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:
Typically, when a person is charged with a crime, introduction of evidence tending to prove the person's innocence will be introduced as part of their defense in the case when it goes to trial. Every person charged with a crime is entitled to have an opportunity to defend herself and present evidence to the trier of fact (judge or jury) that will decide guilt or innocence beyond a reasonable doubt.
I am unable to determine from your question whether you have already been convicted on the charge. If you have already been convicted, it may be possible to appeal if there was a mistake in how the law was applied that would have changed the outcome. On appeal, the appellate court generally assumes that the facts decided in the original case are true, and only reviews for incorrect application of legal standards, rather than incorrect determinations of the facts in the case.
I am unable to find a provision in the Virginia laws for requesting an expedited hearing in a domestic violence case. If you feel there is an immediate threat that may be carried out before the regularly scheduled hearing in the case, it may be possible to request an emergency hearing. I suggest you contact a local attorney who can review all the facts an documents involved.
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.
