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Virginia Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: My boyfriend was charged with his first misdemeanor DV charge. He has no criminal record. What will the court prob. say?

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?

Shemeka C Hankins
Shemeka C Hankins answered on Jul 2, 2020

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 »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Can evidence from a previous DISMISSED DV case be used to convict a defendant in a new DV case?

1st DV case dismissed without any court proceedings. Victim didn't show, case dismissed.

2nd DV case 3 month later, prosecutor and judge used evidence from first dismissed case, to establish "history" and convict defendant, with bare minimum evidence for this new case.

Shemeka C Hankins
Shemeka C Hankins answered on Jun 11, 2020

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 »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Virginia on
Q: In Powhatan county Virginia I have a Protective Order for my children against my wife's paramour. How do I extend it?

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 »

F. Paul Maloof
F. Paul Maloof answered on May 26, 2020

I regret that I do not handle protective order case or domestic relations matters. Sorry.

1 Answer | Asked in Domestic Violence for Virginia on
Q: Does domeatic violence cases show on record?

If person called police for domestic violence but nobody got arrested, does it show on the person record or just a file was reported?

Susan Fremit
Susan Fremit answered on Apr 8, 2020

If there was no arrest, there should not be anything on a criminal record.

3 Answers | Asked in Domestic Violence for Virginia on
Q: My husband was charged w/ a class 1 misdemeanor for domestic violence. It’s his first offense. Can the charges be drop?
Brian M. Latuga
Brian M. Latuga answered on Mar 14, 2020

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 »

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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I was wondering what could possibly be the outcome at court for a class 1 misdemeanor for assault first offense?

I was intoxicated and argued with my husband and it got a little physical and was arrested for assault because he had a red mark on him .

Susan Fremit
Susan Fremit answered on Feb 22, 2020

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.

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1 Answer | Asked in Domestic Violence for Virginia on
Q: If I’m going to court for having sex with someone 25 when I was 17 What will happen

Will they ask for a dna test since I got pregnant, can he still get in trouble if I gave consent

Shemeka C Hankins
Shemeka C Hankins answered on Feb 11, 2020

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 »

1 Answer | Asked in Domestic Violence for Virginia on
Q: My girlfriend & I got into a heated argument, she is now being charged with assault and battery.

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 »

Shemeka C Hankins
Shemeka C Hankins answered on Feb 7, 2020

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 »

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Hello so me and my boyfriend got in argument and no physical contact or any hitting was involved but how ever he left

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 »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 11, 2020

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.

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2 Answers | Asked in Domestic Violence for Virginia on
Q: How to get a restraining order lifted in Virginia.

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

Shemeka C Hankins
Shemeka C Hankins answered on Jan 6, 2020

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 »

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2 Answers | Asked in Domestic Violence for Virginia on
Q: I was charged with a misdemeanor simple assault on my girlfriend and didn’t get a lawyer should i?

She is still my girlfriend and is willing to come to court on my side .

Shemeka C Hankins
Shemeka C Hankins answered on Jan 6, 2020

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 »

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1 Answer | Asked in Domestic Violence for Virginia on
Q: How does the state of Virginia look at domestic violence between brothers and one is innocent?

My boyfriend had arrested and then bailed out the same night. He goes to trial tomorrow. He's innocent. He was defending himself against his brother who was attacking him. What will happen tomorrow?

Susan Fremit
Susan Fremit answered on Dec 6, 2019

Your BF has a defense if he was defending himself. If the judge believes your BF’s story, the charge will be dismissed.

2 Answers | Asked in Domestic Violence for Virginia on
Q: My boyfriend, father of my child, child is 10 years old, has been charged with malicious wounding. There is a video

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 »

Susan Fremit
Susan Fremit answered on Nov 21, 2019

Speak to the prosecutor about wanting him home and the charge being reduced. The problem is, the prosecutor won’t want to risk your BF hurting you again or your son.

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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I was arrested for a misdemeanor domestic violence assault.

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?

Susan Fremit
Susan Fremit answered on Nov 17, 2019

You already have bond; that’s what released on a summons means. At your next court hearing you will be asked if you will be hiring your own attorney or not and a trial date will be set.

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1 Answer | Asked in Domestic Violence for Virginia on
Q: Do you have to testify against your spouse in a domestic abuse case where you were the victim?
Michael Christopher Miller
Michael Christopher Miller answered on Jun 20, 2019

Rule 2:504 SPOUSAL TESTIMONY AND MARITAL COMMUNICATIONS PRIVILEGES (Rule 2:504(a) derived from Code § 8.01-398; and Rule 2:504(b) derived from Code § 19.2-271.2)

(a) Privileged Marital Communications in Civil Cases.

1. Husband and wife shall be competent witnesses to testify for...
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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
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
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
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
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
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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