Venue

[mulattocookie]

What is the name of your state (only U.S. law)? Virginia

From what I can understand of the Code of Virginia about venue, our case is in the wrong county. What happens if case is brought about in wrong venue?

 

[CdwJava]

What is the name of your state (only U.S. law)? Virginia

From what I can understand of the Code of Virginia about venue, our case is in the wrong county. What happens if case is brought about in wrong venue?

The case should be heard in the county where the offense occurred. If the case is - for some bizarre reason - being heard in a county without jurisdiction, then the defense should move for a dismissal or ask that it be transferred to the proper county.

How could they make such an error? As this is posted in a DV folder, I assume this is a case about domestic violence incident. As such, the case should be heard in the county where the victim got smacked. How did it get to another county?

 

[mulattocookie]

I don't think they asked.

The Code of Virginia states it must be filed where one of us lives, where the incident took place or where there is already a protective order in place. He filed charges and got an emergency protective order where the incident took place, which was my house. He hit me, I fought back is what happened, so I also filed charges in the county where I live.

He then two days later went to a neighboring county and filed for a preliminary protective order. He does not live in this county either, though we both used to. He stated on his application that there was no other pending case in the state of Virginia involving either of us and said what he claimed happened and they issued it.

I was hoping improper venue or perjury on affidavit will be enough for judge to dismiss it.

 

[CdwJava]

The Code of Virginia states it must be filed where one of us lives, where the incident took place or where there is already a protective order in place.

A protective order is a different issue and is a civil (or family court) matter. A crime must be filed in the jurisdiction where it occurred.

If this is a civil issue with regards to a protective order, then the matter should be brought to the court's attention. if more than a single court is involved on the same incident, then the courts will need to work it out to decide which has jurisdiction unless there are multiple and separate incidents for which an application can be made - and, of course, that whatever court or courts the application are made are of proper jurisdiction.

Typically, if conflicting venues are dealing with these civil or family court matters then they will work out jurisdiction between them when it is brought to their attention.

 

[mulattocookie]

The law (Code of Virginia Section 16.1-243 (A)(3)) I'm referring to is specifically written pertaining to protective orders, not the crime itself. The crime I know is in the right venue. And I'm fully prepared to defend myself in that case. It's just the protective order that is giving me issues. And its scheduled to be heard the day before the case for the actual domestic violence.


And yes the PO and the dv charges are both for the same incident.

 

[CdwJava]

Point out the conflict to the court and let them deal with it. That is about all you can do.