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Virginia Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Criminal Law for Virginia on
Q: If a family member calls the police on you in a heated argument and domestic assault becomes a charge

without them wanting legal action, what is typically the result of this?

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Family Law, Domestic Violence and Criminal Law for Virginia on
Q: Do I have to prove my ex boyfriend strangled me if he says he didn't
Derek Allen Colvin
Derek Allen Colvin
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

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: What are the advantages/disadvantages of Strangulation & Assault being moved from General Distr Ct to Juv Dom Relations

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

Derek Allen Colvin
Derek Allen Colvin
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

1 Answer | Asked in Family Law, Juvenile Law and Domestic Violence for Virginia on
Q: I want my minor girlfriend to live with me, would my parents get in trouble even if they don't care if she leaves or not

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

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Virginia on
Q: My wife was charged with Dom Vio on me. Our oldest son was present. It was a small incident that got out of control.

What can I do to drop charges? It’s her first offense. What should we be expecting?

Robert Tyler Bezilla
Robert Tyler Bezilla
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

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Virginia on
Q: Is gun prohibition in a New Jersey restraining order (civil case only) enforced in West Virginia? I'm moving there soon.

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

Daniel J. Miller
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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.

3 Answers | Asked in Contracts, Civil Litigation, Domestic Violence and Legal Malpractice for Virginia on
Q: If a lawyer promises to see your case through to the end are they obligated to?

Handshake was given

Joel Gary Selik
Joel Gary Selik
answered on Oct 25, 2023

No. Attorneys may be allowed to withdraw from a case in most circumstances.

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1 Answer | Asked in Domestic Violence, Elder Law and Landlord - Tenant for Virginia on
Q: My sister lives in Amherst, Virginia. A very controlling, manipulative, mentally unstable boyfriend won't leave.

How can she remove him and keep herself safe?

Steven Krieger
Steven Krieger
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!

1 Answer | Asked in Domestic Violence for Virginia on
Q: Can I go to jail if I have to go to court for domestic abuse?

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?

Ann Thayer
Ann Thayer
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...
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1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Virginia on
Q: Petitioner of no-contact order had me violated for text messages I sent her, but she texted me too before and after then

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

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2021

Sounds like you're definitely in violation. Hire a lawyer to help minimize what they do.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Virginia on
Q: How can I get a subpoena without a lawyer? May I object to questions on interrogatories due to dress?

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

Sonja Aoun
Sonja Aoun
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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2 Answers | Asked in Criminal Law, Domestic Violence and Juvenile Law for Virginia on
Q: Can your mom send you a trespassing notice and have you arrested if you go near her property?

My parents are separated and going through a legal divorce. After my mom cheated on my dad and moved in with her boyfriend she and her boyfriend who has a criminal record have been threatening me and my little siblings. She recently sent a trespassing notice to my family saying we could not be near... View More

Susan Fremit
Susan Fremit
answered on Feb 28, 2021

Since your sent you a no trespassing notice and you acknowledge receipt of that notice by tearing it up and throwing it at the front door of where she lives, she can now call the police, if you go on her property, and have you charged with the criminal misdemeanor of trespassing. She can also look... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Virginia on
Q: can I have the form in Virginia to request a motion to dismiss a preliminary removal order?

I'm just looking for the form needed to request a motion for dismissal of a removal order in Virginia.

F. Paul Maloof
F. Paul Maloof
answered on Feb 27, 2021

Go to the family court website for the form that you need, or call the clerk's office on Monday for the website link.

2 Answers | Asked in Domestic Violence and Criminal Law for Virginia on
Q: Can I refuse to testify as a domestic violence victim against my boyfriend?

I filled out a criminal complaint against my partner after an argument that got physical. It resulted in multiple charges being filed, including two felonies. I already have a PFA prohibiting acts of abuse and I really don’t wish to cooperate due to a myriad of reasons. We’ve since reconciled,... View More

Susan Fremit
Susan Fremit
answered on Feb 10, 2021

Since you started the legal process by contacting the police and giving a statement, you will be required to be available to testify at any trial. If you are subpoenaed and do not show up to testify at court, the prosecutor can ask the judge to issue a warrant for your arrest. If you refuse to... View More

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2 Answers | Asked in Domestic Violence and Criminal Law for Virginia on
Q: Should I get a lawyer to recant a statement

I filled a report that my fiancé choked me now I do not want him to lose his job

Ann Thayer
Ann Thayer
answered on Jan 11, 2021

You shouldn't be messaging or posting on social media. Anything you say can be used against you. Contact a criminal defense attorney in the county where this happened asap and get a consult. If case is in Northern VA I offer a free phone or video consult and you can contact me.

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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Can my husband still be charged and convicted of strangulation even if I’m not pressing charges?

Husband charged with strangulation. I’ve spoken to state attorney to let them know I don’t want to proceed. But they’re refusing a bond and pushing for 4tears this is his first domestic charge. What should I do

Susan Fremit
Susan Fremit
answered on Dec 30, 2020

Calling the police and giving them a statement took this out of your hands. Try working with your husband’s attorney to see what you can do to help your husband.

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Children & I don't want to appear in court. Son admits to overrating to claim dad assaulted him. Do we have to appear?

My son, daughter and I have spoken to Guardian ad litem and explained what occurred. What are our rights that we don't want to go to court?

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2020

If there is a subpoena for you to go to court you must go to court.

1 Answer | Asked in Domestic Violence for Virginia on
Q: If a police officer says I may be subpoena in a future case and I did nothing wrong but was a witness, is it possible

Is it possible to get out of the subpoena? I witness a domestic abuse case and had some video footage. I have not yet submitted it to the officer

Shemeka C Hankins
Shemeka C Hankins
answered on Nov 10, 2020

You can definitely be subpoena by the officer or the Commonwealth Attorney's Office. If the subpoena actually comes, there isn't a way to get out of it as its a court order. If it comes from the prosecutor's office, you can actually contact them and tell them your position about... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: My ex abused me for a year and a half straight, and physically assaulted me a year and eight months ago.

I just got an EPO against him for stalking and harassing me. I have the screenshots of the recent event that caused me to get the EPO, and still have evidence from when he attacked me with screenshots of him admitting to hitting me, pictures of bruises, and verbally abusing me,

he got... View More

Shemeka C Hankins
Shemeka C Hankins
answered on Nov 10, 2020

unfortunately, it depends would be the lawyer answer here. It depends on how extensive the physical abuse was - if it involved strangulation (choking) you, that's a felony and could be punishable at any point. There will be an issue obviously with your recanted statement but you could still... View More

1 Answer | Asked in DUI / DWI, Family Law and Domestic Violence for Virginia on
Q: If a judge says good behavior for a DV charge,and the ruling is AFTER you get a DWI, can he use the DWI against you?

Fiance received a ruling of good behavior for 2 years and the judge made the decision on June 1st. Well my fiance got a dwi while he was awaiting trial for the domestic violence. IF the judge made the ruling of 2 years good behavior, can the judge use the dwi against him, or would it even count if... View More

Paula Hough
Paula Hough
answered on Oct 12, 2020

Typically, an offense that occurred before the judge's order will not violate the "general good behavior" order.

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