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Virginia Domestic Violence Questions & Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on

Q: Husband charged DV 2002 completed probation & told after completion charges dismissed under 1st offender but weren’t why

He also attended anger management and paid fees. He assumed it was automatically dismissed after completion only to find out years later it wasn’t. Is there anything he can do?

Daniel P Leavitt answered on Apr 10, 2019

If he can show it was supposed to be dismissed and he complied 100 percent then yes. He has to show it was essentially a clerical error.

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Virginia on

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

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 »

Susan Fremit answered on Mar 9, 2019

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.

1 Answer | Asked in Domestic Violence for Virginia on

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

It was in 1993 and they don't even have the charges no more or the papers

Susan Fremit answered on Jan 30, 2019

Under current Virginia law, a conviction cannot be expunged no matter how much time has passed. We need the legislators to change that!

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on

Q: Bf was arrested on DV class 6 felony

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 »

Daniel P Leavitt answered on Jan 12, 2019

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.

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on

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

Domestic assault and battery

Falsifying police report saying someone stabbed you and there's evidence to back it up

Bryan J. Jones answered on Jan 10, 2019

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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1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for Virginia on

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

We have a son together but are not married. I bought my house when him and I were not together. The mortgage and bills are all in my name and only I pay for the bills. He is verbally abusive and will make threats to hit me. I have a couple recordings on my phone, but i am not sure if they will hold... Read more »

Daniel P Leavitt answered on Oct 26, 2018

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... Read more »

2 Answers | Asked in Domestic Violence for Virginia on

Q: How can I drop domestic charges

How can I drop the charges on my ex for assault and batter we both don’t come in contact and I don’t wanna testify

Steve Miyares answered on May 12, 2018

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

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1 Answer | Asked in Domestic Violence for Virginia on

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

Or is some type or probation or community service availabile I have a job I need to keep

Steve Miyares answered on Apr 30, 2018

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...
Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Virginia on

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

Evidence which was shown to the magistrate which led to the summons. What if the text messages and pictures are my only proof because the videos are gone of the assault?

Susan Fremit answered on Apr 29, 2018

If you don't have an experienced criminal defense attorney, you need to hire one now. You have presented some good cross examination information!

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on

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

Won't testify cause she doesn't remember details

Steve Miyares answered on Apr 9, 2018

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...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on

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

Can the magistrate be notified to have the case dropped if the victim isnt interested in pursuing legal action.

Susan Fremit answered on Mar 6, 2018

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... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on

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?

There is a no drop policy what should i do?

Bryan J. Jones answered on Feb 28, 2018

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... Read more »

1 Answer | Asked in Personal Injury, Domestic Violence and Internet Law for Virginia on

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

Susan Fremit answered on Feb 26, 2018

The prosecutor essentially becomes your lawyer. If you want an independent legal opinion, you might want to hire a lawyer for that purpose.

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on

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

I have a agg assault and robbery non domestic from when i was a teenager and in texas (19) im 29 now. I had been sober for months but relapsed one night drinking a

And argued with my brother and my mother called cops she told police she didnt want me to go to jail but mental health becauss... Read more »

Susan Fremit answered on Feb 25, 2018

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.

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on

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

I have no prior offenses of any kind. We were both intoxicated and do not remember the initial physical altercation. I did admit to being physical, but also did not elaborate on the extent of assualt to officers either. They did take a picture of sratches on his neck, which i dont recall doing. He... Read more »

Susan Fremit answered on Feb 24, 2018

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... Read more »

2 Answers | Asked in Child Custody, Criminal Law and Domestic Violence for Virginia on

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

About 6 months ago, My childs father allegedly threw his girlfriend (not me) across a room and choked her. She did not call the cops or file a report. He does not have a record nor has he ever shown signs of abusive behavior. And though they are no longer together they are currently sexually... Read more »

Bryan J. Jones answered on Feb 22, 2018

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.

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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on

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?

Also i told the police at the time that he was going to hit me so i got subpoenaed to his court , i don’t want to testify can they make me ?? Him and i are doing great now since it all occurred. Will he go to jail? He has no record previous to this

Susan Fremit answered on Feb 22, 2018

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... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Virginia on

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

CPS is wrongly accusing my niece of child abuse because her 2 month old has been sick

Susan Fremit answered on Feb 22, 2018

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... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Virginia on

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

I took a guilty plea in Norfolk September 2017 in a A&B case against a family member, taking the victims word as she is my wife. It has now come to light that she struck me first while I was intoxicated and I responded by hitting her twice. This has ruined my career and service to the country, is... Read more »

Susan Fremit answered on Feb 15, 2018

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.

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1 Answer | Asked in Domestic Violence for Virginia on

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.

So would this be assult she let her anger get the best of her shes in the military she assulted me once befor but i didnt show to court disnt want her to loose her job so what will happen if i press 2 more assult charges on her.can i go to the magistraight oh and would im in fear for my childs life... Read more »

Susan Fremit answered on Feb 15, 2018

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.

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