In Virginia, domestic violence refers to a pattern of behavior through which one partner controls the other partner in a relationship through physical violence and/or psychological abuse. The Virginia Sexual and Domestic Violence Action Alliance has defined domestic violence as “pattern of abusive behaviors used by one individual intended to exert power and control over another individual in the context of an intimate or family relationship”. Family violence is categorized into five types including physical violence, sexual abuse, emotional abuse, economic control and neglect.
Statute of Limitations for domestic violence in Virginia
Victims of domestic violence are either not aware of the legal procedures to file a lawsuit against the assailant or they are not aware of the legal amount to time before which they can file a lawsuit against someone involved in domestic violence. The legal amount of time a victim has to file a lawsuit against the assailant is referred as statute of limitations.
For cases of domestic violence, the statute of limitations starts with the occurrence of last act of violence. In Virginia, inflicting a physical injury against a family member falls under crime. The stature of limitations for most misdemeanors of domestic violence in Virginia is one year. The problem a victim face is delayed reporting of the crime. If you are victim of domestic violence and delaying the time to report, you may not be aware of your legal rights and delaying the time of stature of limitations. You need to preserve evidence of the crime and take photos of your condition to make a strong case against perpetrator of domestic violence. You should report the abuse, and a delay in reporting may prevent the State from filing a lawsuit against him.
In such a case, you would definitely need an expert advice to help you know the stature of limitations for your case and how you can fight for justice. The SRIS, P.C Maryland & Virginia attorneys can provide you legal advice and services in a broad range domestic violence cases.
Even if a lawsuit for domestic violence is filed within the stature of limitation, the cases of domestic violence can be successfully defended by strong defences by exposed problems such as conflicting testimony, reluctant witnesses or absent witnesses. In Virginia, legal practices are sometimes nuanced in domestic courts attorneys. Domestic violence cases involves unique type of criminal charges and without an attorney with specific experience, a victim may not get his due rights or an innocent may get punishment.
The reality of domestic violence cases in Virginia is that domestic violence charges can even be completely fabricated or can be overcharged. Even if the victim has a valid and warranted cases, filed within stature of limitation, consulting an inexperienced lawyer can get one into more trouble rather than providing him justice. The SRIS, P.C Maryland & Virginia attorneys have wide experience of handling cases of domestic violence and our experienced attorneys critically analyses each aspect of your case and use the allowable legal resources to fight for your rights.
For more information about stature of limitation for your case, and to get legal advice from our experienced attorneys you can call us at 888-437-7747.