answered on Oct 8, 2020
Unfortunately, the answer is "it depends." There may be ways for the case to be proven without their testimony if the police were involved. They may not assert their fifth amendment privilege correctly and the court may compel them to answer the question or face contempt. It sounds like... View More 
One was back in 2007 or 08. The other was 2018. Both Dismissed
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answered on Sep 10, 2020
You will need to get both Charges also EXPUNGED from your record. Dismissals do not also include erasing the charges from your criminal record. You will probably need a competent attorney, and I recommend calling the NRA for a referral.
to the common wealth attorney & the prosecutor that I'm no interested in pursuing charges do I still need to be at the preliminary hearing
answered on Aug 14, 2020
If you are given a subpoena, you are required to go to court. If you have concerns about testifying as a witness for the prosecution (commonwealth's attorney), you may want to reach out to a local attorney to discuss your legal options.
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?
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... View More
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.
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... View 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... View More
answered on May 26, 2020
I regret that I do not handle protective order case or domestic relations matters. Sorry.
If person called police for domestic violence but nobody got arrested, does it show on the person record or just a file was reported?
answered on Apr 8, 2020
If there was no arrest, there should not be anything on a criminal record.
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... View More
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 .
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.
Will they ask for a dna test since I got pregnant, can he still get in trouble if I gave consent
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... View 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... View More
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... View 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... View More
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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.
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
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... View More
She is still my girlfriend and is willing to come to court on my side .
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... View More
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?
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.
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... View More
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.
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?
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.
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... View More
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?
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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.
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... View More
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.
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