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Virginia Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Virginia on
Q: Should i hire a lawyer for a domestic violence charge in Virginia? This is my first time ever being charged. Ever
Susan Fremit
Susan Fremit
answered on Mar 30, 2015

Yes. Even first offender status eith dismissal means you can't expunge that charge. Click on "find a laeyer".

1 Answer | Asked in Domestic Violence for Virginia on
Q: I was charged with domestic assault, which was dismissed. Can I buy a hand gun in Virginia?
Susan Fremit
Susan Fremit
answered on Mar 30, 2015

No a felony and a dismissal. I don't see a problem.

1 Answer | Asked in Domestic Violence for Virginia on
Q: My husband raped me 2 1/2 years ago can i file charges on him now
Susan Fremit
Susan Fremit
answered on Mar 30, 2015

Your major problem is going to be why you eaited so long. (Prosecutor nightmare; defense gift). If you can explain the delay contact the police.

1 Answer | Asked in Domestic Violence for Virginia on
Q: I am a respondent on a Protection Order. The petioner legally changed his name over a year ago, but used his old name
Susan Fremit
Susan Fremit
answered on Mar 30, 2015

Not certain what name changes will do but likely no change regarding protective order.

1 Answer | Asked in Domestic Violence for Virginia on
Q: Question about judge and commonwealth attorneys powers/abilities in domestic assault case - long question --

There was a 15 day EPO issued, which was dismissed at the hearing on a motion to strike based soley on the prosecuting claimant statement. There is still pending criminal assault charge on defendent. Question is regarding prosecuting claimant outcome:

If defendent is found not guilty or... View More

Susan Fremit
Susan Fremit
answered on Mar 30, 2015

It will be up to the defendant to show malicious prosecution if this is what you are saying. The Judge won't just charge the claimant in your case if it is dismissed.

1 Answer | Asked in Domestic Violence for Virginia on
Q: Its my frist time getting in trouble it is for dv but i have a witness that said i never hit her will i go to jail
Susan Fremit
Susan Fremit
answered on Mar 30, 2015

Usually the first offender program is available, so no jail. You do need to hire an experienced defense attorney.

1 Answer | Asked in Domestic Violence for Virginia on
Q: If a man has choked a woman to where she bruises and has nail make and it haen a week ago what can she still do???
Susan Fremit
Susan Fremit
answered on Mar 30, 2015

You can still call the police but you will be asked why you waited to contact them. Take photos of your injuries.

1 Answer | Asked in Domestic Violence for Virginia on
Q: Its my first time in court on dv and my girl didn't press charges and doesn't go to court what will happen to me
Susan Fremit
Susan Fremit
answered on Mar 30, 2015

There's no case if witness not in court. I suspect you have a trial date now . Hire an experienced criminal defense lawyer if you don't hsbe a lawyer.

1 Answer | Asked in Domestic Violence for Virginia on
Q: My friend is being badly abused by her husband and is to afraid to call cops. Is there something i can do?
Susan Fremit
Susan Fremit
answered on Mar 30, 2015

Talk to your friend about getting counseling for her husband. You can contact the police if you have witnessed the abuse. You also can seek advice from Victim Services at the local commonwealth's office.

1 Answer | Asked in Domestic Violence for Virginia on
Q: My now fiancé pled guilty to dv in Prince William co, VA. He moved the probation to Fairfax, went to the initial meeting

For the classes, but has now missed his probation appointment. The po said she is sending it back to PW for noncompliance. Will he have a warrant out for him? They amended it to a trespassing charge. We had no counsel. We want to fight the whole case. It was a misunderstanding to begin with. There... View More

Susan Fremit
Susan Fremit
answered on Mar 30, 2015

Do not deal with all this without an experienced defense lawyer! Click on "find a lawyer" on this site immediately. Most will give you a free consultation.

1 Answer | Asked in Domestic Violence for Virginia on
Q: what rights does my friend have after being arrested on a bogus assault and battery charge made from a girlfriend,ex now

she filled this charge after starting a confrontation,he tried to leave she called her boyfriend who is the arresting officer also

Susan Fremit
Susan Fremit
answered on Mar 30, 2015

Your boyfriend should speak to an experienced criminal defense attorney immediately. Click on "find a lawyer".

1 Answer | Asked in Domestic Violence for Virginia on
Q: My boyfriend assaulted me and put me in the hospital. This is his 2nd assault. Now he goe to trial. whats this mean

My boyfriend got drunk and angry and punched me and hit me over the head with a bottle putting me in the hospital. This is his 2nd domestic assault charge in a year. The judge denied his bond, and now we go to trial. Do I need a lawyer? or just allow the commonwealth attorney to do their job?

Susan Fremit
Susan Fremit
answered on Mar 30, 2015

The Commonwealth is your lawyer. You should direct any questions you have to that office. You should not need to hire your own lawyer.

1 Answer | Asked in Domestic Violence for Virginia on
Q: My wife went to police officer for a protective order. Do I get arrested or convicted?I didn't receive any notice or any

Me and me wife had an argument she said she wants to leave the house. So I said if you want to leave please go. Then she packed her things and left the house. Neither me nor she called Each of us. After 2 days she went to police officer and gave a complaint seeking protective order. I received a... View More

Susan Fremit
Susan Fremit
answered on Mar 30, 2015

This is public website so don't post any more details. You need to hire an experienced criminal defense lawyer. Click on "find a lawyer". Most will give you a free consultation.

1 Answer | Asked in Domestic Violence for Virginia on
Q: How much jail time will a male person get for domestic violence in Virginia...for trying too choke someone

Male got locked up for trying too choke female in an argument.

Susan Fremit
Susan Fremit
answered on Mar 30, 2015

It depends on whether this was a first time offence, his criminal record etc. He should hire an experienced criminal defense lawyer.

1 Answer | Asked in Domestic Violence for Virginia on
Q: My boyfriend is currently in jail in Richmond for domestic violence and this is his 3rd offense what jail time is he get
Susan Fremit
Susan Fremit
answered on Mar 30, 2015

Jail sentence: It will depend on a number if factors:your boyfriend's criminal record, what sentences he received for the other convictions etc. He needs to hire an experienced criminal defense lawyer.

1 Answer | Asked in Domestic Violence for Virginia on
Q: Me & my brother got into a physical altercation which he hit his child on accident and strangled me in the process.

Me & my brother got into a physical altercation which he hit his child on accident and strangled me in the process. He's a felon and has a lot of time over his head. How can I go about dropping charges if he agrees to get help for anger ASAP?

Susan Fremit
Susan Fremit
answered on Mar 30, 2015

You need to speak to an experienced criminal defense attorney because domestic violence is taken very seriously by the courts. Thus it is very difficult to get these types of charges dropped.

1 Answer | Asked in Domestic Violence for Virginia on
Q: if a family member puts there hands on another family member but they don't want to press charges will state pick it up
Susan Fremit
Susan Fremit
answered on Mar 30, 2015

If the police arrived, the complainant no longer has control of situation. You can tell the prosecutor that you don!t want to "press charges".

1 Answer | Asked in Domestic Violence for Virginia on
Q: My child father just went to jail for Dv. They didn't give him a bond. Ive been subpoena to court and dont want to testi

I feel like its other ways around it. They sending him back to jail for something that we did, isn't right. We provoked each other and things escalated.

Susan Fremit
Susan Fremit
answered on Mar 30, 2015

Not responding to a subpoena which is a court order could get you arrested. Talk to the lawyer of your baby's father about how you feel.

1 Answer | Asked in Domestic Violence for Virginia on
Q: If husband is incarcerated for abuse and he was intoxicated can the spouse recommend counseling for substance abuse

He abuses alcohol and suffers from depression

Susan Fremit
Susan Fremit
answered on Mar 30, 2015

You can certainly suggest substance abuse counselling. You yourself might want to look into counseling for spouses of substance abusers.

2 Answers | Asked in Domestic Violence for Virginia on
Q: If a person is charged with domestic assault and the person who was assaulted refuses to press charges what will happen
Benjamin N. Griffitts
Benjamin N. Griffitts
answered on Mar 28, 2014

Once a warrant is issued in any criminal case, the authority to determine whether the charge will be prosecuted lies with the prosecutor, whether it is the Commonwealth's Attorney or a Town or City Attorney. Many prosecutors will ask the alleged victim what they are looking for in the case.... View More

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