to do so. They mentioned that a life event paper... View More

James L. Arrasmith
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answered on Oct 26, 2025

Start by protecting your care: call your current insurer and your pharmacy to correct coordination‑of‑benefits, set your plan as primary if appropriate, and direct providers to bill it first so your prescriptions and treatments proceed without delay. Request an expedited prior‑authorization... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Virginia on
Q: How can I arrange for my child to speak in camera with a judge in VA court?

I am facing ongoing issues with my ex-partner, who demonstrates aggressive behavior and mental instability, negatively impacting our 12-year-old son. During visits, my ex-partner allows excessive use of electronics and fails to provide adequate nutrition. Despite attempts to modify visitation... View More

James L. Arrasmith
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answered on Oct 20, 2025

You are right to want the judge to hear your son directly; Virginia permits the court to consider a child’s reasonable preference in custody and visitation, and at 12 his voice will carry weight if the judge finds him sufficiently mature. You can ask the judge to speak with him in chambers to... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: What steps should I take if my ex has filed an assault charge against me after a breakup?

I'm involved in a situation where my ex-partner has filed an assault charge against me following our breakup. There was an altercation, but no witnesses were present, although we have text messages indicating a fight occurred. I have not been contacted by the police yet. Additionally, she has... View More

James L. Arrasmith
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answered on Oct 16, 2025

It’s understandable to feel anxious about this, especially when you haven’t yet been contacted by the police. The most important thing you can do right now is to **avoid all contact with your ex**, no matter what she says or sends. Even if her texts seem friendly or apologetic, any... View More

1 Answer | Asked in Domestic Violence and Personal Injury for Virginia on
Q: Is it legal for my husband to punch me during an argument?

I had an argument with my husband during which he punched me really hard in the chest, causing ongoing pain. I did stab him with a pen, but it wasn't sharp or done with much force, and it didn't cause him any injuries. This kind of physical altercation has not happened before between us,... View More

James L. Arrasmith
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answered on Oct 10, 2025

What your husband did is not legal. No matter what was said or how intense the argument became, punching you hard enough to cause pain or injury is considered **domestic violence** under the law. Physical assault between spouses is a criminal act, even if it only happens once. The fact that you... View More

1 Answer | Asked in Domestic Violence and Constitutional Law for Virginia on
Q: Does prohibiting victim communication with defense attorney violate First Amendment rights in VA domestic violence case?

In a domestic violence case where the alleged perpetrator is accused of assaulting the alleged victim, is the alleged victim forbidden from communicating with the defense attorney if they oppose the prosecution and believe the alleged perpetrator to be not guilty? If such a restriction exists,... View More

James L. Arrasmith
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answered on Sep 29, 2025

As the alleged victim, you generally have the right to speak with the defense attorney if you choose to. Once the temporary protective order expired, there is no legal barrier preventing you from voluntarily communicating with the defense, unless the court has imposed a new restriction. Prosecutors... View More

1 Answer | Asked in Domestic Violence, Employment Law, Family Law, Gov & Administrative Law, Personal Injury and Landlord - Tenant for Virginia on
Q: Need legal help after HUDVASH housing loss and assault in Norfolk, VA.

I am a Navy Veteran who relocated from Camden, NJ to Norfolk, VA to escape an abusive relationship. I moved into HUDVASH housing, but I was sexually assaulted, robbed, and the perpetrator crashed his SUV into my home, leaving my son and me homeless. Despite reporting the case to the police and... View More

James L. Arrasmith
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answered on Sep 21, 2025

The first step is to reach out to legal aid organizations in Norfolk, VA, that provide assistance to veterans and survivors of domestic violence or sexual assault. They can help you navigate housing issues, protective orders, and any claims for damages resulting from the assault and property... View More

1 Answer | Asked in Domestic Violence, Landlord - Tenant, Personal Injury, Public Benefits, Civil Rights and Civil Litigation for Virginia on
Q: Seeking legal steps for safety, housing support, and restitution after assault in Norfolk, VA.

I escaped a 16-year abusive relationship and relocated to Norfolk, Virginia, where I was placed in HUD-VASH housing. Unfortunately, my new neighbor raped me, stole my V.A. debit card, and took my disability payments until my son found the card in the neighbor's mailbox. This neighbor then... View More

James L. Arrasmith
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answered on Sep 20, 2025

First, your immediate safety and your son’s safety are the top priorities. You should contact **local law enforcement and child protective services** to report the ongoing threats and the unsafe living conditions, and ask for emergency protective measures or placement for your son if needed.... View More

1 Answer | Asked in Domestic Violence, Employment Law, Family Law, Personal Injury, Public Benefits and Landlord - Tenant for Virginia on
Q: What legal steps can I take to regain housing support and seek restitution for losses after abuse and assault?

I escaped a 16-year abusive relationship and relocated to Norfolk, Virginia, where I was placed in HUD-VASH housing. Unfortunately, my new neighbor sexually assaulted me and stole my V.A. debit card, taking my disability payments until my son found the card in the neighbor's mailbox. The... View More

James L. Arrasmith
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answered on Sep 20, 2025

The first step is to **contact your local HUD-VASH caseworker or the Veterans Affairs office** to report the assault, theft, and housing loss. Explain that the previous housing placement is no longer safe and request an emergency transfer or temporary housing. Document all incidents, including... View More

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