Full question:
I have been charged with a criminal complaint for domestic assault. The Deputy filed this complaint. He did not interview me, but interviewed my husband. My husband physically assaulted me (I have bruises). The deputy's statement is out of sequence, and incorrect in several statements. Can I File a motion with the court requesting a hearing to dissolve this order?
- Category: Domestic Violence
- Date:
- State: Virginia
Answer:
When charged with a crime, you have the right to present evidence that supports your innocence during your trial. This includes the opportunity to defend yourself and present evidence to the judge or jury who will determine your guilt or innocence beyond a reasonable doubt.
If you have not yet been convicted, you can introduce evidence in your defense at trial. If you have been convicted, you may be able to appeal the decision if there was a legal error that affected the outcome. On appeal, the court typically assumes the facts from the original case are true and reviews only for legal errors, not factual disputes.
In Virginia, there does not appear to be a specific provision for requesting an expedited hearing in domestic violence cases. However, if you believe there is an immediate threat before the scheduled hearing, you might request an emergency hearing. I recommend contacting a local attorney who can review your situation and provide tailored legal advice.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.