My boyfriend was charged with his first misdemeanor DV charge. The victim made a statement under the influence of alcohol and the police took pictures of arm scratches (did not break the skin). He has no criminal record. What will the court most likely rule? Will he go to jail?
The answer to the question depends on a number of factors. Obviously with no criminal record and minimal injuries, things could be looked at very positively by the court. However, a domestic violence charge in Virginia carries up to twelve months in jail and up to a $2500 fine, if he is found...Read more »
Typically, the answer to your question would be no unless they overcame an exception to the rules of evidence about patterns or modus operandi which means a method in which you operate to commit the crime. I would speak to your lawyer about what happened in court. You have a right to appeal...Read more »
My wife's paramour was found to have abused my children. I have full custody. The Protective order was issued after a Full Hearing was held with all parties present. The judge only issued it for 60 days so I could get it in front of my county's Custody court for a modification to make the... Read more »
Virginia Beach does permit a Nolle Prosequi/ dismissal with a first offense depending upon the circumstances of the case. There are factors that prohibit a dismissal and lead to a trial by a judge. Every case is different. When in doubt, hire a lawyer. The victim of the case is always permitted to...Read more »
Likely you will be offered a first offender program: complete anger management, alcohol treatment if alcohol involved and maybe community service for dismissal of charge. Such a route is never eligible for expungement but at least a conviction is avoided.
Any adult person who has sexual contact with a minor can still be charged with a crime even if there was consent. Sounds like this person needs to consult an attorney regarding his rights and defenses to see if there is something he can do to minimize the charges against him. The court could ask...Read more »
One night, my girlfriend and I got into an argument, because she gave me her credit card to get juice, I ended up purchasing that along with a few items she wasn’t aware of. When she checked her bank she saw there was charges she didn’t recognize, as we drank alcohol she confronted me about it... Read more »
Unfortunately, you have put your girlfriend in at tough situation. In most jurisdictions in Va, the Commonwealth Attorney's office will be involved on the case if she was charged with assault and battery against a family member. This will apply if you are in a relationship and having been...Read more »
And came back he was angry and I was afraid so I ran and when I ran I cut my legs up like by wood branches how ever he never touched me or pushed but they did charge him with simple assault... what can I do to help him I dont want longterm damage to his life we do have a child in common and I love... Read more »
It's up to the prosecutor to move forward or not. If you are the only witness then they would need your testimony to convict. It's best for you to probably retain a lawyer for an hour to go over everything with you.
My fiance and I had gotten into an argument and the neighbors heard us and called the police. We were yelling but no physical contact was made. I didn't press the charges nor did I testify how can I get this lifted so we can finally get married and see each other
First and foremost, who is the protective order against? The person who asked for the restraining order can go to the court to petition to have it dissolved by the court. Most protective order require someone to request it. If it was a restraining order that arose out of this incident, those are...Read more »
Even if this is a misdemeanor, if your case is assault and battery against a family member, there will be a lawyer on the other side for the Commonwealth Attorney's office who will prosecute your case. If that is the case, you really want to be careful about going in without an attorney...Read more »
From home security that shows him trying to get my phone because he seen a message on my phone to another man. We have been together for 12 years. I went to hospital 2 days later and have 2 broken ribs and a dislocated rib. He had been drinking and acted in the heat of the moment. Will he get out... Read more »
I was arrested for a domestic violence assault charge. We were both highly intoxicated she kept changing her stories to police and had no injuries. I was arrested and taken to the magistrate and released on a summons. My question is will I go to jail or have to have a bond on my first court date?
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.
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