My Father was charged with Domestic Abuse 12 years ago and now I'm charging him with Assault?
I live in Virginia and I can't seem to find answers anywhere! 12 years ago my father was charged with domestic abuse against my mother but she didn't show up to court. Does that mean the case was dropped? Well a few days ago he was mad at me and he began to strangle me I am now charging him with assault. Is there anyway I can find out how much jail time (If any) he will serve?
I am 16 years old.
- ?Lv 61 decade agoFavourite answer
Under the laws of the Commonwealth of Virginia, he's looking at this charge:
18.2-57.2. Assault and battery against a family or household member.
Any person who commits an assault and battery against a family or household member shall be guilty of a Class 1 misdemeanor. If convicted previously of two offenses against a family or household member of assault and battery against a family or household member or other offenses, such person is guilty of a Class 6 felony.
As for the charges against him previously, since your Mom did not show up to the court, those charges were dropped & may not even show up in his background. Not sure how VA handles background history in this matter.Source(s): 15 yrs Law Enforcement
- IvetteLv 44 years ago
No, federal law bans anyone convicted of a Domestic Violence charge from ever owning a gun. You might, if your State allows it, buy a black powder gun - but you had better make damn sure your State allows you to own the gun. Check with your State's Attorney General. Do so in writing. Do not depend on the advice of the local cop or the gun store clerk. A fellow did that here and still got convicted of being a felon in possession of a gun. Wyoming does not differentiate between modern and black powder designs. The only other way you can get a handgun is join the military and be issued a Beretta.
- AreiLv 41 decade ago
Yeah, if your mom didn't bother to show up then they would've dropped the case.
If you can gather proof of your claims, then take your dad to court.
I really must stress you HAVE to have proof of him abusing you, otherwise it won't hold up in court :(
I hope you can get it, if I could find a way to nail my dad for domestic abuse, I would. :P It's just been too long.Source(s): I used to be in somewhat of the same situation.
- JayLv 61 decade ago
The first thing is to get a restraining order keeping him away from you.
As for jail time: judges have wide latitude. It mostly depends on his past record.
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- ord1226Lv 51 decade ago
Go to the office of the district attorney at your district court.
- 1 decade ago
ya with your moms thing it was dropped and with you i think it just matters what state you live in i would look it up on google good luck