Get free answers to your Domestic Violence legal questions from lawyers in your area.
I've heard if she attends arraignment and she wishes to drop it that they can probably put me on a probationary period if especially if the case is minor ...?
answered on Nov 5, 2016
Generally the prosecutor will not simply drop a domestic assault charge because the wife does not want to "press charges"; it is now out of her hands once the police were called and you were arrested. It sounds like you are talking about the first offender program which includes a... View More 
Will Virginia automatically press charges?
answered on Oct 9, 2016
A prosecutor will decide whether to prosecute based upon prosecutorial merit. If he has a non-cooperative alleged victim, that severely limits prosecutorial merit. There is nothing automatic one way or the other. Each case stands or falls on its own merit.
during protective order i text to my wife's phone on my son's birthday , now protective order removed by circuit court and it's dismissed completely , does this remove my misdemeanor order , the words on text was only ( happy birthday i love you ) that's it , none other... View More
answered on Sep 30, 2016
Your question seems to be whether a criminal charge filed due to certain circumstances is automatically dismissed due to a change in those circumstances. The answer is no. The state (or commonwealth) files charges and is therefore the entity that would generally dismiss them. Contact an attorney... View More
Be safe about things because he's been attacking me for a couple weeks off and on
answered on Sep 26, 2016
If you got a protective order is against your boyfriend, call the police if you see him around. You won't get into trouble. If your boyfriend got a protective order against you, you must avoid him.
stepdaughter has apartment in Staunton, VA. She's trying to break it off with boyfriend who has violent tendencies and threatens her with "his people." She has left premises because she is fearful of him. He won't leave. He has been staying there without landlord knowing it. He... View More
I left him 5 years ago because of abuse and he lied in court and was granted custody of our daughter. This time I want to leave for good but I am afraid that he will manipulate the process again and take everything.
answered on Aug 26, 2016
You need to speak to a family law lawyer not a criminal defense attorney. Please go back to "ask a Lawyer" and click on "family law". All the best to you!
I want to file for divorce but I don't have the money. I live in Maryland
answered on Aug 20, 2016
This section is for criminal offenses. It sounds like you need to speak to a family law lawyer in MD. Click on "ask a lawyer" in the area of family law in MD on this website. Best of luck to you!
answered on Jul 26, 2016
It depends - was it a suggestion made by the judge during the case, or was it actually ordered that you file for a protective order? Failing to obey a court order could cause you to be charged with contempt of court. Consider reaching out to a family law or general practice attorney in your area... View More
He got robbed and filed for the "domestic violence green card", but it has been 2 years, and we haven't heard any news. Is there any way I can help him? Thanks
answered on Jul 13, 2016
If he has been the victim of a crime and has applied for a "U Visa," he is likely already on the best path. If you were married, you could petition for him as your spouse, but he may have to return to his home country for processing. If he had an attorney help with the pending... View More
answered on Jul 11, 2016
If he has a lawyer, he needs to ask that person if there is a way to address the case before the trial date. Many jurisdictions will not advance a case sooner on the docket without a compelling reason to do so.
I was the victim in a domestic violence case and I choose to not want to testify however there was a subpoena delivered to my house but wasn't given directly to me it was given to a minor do I have to appear
answered on Jun 10, 2016
If you have noticed of the subpoena, you should probably appear, unless you speak with an attorney first and have them discuss the repercussions of not appearing.
Hello,
So I've been married to an alcoholic for5 years, and every few months, and now weeks, she will go into a fit of rage and verbally and physically assault me. I've had to defend myself, but never hurt her. She has made many accusations, but all unfounded. Finally, she was... View More
answered on Apr 12, 2016
Self-defense can be a legitimate legal defense to assault & battery in many circumstances. You need to hire a criminal defense attorney to help you make your argument, as you have a higher chance of a better outcome with an attorney. If you can't afford one, the court will appoint one... View More
answered on Dec 9, 2015
Short answer, no. Once charges have been taken out, the only person who can dismiss the charges is the Judge. The Commonwealth attorney can ask for them to be dismissed, but only the Judge can dismiss them.
She wrote her statement after telling the officer she didn't want to and he pressured her into writing it, she was emotionally unstable, can I get my charges dropped if she does not want to testify and doesn't remember exactly what happened . especially if what her statement said was... View More
answered on Sep 22, 2015
If she doesn't want to testify, she can be subpoenaed and forced to do so. These circumstances can be used to impeach her testimony. The trier of fact (judge or jury) might or might not believe her testimony.
All of that does make for a weak case, so the prosecutor might drop the... View More
The father of my 1st two kids faught me while I'm 6 months pregnant (another mans baby). I had to get sent to the hospital to check on my baby cause she was in distress, shes ok now tho. He's now on the run cause he has a warrant out for his arrest. He's already a 2 time felon. If... View More
answered on May 1, 2015
It depends on what he was charged with. If it is a first time assault and battery, it is a misdemeanor which carries a maximum sentence of 12 months.
Its after the appeal deadline, but my daughter has admitted to lying to the cps worker. She also admitted it to the judge and the Deputy CA. What can I do? I had to resign from my post as a deputy sheriff after 18 yrs due to this lie.
answered on May 1, 2015
You need to hire a local experienced criminal defense attirney immediateky to look into reopening your case.
What happens to both parties?
answered on May 1, 2015
If the witness has been subpoenaed and does not go to court, the court can issue a bench warrant for that witness' arrest based on contempt if court. It depends on the prosecutor. The witness should tell the prosecutor that he or she does not want to testify.
My husband was inebriated (which I neglected to point out to my attorney) when he testified. He also testified that I spit on him. I did not. The night of the incident he was inebriated. Is it too late to appeal this? I am disabled & can't drive to the Domestic Assault Probation Office... View More
answered on Apr 24, 2015
Unfortunately, the appeal period in VA from JDR to Circuit is 10 days.
15 day EPO was dismissed on motion to strike, based solely on prosecuting claimants testimony. There is still pending criminal assault charge on the defendent. Question(s) about possible outcomes for prosecuting claimant:
If the defendent is found not guilty or if charge is dismissed, can... View More
answered on Apr 24, 2015
No, the prosecuting witness will not be charged unless there was possible contempt of court (lying under oath). The Judge does not lay charges; the prosecutor does. If the defendant believes the allegations of assault were deliberate lies, he or she should speak to a civil lawyer about a lawsuit.
Negative effect when we go pun a judge, she kept pressuring me to drop the charges and since then I have not spoke to her, what should I expect?
answered on Apr 24, 2015
Going to lunch with your ex won't change the allegations of assault on you.
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