How do I resolve a criminal complaint for domestic violence?
Full Question:
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.
