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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16396
Experience:  Licensed experienced Attorney
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I had a domestic violence incident yesterday. My stepfarther

Customer Question

Hi Pearl, I had a domestic violence incident yesterday. My stepfarther hit me. I called 911. He was arrested. I don't have any real damage. My mother is divorcing him now. We only need him to move out. The house belongs to me. My mom does not have any property, he does not have any property. They both are 68 years old. I read very carefully about recanting the statement. We don't want him in jail just out of our lives.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Virginia
JA: Have you talked to a lawyer yet?
Customer: not, yet
JA: Anything else you think the lawyer should know?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 5 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

What is your legal question about the situation you have described?

Customer: replied 5 months ago.
Hello Alex,I had a domestic violence incident with my stepfather. My stepfather hit me. I called 911. He was arrested. I don't have any real damage. My mother is divorcing him now. We only need him to move out. The house belongs to me. My mom does not have any property, he does not have any property. They both are 68 years old. I read very carefully about recanting the statement. We don't want him in jail just out of our lives. This occurred in Virginia.
Expert:  Alex J. Esq. replied 5 months ago.

I have read your original post.

Can you tell me what is your question about the situation?

Customer: replied 5 months ago.
He has a clean record. It's his first time run in with the law. We don't want him to go to jail. Is there anyway I can recant the statement?
Expert:  Alex J. Esq. replied 5 months ago.

Thank you for your follow up.

Unfortunately, there is no such thing as "recanting a statement" without admitting that the original report was false and doing so, can expose the person who made the original report to being criminal charged with making a false police report which is a class 1 Misdemeanor in Virginia which is punishable by up to 1 year in jail upon conviction.

Also, even if the victim / complainant decides not to cooperate with the prosecutors or recants statement, it doesn't mean that the criminal charge would be dismissed, as it is always up to the state prosecutor, once the criminal charges are filed, whether to pursue criminal prosecution or to dismissed charges.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex J. Esq. replied 5 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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