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Domestic Violence Charges Avoided After an Altercation

If you ever find yourself in a questionable legal circumstance, it is important to remember that law enforcement may not necessarily be looking out for your best interests. Officers are tasked with protecting the area the serve and for real individualized attention or legal guidance, you should always consult a private and experienced attorney.

Not long ago, a Virginia man returned home and confronted his live-in girlfriend about an instance of infidelity. The woman did not deny the accusation and a heated argument ensued. During the exchange, the man, who was the owner of the property demanded that she move out and she allegedly reacted physically, causing a scratch on the man’s neck. The man defended himself and she left the residence without further incident. Afterward, this man wanted to discuss his rights as the homeowner and his ability to remove her from the property, so he contacted the local police. When they arrived, he attempted to discuss how to remove her and her possessions, but when the officers noticed the man’s physical injury, they decided to press domestic violence charges against the woman despite his objections.

In a typical, albeit unfortunate turn of events, while the situation was unfolding at his residence, the woman also decided to have herself checked at a local hospital since their scuffle caused some pain in her ribs. When the authorities learned about this and in accordance with usual police procedure regarding domestic violence, both individuals now faced criminal charges, although neither party wanted to pursue them. To avoid the ramifications of a domestic violence conviction, this worried man finally decided to consult with a qualified legal professional to go over his options.

This brought him to the Roanoke criminal defense lawyers at Copenhaver, Ellett & Derrico, where attorney Rick Derrico met with him to discuss the situation. After consulting with his client, attorney Derrico explained that the officers did not do anything wrong, but he would have been better served by initially discussing his legal rights about removing her from his house with an attorney instead of calling the police. Luckily, the situation did not spiral out of control and attorney Derrico was able to effectively remedy the situation and the two agreed to not pursue the other, criminally. This not only allowed him to move past this incident without suffering any lasting criminal consequences, but he also learned an invaluable lesson about protecting yourself in difficult times by seeking out a knowledgeable criminal defense lawyer.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.