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  Virginia Legal Forum  Virginia  Criminal - Viol...  domestic dispute with husband
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New Post 7/10/2007 12:50 PM
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User is offline Thunderspirit36
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domestic dispute with husband  
Modified By Thunderspirit36  on 7/10/2007 6:01:14 PM)

Last Wednesday my husband and I got into a huge stupid arguement and he wound up shoving me hard and I fell on top of some items and was bruised. I do not think he realized how hard he really shoved me . I called the sheriff's department and deputies responded. I told the deputy I just wanted him to leave with his sister for the night ,so it would cool the situation down ,because we had both been drinking. They took it upon themselves to arrest him and then put a emergency protective order on him . It was for 8 days . I still have not spoken to him directly . I have talked to his mom and sister . Through them mediating, both of us know what happened should not have happened ,and  have agreed to counseling and just working things out. I do not want my husband to go to jail as a result of this . It is not as if we can not work things out . The commonwealth attorney is telling me the charges can not be dropped and I have to testify against him in court .   My question is do I really have to testify against him ? And is there some way of handling this to let the judge know we want to reconcil and get counseling and never let it happen again ? Hoping the judge will allow the counseling and maybe probation or something of that nature. I really do not know what to do about this .

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New Post 7/11/2007 2:02 PM
User is offline Jmadalon
108 posts
www.madalonpa.com
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Re: domestic dispute with husband  

Domestic violence often starts with an argument and in the heat of the moment turns into a complicated criminal law issue with very serious criminal law penalties. In your case as well as all cases under VIRGINIA CRIMINAL LAW, the complaining witness has no ability to drop the charges.  These determinations lie mainly with the local Office of the Commonwealth's Attorney which is charged with prosecuting all such crimes within the jurisdictional area for which it is responsible.   Your best option is to lobby the Office of the Commonwealth's Attorney.

Do you have to testify against your husband?  If you have critical information and you are subpoenaed to testify by the Court under penalty of law you could suffer contempt of court charges and penalties.  However, in your case, there is a chance that you could invoke your 5th Amendment Rights not to incriminate yourself since you may have acted in a manner that was illegal when the fight with your husband occurred.  Also if you truey do not remember what happened, then there is no way to testify about what you do not remember. 

We advise you contact a criminal attorney to discuss your ability to invoke the 5th Amendment. 

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  Virginia Legal Forum  Virginia  Criminal - Viol...  domestic dispute with husband