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Questions Answered by Sean R Hanover
1 Answer | Asked in Family Law and Juvenile Law for District of Columbia on
Q: Should I seek an attorney before allowing CPS to question my son??

Hello,

recently I was notified by my son's school prinicipal that a parent had filed a sexual assault charge against my 7 year old son. The information as to the details of the case was very limited and she gave no information aside from the fact that he was named and that she would be... Read more »

Sean R Hanover
Sean R Hanover answered on Dec 27, 2017

Great question -- NEVER speak with the authorities unless you are represented by counsel. This could have a devastating effect on your son and your family. You need to learn what gave rise to these allegations. In a CPS investigation, they will be targeting the family, and the environment that... Read more »

2 Answers | Asked in Employment Law for District of Columbia on
Q: Hello, I am a deli owner and one of my employee sued me for minimum wage and overtime.

she wants us to pay $10000 for it.

However, there was an agreement on the amount of her wage because our employee wanted the paycheck in cash. We do have the recording of it, and I just wanted to know if there is anything we could do in defense.

Sean R Hanover
Sean R Hanover answered on Dec 22, 2017

Contact us at your earliest convenience. FLSA violations can be nasty, and you need a lawyer to get your through this with a minimum of pain. By way of overview -- generally, if you did not pay an hourly employee the appropriate number of hours, you can be liable for up to three times the missing... Read more »

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1 Answer | Asked in Business Formation and Business Law for Virginia on
Q: Forming solo proprietorship

I'm looking to start freelance software development part time - I was interested in setting up a solo proprietorship since the work I'll be doing will have no liability and won't benefit from an LLC. I wanted to find out what business licenses\tax forms I would need to apply for.

Sean R Hanover
Sean R Hanover answered on Jul 11, 2017

I would disagree with your statement about needing to incorporate (or, as you stated, form an LLC). Liability is not just limited to exposure from a potential client. You should definitely speak with a lawyer prior to make any final decision. Taxes are at the (1) federal level (EIN), (2) state... Read more »

3 Answers | Asked in Criminal Law and Probate for District of Columbia on
Q: My 12 years old involved in painting other people property's, and he witnessed his friends setting something on fire.

We are going to have a meeting at detention center I don't know what's going to happen and do I need a lawyer

Sean R Hanover
Sean R Hanover answered on Jun 26, 2017

Absolutely! You should not speak with, nor discuss your case, with any government official when a lawyer is not present. In DC, you are looking at delinquency proceedings in Superior Court. These can result in your child being placed under Court supervision, being removed from your home, or... Read more »

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for District of Columbia on
Q: Can a judge order an abuser to pay a petitioner's legal fees, as well as pay rent, as part of a civil protection order?

My friend T.L. (anonymous) was physically and verbally assaulted by her boyfriend. She had the cops remove him from her apartment (he was not on the lease in the first place) after she called to say that she felt unsafe around him. She is interested in filing a protective order, but wants to know... Read more »

Sean R Hanover
Sean R Hanover answered on Nov 18, 2016

Great question! So, when you file in DC for a protective order, you ask what relief you are seeking. When you go to Court, the judge will complete (or you will settle with the opposing side) an order regarding your motion for a protective order. A section on that "order" includes payment of home... Read more »

1 Answer | Asked in Tax Law and Mergers & Acquisitions for Virginia on
Q: What constitutes voting shares in the eyes of the IRS?

In matters pertaining to 26 U.S. Code § 368 - Definitions relating to corporate reorganizations, I am looking for a clear definition of what constitutes "Voting Shares" when contemplating a Reverse Triangular Merger (RTM) as a means of acquiring a business.

Situation:

I own a small... Read more »

Sean R Hanover
Sean R Hanover answered on Oct 12, 2016

Great question! In answer, a "voting share" refers to a class of shares, the possession of which entitled the bearer to vote on matters related to the corporation or organization. As such, you need to look at the corporate charter, or depending on the structure of an LLC, the operating agreement,... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Must a Maryland employer pay the salary of employee who lives in DC and is required to serve on a jury at DC Supr Ct?

Job is in Md., residence is in DC. See Maryland Code, Court and Judicial Proceedings Article, Sections 8-501 and 8-502. The rules say "under this title." Does that mean the protections only apply to Md. proceedings?

Sean R Hanover
Sean R Hanover answered on Sep 14, 2016

In regards to your question about whether this all applies to DC as it does to an MD proceeding, the simple answer is "no." The code section referenced above only applies to actions in an MD court, and the reach of the MD law only covers hearings that the MD Court can control or enforce. Because... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for District of Columbia on
Q: If a child was pushed to direct them in the room in which they were asked to to their chores

If a child was pushed to direct them in the room in which they were asked to do their chores and they slipped and hit their face on the carpet and it caused a rug burn not meaning for any of it to happen or cause injury or harm can a parent be charged for assault on a child or possibly lose custody... Read more »

Sean R Hanover
Sean R Hanover answered on Sep 14, 2016

I would recommend contacting us at your earliest convenience. This matter is serious. In response to your question -- yes, you can be charged with assault. Assault is the unwanted touching (or imminent threat of touching) of another without privilege and without consent. DC Code 22-404(a)... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Is there anything I can do to stop my daughter's father from obtaining a birth certificate and SSN?

I received a text from her father stating that he needed them in order to get a quote for health insurance. She is already covered and comfortable with her doctor and dentist. I also realized that these are not things that you need just to get a quote for the insurance so I am afraid that he is... Read more »

Sean R Hanover
Sean R Hanover answered on Aug 10, 2016

It is not likely the Court will agree to prevent the lawful father, who has rights to visit and be with his child, from obtaining her birth certificate and/or social security number. For that matter, he can file with the state to get a copy of the birth certificate himself. You need to be careful... Read more »

1 Answer | Asked in Criminal Law for District of Columbia on
Q: Is it possible to get 18 months for armed robbery
Sean R Hanover
Sean R Hanover answered on Jul 7, 2015

In order to determine a "range" for a specific crime, you need to look at the sentencing guidelines. You can find them online for the District of Columbia at http://scdc.dc.gov/publication/2014-voluntary-sentencing-guidelines-manual. You need to know both the offense being charged, and any... Read more »

1 Answer | Asked in Uncategorized for Virginia on
Q: How do I file Reversionary interest

What forms should be filed first

Sean R Hanover
Sean R Hanover answered on Dec 17, 2014

A reversionary interest is a legal right in some sort of property, real or personal. This sort of interest is created at the inception of the property.

2 Answers | Asked in Wrongful Death for Virginia on
Q: What is the amount of time till you can file wrongful death in virginia?

I'm under age my mother passed in a wreck with a drunk driver. I'm not sure if my family filed or not.

Sean R Hanover
Sean R Hanover answered on Dec 16, 2014

You must file a wrongful death suit within two years after the death. However, if the decedent died more than two years after the injury without having brought suit, the action is barred.

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2 Answers | Asked in Criminal Law for Virginia on
Q: How much time is someone looking at for taking indecent liberties with a child in a custodial or supervisory.
Sean R Hanover
Sean R Hanover answered on Dec 15, 2014

This is a class 5 felony which carries a maximum penalty of not more than 12 months confinement, but probation can last from 1-10 years. The age of the child will affect your time. If the child was 15 at the time of the incident then the amount of time will likely be from 1-6 months confinement. If... Read more »

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