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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 06-26-2008, 08:38 AM
Fightforjustice Fightforjustice is offline
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Default Domestic Assault And Battery In Virginia
My question involves criminal law for the state of: VA

My ex and I are going to court for Domestic Assault & Battery and I would like to know what are the possible outcomes of the trial.
He's of course lying and saying he never touched me (good thing I have pics...). I know he has a good lawyer and I guess I'm just worried.....
Could the case be dismissed?
Would he get probation and Anger Management? If so will he get a criminal record?
Thanks.
FFJ

Last edited by Fightforjustice; 06-26-2008 at 08:41 AM.
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Old 06-26-2008, 01:14 PM
aardvarc aardvarc is offline
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Default Re: Domestic Assault And Battery In Virginia
If it's a criminal trial, then only HE is going to court - charges are being brought by the state against him. You, as the victim, as far as the court is concerned, are mearly a witness to his criminal act. It's not what most people think of as you against him in court, it's the STATE against him (on your behalf, but they could go forward even without your involvement).

Every outcome is possible.

The prosecution COULD decide to drop the case at the last minute, but if it's already scheduled for trial that's not likely.

Assuming it does move forward, he can be found guilty or not guilty OR he can plead guilty to some/all of the charges (often in return for reduced sentencing).

If found guilty, he can be incarcerated, ordered to pay restitution for medical or other expenses, slapped with a restraining order, enjoy having a criminal record, mourn his right to own or possess firearms, be ordered to attend anything from AA meetings to anger management classes to domestic violence counseling, and even be required to submit to random drug testing, or any/some combination of these.

Probation is certainly a possibility as well.

Yes, if convicted he will carry a criminal record (and one that is difficult if not impossible to expunge as most prosecutors won't sign off on DV cases).
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Old 06-27-2008, 04:16 PM
coldfeet coldfeet is offline
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Default Re: Domestic Assault And Battery In Virginia
Get a Lawyer that Specializes In Criminal Law.

Last edited by coldfeet; 06-27-2008 at 04:18 PM. Reason: misunderstood question
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Old 07-08-2008, 07:34 AM
Fightforjustice Fightforjustice is offline
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Default Re: Domestic Assault And Battery In Virginia
Hello:

Appparently my ex's lawyer is playing on the fact that he had a permanent address elsewhere and they are saying that it shouldn't be trial in Juvenile and Domestic court (even though for the last 6 months my ex was pretty much living with me 24/7!!!!). So they are moving the case from Juvenile & Domestic to Criminal misdemeanors in General District Court. The original charges were Domestic Assault & Battery. The commonwealth attorney told me that the charges would remain the same but they didn't want to take a chance and preffered transferring courts. What could this possibly means as far as an outcome? I'm just worried that jerk is going to get away with it! I'm so upset about it all!!!!!
Thanks!!!!
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Old 07-08-2008, 07:38 AM
cyjeff cyjeff is offline
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Default Re: Domestic Assault And Battery In Virginia
Quoting coldfeet
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Get a Lawyer that Specializes In Criminal Law.
If she is the victim of DV, she does not need a lawyer for the criminal aspect of the case.

Her interests would be protected by the DA.
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