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Virginia Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Virginia on
Q: Me and my boyfriend both got charged a class 1 misdemeanor,

Me and my boyfriend both got charged a class 1 misdemeanor, even though I had told the cops I want to let it go. they arrested the both of us. I had to go to an initial court and was told I have to go to court in 2 weeks and if i wanted a lawyer. He also has to appear initially at the court to be... View More

Susan Fremit
Susan Fremit
answered on Apr 17, 2015

You really need to meet with an experienced criminal defense attorney to tell your story to him or her in confidence, not on a public website. Click on "find a lawyer". Good luck!

1 Answer | Asked in Domestic Violence for Virginia on
Q: I have left my husband because of domestic abuse. How much does my husband have to contribute to my support?

I am Danish and have a monthly disability pension from Denmark equivalent of $15,732-annualy before tax . $14,112- after tax annualy. I have been married for 3 years to this American citizen. He has signed an affidavit of support. My husband's income is more than double of mine. I have... View More

Susan Fremit
Susan Fremit
answered on Apr 7, 2015

This is not a criminal defense issue; it is a divorce & support issue. Click on "find a lawyer" to speak to the correct attorney. Good luck!

1 Answer | Asked in Domestic Violence for Virginia on
Q: If Chargers were pressed against my sons father for DV that I pressed against him can they be dropped?

Me and some sons father got into a fight we were both drinking our son was there as well can I was mad so I pressed charges against him can they be dropped if want to drop them? If not how much jail time will he have to do?

Susan Fremit
Susan Fremit
answered on Apr 4, 2015

Once the police get involved, you become a prosecution witness. You can tell the prosecution you don't want to go forward with the charge but it will be up to the prosecutor what happens in that respect. Your son's dad should get a lawyer to represent him. If he already had a... View More

1 Answer | Asked in Domestic Violence for Virginia on
Q: My sons' dad texted me that he will deal with my "b""a" when the time was right, is this consider a threat in Virginia?
Susan Fremit
Susan Fremit
answered on Apr 2, 2015

It would probably not be considered a threat, but if you feel threatened, contact the police.

1 Answer | Asked in Domestic Violence for Virginia on
Q: I didn't get a warrant, as a victim of domestic violence (by my husbad) do I have the option to do not attend to court?
Susan Fremit
Susan Fremit
answered on Apr 2, 2015

If you did not receive a subpoena to go to court, you do not have to go to court.

1 Answer | Asked in Domestic Violence for Virginia on
Q: If I was involve with domestic violence and is subpoena to go to court but do not wish to testify what should I do
Susan Fremit
Susan Fremit
answered on Apr 2, 2015

You must go to court if a subpoena was served on you because the subpoena is a court order. If you don't go to court, the judge can issue a warrant for your arrest. Go to court and tell the prosecutor that you do not want to testify.

1 Answer | Asked in Domestic Violence for Virginia on
Q: I have a question about domestic abuse by my husband that happened several months ago: I want to press charges
Susan Fremit
Susan Fremit
answered on Mar 31, 2015

Call the police or go to your local Commonwealth Attorney's office to file charges. However, have a good explanation for why you have waited several months to file a complaint.

1 Answer | Asked in Domestic Violence for Virginia on
Q: What would usually happen in a 2nd conviction (3 years later) domestic assault? Even if it is against a different person
Susan Fremit
Susan Fremit
answered on Mar 31, 2015

The case will depend on a lot of things, such as whether there were injuries to the victim, the defendant's criminal record etc. A local experienced criminal defense lawyer should be hired. Click on "find a lawyer".

1 Answer | Asked in Domestic Violence for Virginia on
Q: What is the virginia state code regarding burden of proof in criminal cases?
Susan Fremit
Susan Fremit
answered on Mar 31, 2015

Beyond a reasonable doubt is what the Commonwealth/prosecutor must prove in order to get a conviction in VA. (Or in any state for that matter.)

1 Answer | Asked in Domestic Violence for Virginia on
Q: Would a judge dissolve a protective order once the respondent been convicted of violating the order?
Susan Fremit
Susan Fremit
answered on Mar 31, 2015

The protective order is for the benefit of the victim not the violator. No, a judge would not dissolve the protective order.

1 Answer | Asked in Domestic Violence for Virginia on
Q: Does the state or victim press charges during a domestic dispute
Susan Fremit
Susan Fremit
answered on Mar 31, 2015

The state/police/Commonwealth has control of the domestic violence charge ("press charges") with the victim being the state witness. The charge will not automatically be dropped simply because the victim changed his or her mind.

1 Answer | Asked in Domestic Violence for Virginia on
Q: Domestic violence occurred at my sons home with mother, what can i do

I have joint custody of my son, my sons mother had a live in boyfriend which was not allowed unless married, the man beat my sons mother with my son in the houe, why wasn't dhrr services called and what can i do to keep my son safe?

Susan Fremit
Susan Fremit
answered on Mar 31, 2015

You can make the call and if what you are saying is true, do it now. If in doubt, call an experienced criminal defense attorney for a free consult.

1 Answer | Asked in Domestic Violence for Virginia on
Q: A friend is being held w/o bond on 4 charges-violating a protective order-w/no prior convictions-what could he be facing

He was in court a couple weeks ago and found not guilty,b/c the judge said based on his ex's accusations he doesn't see where he was violent and the judge told him to stay away from her-cause she has problems. Always calling the police on him,but is always let go. But this time,my friend... View More

Susan Fremit
Susan Fremit
answered on Mar 31, 2015

Your friend should hired an experienced criminal defense attorney immediately. Click on "find a lawyer". Most will give free consultations.

1 Answer | Asked in Domestic Violence for Virginia on
Q: Charged with class 1 Misdemeanor (assault and battery) with ex-girlfriend - can record be sealed or expunged
Susan Fremit
Susan Fremit
answered on Mar 31, 2015

The charge was likely dismissed under the "first offender" program. No it cannot be sealed or expunged. I have publish a Guide on expungements you might find useful: http://www.avvo.com//legal-guides/ugc/what-you-need-to-know-about-criminal-record-expungement-in-virignia .

1 Answer | Asked in Domestic Violence for Virginia on
Q: My brother signed a paper stating that he didn't want a lawyer but now he does can he still get one?

He was tried for a protective order that was dropped by the women and they aressted him because she clamed that he broke it but she told me to have him call her any help would be nice

Susan Fremit
Susan Fremit
answered on Mar 31, 2015

Your brother should hire an experienced criminal defense lawyer and the lawyer will speak with the complainant. Click on "find a lawyer". Most lawyers will give free consults.

1 Answer | Asked in Domestic Violence for Virginia on
Q: For 18.2.57.2 (household assult and battery), can it be pardoned after 5 years have passed?
Susan Fremit
Susan Fremit
answered on Mar 31, 2015

Pardoned? I think you mean can it be expunged. Section 18.2-57.3 specifically states that there can be no pardon for a first time charge. In fact, 18.2-57.2 speaks about 2 prior convictions for domestic assault within 20 years will result in the 3rd charge being classified as a Class 6 felony. I... View More

1 Answer | Asked in Domestic Violence for Virginia on
Q: An Assualt and Battery was taken under advisement for a period of 90 days then dissmissed, can it be expunged?
Susan Fremit
Susan Fremit
answered on Mar 31, 2015

If the Judge found facts sufficient for guilt, despite the dismissal, the charge cannot be expunged. I published a Guide on expungement you might find useful: http://www.avvo.com/legal-guides/ugc/what-you-need-to-know-about-criminal-record-expungement-in-virginia .

1 Answer | Asked in Domestic Violence for Virginia on
Q: What happens if your charged with assault and battery against family twice and the first one was put under advisement?

My father in law called the police and told them my husband attacked him. Later on he told the police that he did not attack him but they still took the case to court. He accepted a plea and had to take one anger management class and the case was put under advisement for 2 years and now he was... View More

Susan Fremit
Susan Fremit
answered on Mar 31, 2015

A term of the unsupervised probation for the first charge is to be of good behavior. Conviction for another charge while under probation could negate the potential for dismissal and risk the court entered a conviction on the first charge. Your husband needs to speak to a lawyer immediately.

1 Answer | Asked in Domestic Violence for Virginia on
Q: Do you need a reason to raise charges on a domestic violence case or can you do it "just because"?
Susan Fremit
Susan Fremit
answered on Mar 31, 2015

Not sure what your question is. Any charge must be based on alleged evidence not "just because".

1 Answer | Asked in Domestic Violence for Virginia on
Q: I have no money and need a lawyer for a domestic abuse marriage. Who can help me?
Susan Fremit
Susan Fremit
answered on Mar 30, 2015

Depending on the county there are pro bono associations. Contact the county government information center for contact information.

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