Get free answers to your Domestic Violence legal questions from lawyers in your area.
I miss court on a AnB charge in which I was in the wrong court room after doing 30 days in jail I really want to know if I could use my time that I already have since I have a state job
answered on Jan 2, 2018
An experienced criminal defense attorney may be able to greatly assist you; especially since it sounds like you have a defense on the fta charge. Often completing 25 or more hours of certain community service and having references letters can help avoid jail.
My previous charges are exsponged. Will I likely face jail time? I am assuming DV and possibly strangulation charges are coming but have not yet been contacted by police. There was destruction of property by both parties and the alleged victim also stole a number of goods from the home we shared?
answered on Dec 25, 2017
If you went through the first offender’s program, your charge was li8kely dismissed not expunged. For a charge to be expunged, you need to brin g an application for expungement in Circuit court. Thus, thes prosecutor will know that you had a prior domestic violence charge and now you have... View More 
This is taking place in the state of Virginia. She's actually harassing me but I can't file anything against her because I don't know anything about her.. How is this even possible? She keeps filing false charges against me, I don't know what to do
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answered on Dec 16, 2017
If the Protective Order civil case was heard in General District Court, she can appeal within ten (10) calendar days. The appeal is heard in the Circuit Court of the county where the first case was filed. Contact an experienced defense lawyer in your area for a full consultation.
Virginia Domestic assault cases
answered on Dec 8, 2017
Yes, you can.
She could. Usually it is a protective order. You can still invoke your rights.
Does he have to testify against me he is the victim
answered on Nov 30, 2017
If he was served a subpoena, he has to comply with the subpoena.
Va. Code § 8.01-398. Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section).
Husband and wife shall be competent witnesses to testify for or against each other in all... View More
We were in a domestic abuse situation my husband hit me when we had a disagreement... my 13 year old daughter came out of her room to see her dad hitting me. She then hit him to get him off of me and he responded by hitting her with his fist twice once in the face the other in the chest area. Can... View More
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answered on Nov 15, 2017
The minor child may be charged with misdemeanor domestic assault. However, she may have a defense to the charge based on 'defense of others.' The prosecutor (Commonwealth Attorney) handling the case may elect to nolle prosequi or dismiss the case. Contact an experienced criminal defense... View More
i dont want him to go to jail, what will happen
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answered on Nov 13, 2017
Your husband may be eligible for a deferral program for dismissal of the domestic violence charge on a first offense. Contact an experienced criminal defense lawyer in your area for a free consultation. They can help you prepare the case to obtain the best possible results based on your... View More
We don't want to testify and are willing to do classes. This is our first offense and have 3 children. We don't want to lose any rights.
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answered on Nov 6, 2017
Depending on the facts and your criminal records, your attorney may be able to negotiate a favorable agreement with the prosecutor (Commonwealth Attorney) handling the case. It is possible that a good lawyer may get the felony nolle prosequi and the misdemeanor assault deferred for dismissal as a... View More
The child’s mother is actually trying to retaliate at the fact that my boyfriend and I have been together and we have a baby on the way. How Can I prove she is lying with these mysterious pics of bruises? How Can I prove she is a liar? So far I have text messages that she verbally abuses him, and... View More
answered on Oct 29, 2017
The only alternative you have, if his court appointed attorney won’t listen to you, is to hire an experienced criminal defense attorney. Some will accept payment plans. Wishing you the best.
What I'm asking is if it's legal to view someone who is younger than 18, when they turn 18 is it legal to view pictures of them when they were younger?
Over past 2 years she has repeatedly hit him and has been abusive. No police reports have been filed but there have been multiple eyewitness accounts. What, as the mother of the son and the grandmother of the baby, can I do
answered on Oct 6, 2017
A parent can file for a protective order on behalf of their minor child. An eyewitness to a recent crime, such as an assault and battery, can contact the police or sheriff's department. Consult with a local family law attorney or with the local domestic violence advocates (for... View More
He was arrested. After i sobered up i realized that this did not happen. I was angry and have severe anxiety. I am afraid of what will happen in court. He would never hurt me.
answered on Oct 5, 2017
Domestic assault charges are very serious and carry serious consequences. This win’t go away with you simply telling the prosecutor that you made a mistake in what you told the police. Your husband should hire a local experienced criminal defense attorney.
I was not convicted of the prior two charges. My ex husband had a charge against him as well, so we agreed on nolle prosequi. I recently slipped up and was charged a third time, unfortunately within the same year as the prior two. What does a third charge mean for me if there were no prior... View More
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answered on Oct 2, 2017
It is treated as a first offense class 1 misdemeanor in Virginia. You should expunge the arrests on the first two charges by filing two separate petitions in Circuit Court. Contact my office and we can discuss your current criminal charge and the two prior dismissals. I can help with all of them... View More
I was under the influence and assumed he hit me after falling to the floor and blacking out.
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answered on Sep 27, 2017
You need to speak to a lawyer because you are in a difficult position. The prosecutor may subpoena you and compel you to testify against your boyfriend to prove the charges. If you disavow the charges in court, you may be charged with filing a false police report. If you testify on behalf of your... View More
Husband is charged with a&b and discharging a firearm in a dwelling
answered on Sep 21, 2017
The short answer is no.
There is no waiting period required for divorce on grounds of adultery. Cruelty (under which the domestic violence would likely fall), desertion, and no-fault all require one year of separation.
If there are no minor children and a written agreement resolving... View More
Note - I didn't receive an order of protection with this, and it was not an arrest warrant, it was a summons warrant. What is the difference between those two?
answered on Sep 13, 2017
Va. Code § 18.2-57.2 is assault and battery against a family or household member.
If this is your first offense, Va. Code § 18.2-57.3 provides that "A. When a person is charged with a simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household... View More
This is the second time he is doing this and blames me for his actions. When I dialed 911 he said if i do that and cause him to loose his job, I will incur all the children expenses if he lost his job. He got dressed and left the house.
Scared and numb, not sure what to do.
answered on Sep 11, 2017
Contact a womens rights center. They can help you get an attorney, housing. His paying the expenses with a surcharge of violence does neither you or the kids a favor, which is how he's treating it.
Can criminal charges arise from the criminal complaint without physical evidence?
answered on Aug 28, 2017
You should hired a local experienced criminal defense attorney as soon as possible. Protective orders based on false allegations need to be dealt with as soon as possible! Most criminal defense attorneys will give you a free consultation. I wish you the best!
no previous convictions are on the spouses record, and the intention of the complainant was to only remove the spouse temporarily not to file charges and no prosecution is desired. The complainant is not at risk and is not fearful of the spouse, he is a full-time provider and parent. Is there a way... View More
answered on Aug 24, 2017
Va. Code § 18.2-57.2 says "Assault and battery against a family or household member; penalty.
A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor."
However, Va. Code § 18.2-57.3 provides "Persons... View More
answered on Aug 22, 2017
If you are the complainant, it is really out of your hands and in the Commonwealth's (prosecutor's) hands. The person with the ADHD should hire a local experienced criminal defense attorney and should share both the fact that he/she has ADHS AND that you don't want to proceed with the charge.
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