Legal Question in Family Law in Virginia

domestic violence

Sorry to say, the other day I (husband) was charged with domestic violence on my wife. This is a first time charge.

My record is clean, first time offense. Of course she has moved out till after the court next week, which is domestic court. There was no physical hurt, just a shove against the wall. Now over the last several years we have had our fights and spats and yes i have pushed her before, but never striking her with hand or fist. Some say the judge will probably slap me on the hand and require some sort of counseling. I was taken to jail, but released within a hour. No bail was set. Question is, do i need to get a lawyer for this type of charge????


Asked on 3/01/03, 10:02 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: domestic violence

A competent defense counsel will assure that you get the very best deal possible in your situation

which should include what in Virginia is called a Suspended Imposition of Sentence(SIS)with minimal conditions of probation(some community service, adherence to stay away orders, etc.). If you receive this type of sentence(which is only available to first time offenders) and successfully complete all the conditions of probation, at the end of a year your case can be

dismissed with no record of conviction. And later on, you can swear under oath, if necessary, that you've never been convicted of a crime.(This, obviously, may be one of the most important benefits of this plea arrangement.)

You might very well be able to negotiate the deal that I have described above with the prosecutor on your own, however, a competent defense attorney

at your side is your best insurance that in fact it will happen.

fullfill all the cons

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Answered on 3/01/03, 11:16 am


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