The Law Offices of Daniel J. Miller - November 2022

P olice C alled D uring a D omestic D ispute ?

HERE’S WHAT TO EXPECT

aggressor by considering prior complaints of family abuse, witness statements, and the severity of injuries. Domestic assault charges differ from typical assault charges. In a regular assault case, the victim files charges against the aggressor. In a domestic assault case, the police bring charges against the predominant physical

station to be processed. Depending on the severity of the case, the individual may be eligible for bail if they don’t have a bad criminal record. After processing, the individual will have an initial hearing where the judge informs them they have the right to counsel. Next, they can expect to attend a trial if they’re facing a misdemeanor, or they will attend a probable cause hearing if charged with a felony. If you find yourself in this situation, you mustn’t talk about the situation with the police. Remember, they are the ones bringing charges against you, so their main goal is to gather evidence to convict you. Do not incriminate yourself. If you’ve been arrested for domestic assault, it’s essential that you hire a lawyer as soon as possible. We’re available to help if you need representation.

In most cases, Virginia law enforcement officers will arrest someone when they respond to a domestic violence call. Virginia law requires officers called to a domestic dispute to determine the primary aggressor and arrest that person. Officers will assess the situation and figure out if a domestic assault occurred by determining probable cause. Before making an arrest, the officer will determine the primary

aggressor. This means the victim — whether a spouse or someone else in the household — cannot simply call the station and state they’ve changed their mind about pressing charges. The Commonwealth of Virginia brought the charges; the victim only serves as a witness in the case.

After an individual is arrested for domestic assault, they will be taken to the police

A D aily D ose of G ratitude

RAISING THANKFUL CHILDREN

Most parents want their kids to view Thanksgiving as a meaningful event — not just an opportunity to indulge in turkey and mashed potatoes. Unfortunately, most kids’ eyes will glaze over when their parents launch into a lecture about thankfulness. You will likely find better success by emphasizing the value of gratitude all year long. “What do you say?” It’s a question we all ask our young children after someone does something nice for them. This practice instills good manners, but it shouldn’t be confused with teaching gratitude. Imparting the meaning behind the words “thank you” takes something more. If you want grateful children, you need to be grateful parents. Consider how you can incorporate gratitude more into your everyday life. Are you as thankful as you should be? Do you repay favors and write thank-you notes? Do you regularly talk about why you’re so fortunate or what you’re thankful for? Cultivating gratitude in your life sets a good example, and many studies show it benefits your mental health as well.

Next, consider how you can encourage your child to reflect on who they’re grateful for. Acts of kindness and returning the favor to those who have been good to us can inspire kids to put their gratitude into action. Doing some yardwork, sharing a toy, or making a painting as a gift can help children understand how powerful it can be to outwardly show our gratitude for the people who are in our lives. Consistency is the most crucial factor, so try to find ways you can incorporate gratitude into your everyday routine. Children of any age can keep a gratitude journal with their parents’ help. Some families also use a gratitude jar where each family member can write what they’re grateful for on a slip of paper and add something different to the jar each week. It’s the perfect way to keep gratitude front and center. These lessons may not sink in immediately, but by cultivating these positive habits in our everyday lives, you will see a big difference in the long run.

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