Legal Question in Criminal Law in Virginia

PO dismissed - now a class 1 misd

I previously had some concerns regarding a Preliminary protective order, but that has now been dismissed. Now I must contend with a Class 1 misdemeanor stemming from the same incident. My wife tried to take a warrant out with her local courts after fleeing with our a daughter, but they denied, so she came back to the jurisdiction of the child and had the magistrate take out a summons, but of course this was before the PO hearing. I am once again forced to answer to allegations that never happened. She has taken numerous actions like this after I filed for custody and visitation. I would like to have a few questions answered is someone has the time. Thank you very much.

1) First, can she appeal the judges decision on the Protective order ? No one seems to know.

2) What can I expect at the Class 1 Misdemeanor hearing after she has yet to provide any evidence ? If she doesnt show up, will they still proceed ?

3) And one of her witnesses in the PO hearing had 9 felonies and I still have no contact with our 3 year old so I am worried she is with the wrong crowd. What can I do until our court date for custody which is in July ??

Thank You


Asked on 5/13/06, 11:39 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: PO dismissed - now a class 1 misd

(1.)All final orders from a lower court such as the Juvenile and Domestic Relations District Court are appealable to the circuit court within 10 days.

(2.)If there is no evidence to sustain the misdemeanor charge, it should be dismissed.

(3.)If your wife is the Commonwealth's chief witness and she fails to appear for the trial of the case, it's unlikely that the state will be able to proceed and if they ask the court for a continuance, you should oppose it and ask that the matter be dismissed for want of prosecution.

(4.)If your child is being exposed to an environment which could be dangerous or jeopardize the child's safety, the local CPS(Child Protective Services) agency should be notified.

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Answered on 5/15/06, 8:09 pm


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