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Virginia Domestic Violence Questions & Answers
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
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...
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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
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
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
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
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
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
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
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
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
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
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.

1 Answer | Asked in Domestic Violence for Virginia on
Q: Do you think he will be able to be released at his bond hearing, even if he has a failure to appear from years ago?

He was arrested in a different county and no one will tell me when he's going to be transferred or any information about a hearing, I can't speak to him until tomorrow whenever he's able to call was arrested on friday. What should I do

Susan Fremit
Susan Fremit answered on Feb 12, 2018

I suggest you hire a local experienced criminal defense attorney as soon as possible. The longer the fail to appear has been, the less likely he will be released without argument at a bond hearing which will require the help of an attorney.

1 Answer | Asked in Domestic Violence for Virginia on
Q: What can I do to help him?

This is not his first assault within 10 years, has 3 or more none within the past 4 years though. He is being charged with a felony because of his record

Susan Fremit
Susan Fremit answered on Feb 12, 2018

Work with his attorney to reduce the negative consequences. His attorney is also in the best position to know what was told to the police.

1 Answer | Asked in Domestic Violence for Virginia on
Q: What happens when someone is charged with a domestic felony?

I had spoke to an officer and told her what happened that night, not knowing she could serve a warrant without having a statement, pictures, or a nurses documentation. What will happen?

Susan Fremit
Susan Fremit answered on Feb 12, 2018

There is a statement: what you told the police officer. Usually a domestic assault is a misdemeanor, not a felony. If this is a first time offense, the family member can complete the first offender program for a dismissal or go to trial to fight the charge.

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: My son's father was arrested for hitting me while I am pregnant with our second baby.Will I have to testify in front him

This is the second time we've been in court for this, the first time was in Virginia Beach and I dropped the charges. This time it's in Chesterfield and I had bruises on my face from him and the bedroom door was broken because of him. Police also heard a little bit because I called them in the... Read more »

Susan Fremit
Susan Fremit answered on Feb 10, 2018

You can ask the prosecutor if you can testify in camera, but it will have to be proven that you would be traumatized if you testify in front of him. Being really scared is not enough.

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1 Answer | Asked in Domestic Violence and Criminal Law for Virginia on
Q: My child’s father was arrested for assault and battery for hitting me while I was driving a car. What should I expect?

I went to pick him up from the bar because he was wasted. He hit me on our way home from the bar while I was driving. I also had our baby in the car. We are now on good terms and i do not wish anything to happen to him. What can I expect to happen to him? He also stated that he would run us off the... Read more »

Susan Fremit
Susan Fremit answered on Feb 8, 2018

You should probably speak to his attorney about the details of this case.

2 Answers | Asked in Domestic Violence for Virginia on
Q: I was falsely accused of domestic violence . I didnt do it how can i beat this charge. I live in Va .
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 24, 2018

More information is needed but your best option is to come to NJ and hire an experienced criminal/domestic violence lawyer. Most of us offer a free in office consultation. I suggest you set one up.

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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I’m pressing DV charges & 2 year PO on my daughter father. What happens if he doesn’t show?
Susan Fremit
Susan Fremit answered on Jan 22, 2018

An arrest warrant will likely be issued.

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1 Answer | Asked in Domestic Violence for Virginia on
Q: Why is my boyfriend being charged with assault on me when I️ never to police that I️ wanted to press charges?

My boyfriend got into a fight with someone. I️ put myself in the middle and tried holding him back from attacking the person. When I️ did this he kept pushing me back trying to get me off of him. He never hit me and I️ explained this to the police when they got there. I️ The other person... Read more »

Susan Fremit
Susan Fremit answered on Jan 21, 2018

Your BF pushing you to get off him could be an unwanted touching and thus an assault. Once the police arrive on the scene, whether you want to proceed with the charges or not is out of your hands. Tell your BF's attorney that your BF did not assault you as far as you are concerned and you don't... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for Virginia on
Q: 5 years later my son's dad still wont have a relationship with him. I have full custody can I change my son last name?

I left him due to domestic violence, and since I will not be with him he has abandoned his son for 5 years now. Can I change my son last name to mine?

Susan Fremit
Susan Fremit answered on Jan 20, 2018

This is not a criminal defense question. It is a family law question so I will try to redirect your question to that area of law.

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