Domestic violence charges involve some of the more complex issues in the
Virginia criminal justice system. It should first be noted that most of
these charges are heard in a special court known as the Juvenile and Domestic
Relations Court. The practical effect of this designation is that judges
and prosecutors in these cases may be perceived to be hypersensitive to
domestic violence issues. These courts typically hear cases involving
children, alleged rapes, and many forms of sexual assault.
The next crucial issue for these cases is that many people involved in
domestic cases want to "drop the charges" in Virginia, this
is simply not possible. Once a person reports a crime to a magistrate
or to the police the decision to proceed rests with the prosecution office.
Although a suspected victim may not "drop the charges" an experienced
defense attorney can achieve a similar ultimate result. If the defendant
and the victim both wish for the case to be terminated, there is a legal
process to effectuate this desire. The domestic court has a different
tempo and pace than a regular criminal court.
In juvenile cases, the court will often consider dispositions or outcomes
that are not available in adult cases. Juvenile courts recognize that
kids make mistakes. Although there is a definite trend towards treating
juveniles like adults the juvenile system in Virginia is very adept at
fashioning results that are narrowly tailored toward the unique needs
of citizens below the age of 18.
Despite this understanding, those accused should not wrongfully perceive
that convictions prior to the age of 18 will automatically be erased from
a criminal record. Juvenile convictions are used when considering a person's
civil rights.
Thus, accused persons may be benefited by considering attorneys with specific
domestic experience. I served as a domestic violence prosecutor for several
years. That experience allows me to help my clients reach towards desired results.
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