Get free answers to your Domestic Violence legal questions from lawyers in your area.
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... View More 
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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... View More
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
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
Or is some type or probation or community service availabile I have a job I need to keep
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... View More
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?
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!
Won't testify cause she doesn't remember details
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... View More
Can the magistrate be notified to have the case dropped if the victim isnt interested in pursuing legal action.
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... View More
There is a no drop policy what should i do?
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... View More
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.
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... View More
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.
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... View More
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... View More
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... View More
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.
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
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... View More
CPS is wrongly accusing my niece of child abuse because her 2 month old has been sick
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... View More
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,... View More
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.
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... View More
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.
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
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.
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
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.
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?
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.
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... View More
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.
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... View More
answered on Feb 8, 2018
You should probably speak to his attorney about the details of this case.
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