Get free answers to your Domestic Violence legal questions from lawyers in your area.
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
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
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.
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
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
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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
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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
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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
My 22 YO Daughter is the victim of Strangulation & Assault (2 counts of Abduction was dropped) by her then boyfriend. At the Prelim Hearing, the Commonwealth Attorney asked my daughter if she and the defendent were living together. My daughter said yes and ther next thing I know the case has... View More
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answered on May 22, 2023
The Juvenile and Domestic Relations District Court ("JDR") maintains original jurisdiction for these types of claims if the victim/offender cohabitate together. There is no substantive difference between General District Court and JDR in the prosecution of these offenses. The initial... View More
Basically my girlfriend has a really bad home life, she constantly goes hungry from lack of food, her mom is abusive emotionally and physically and her stepdad is a sick perverted man and she has no friends other than me and her one friend. My parents wouldn't mind if she lived with us but... View More
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answered on May 2, 2023
It is important to understand that laws regarding minors vary by state, and in many cases, a minor cannot legally leave their home without parental consent or a court order. If your girlfriend's home life is truly abusive and unsafe, it may be possible to seek legal options for her to leave... View More
What can I do to drop charges? It’s her first offense. What should we be expecting?
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answered on Apr 25, 2023
In Virginia the Commonwealth Attorney decides whether to drop the charges in court. That said, they will listen to your wishes as the "victim." Under the Va code and the Va constitution they have to seek your input before disposing of a case. You will get a chance to tell them you want... View More
How can she remove him and keep herself safe?
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answered on Feb 22, 2022
She needs to provide notice and then file the eviction paperwork with the court. I'm sure anyone who responds would be happy to hep if you decide to hire an attorney. Good luck!
My girlfriend called the cops on me and showed a bruise on her face saying that I had hit her. I was taken to the detention center were I was given a restraining order not to speak to her for 3 days. I have court on Monday about the case. I want to know if I can go to jail?
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answered on Jan 5, 2022
If you have a pending criminal case you need to consult a criminal attorney who handles these and get a private consult. You should not be discussing specific facts of a pending criminal case on a public site like this.
Yes....in Virginia you could get jail time but there are also... View More
The petitioner alerted the court that I had sent her text messages. This was a violation of a no-contact protective order AND a no contact condition of a sentence that included 12 months of suspended time. However, she also sent text messages and engaged in several lengthy text conversations with... View More
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answered on Nov 20, 2021
Sounds like you're definitely in violation. Hire a lawyer to help minimize what they do.
How can I get a subpoena without a lawyer?
May I object to questions on interrogatories due to dress? The questions are absolutely placing me under duress and giving him all of the criminal evidence used against him
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answered on Apr 29, 2021
In some cases, you may request the clerk's office to issue a subpoena for you. The clerks cannot give you advice about how to request the subpoena, but many courts have forms available. A good place to start is the website of the court your legal matter is in. The Supreme Court of Virginia... View More
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