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Questions Answered by Matthew Lane Kreitzer
1 Answer | Asked in Traffic Tickets for Virginia on
Q: Got tckt for 80 at 65 zone in VA,but i guess DL will be revoked in NC for over speed of 15.I am from NC.Wat can be do
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 27, 2017

First things first; hire a lawyer to represent you in the traffic ticket proceedings in Virginia. Reckless driving is a crime, and has any number of consequences for you and your driving record. You can discuss what happens in NC depending on the results from the VA case.

1 Answer | Asked in DUI / DWI for Virginia on
Q: My son got a DWI with a .11 BAC at approximately 10:00 am. He had not had anything to drink since the night before.

Background: My son is 27 years old and has always been careful not to drink and drive and never considered that he could still show any level of alcohol usage the day after. He was pulled over because he changed lanes across a solid line. The officer said he smelled alcohol on his breath and did... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 27, 2017

There is a possibility of a great many things happening at trial including jail time. Therefore, your son should hire a lawyer to represent him. The likelihood of success depends on several factors which a lawyer will need to explore with your son.

1 Answer | Asked in Child Custody for Virginia on
Q: Open show cause case already and custodial parent still breaking visitation order, upcoming court date. What to do?

Visitation order in place but custodial will not follow, there is a current open show cause case to be heard next week. But she didn't follow order again for this holiday. Do I file another show cause or just discuss it at hearing next week with judge.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 26, 2017

Whether the judge will be willing to listen to multiple instances of violation of the same order under one show cause depends largely on the JDR judge you are dealing with. Some are more open than others to listening to everything. Consult a local lawyer familiar with your judge.

2 Answers | Asked in Child Custody for Virginia on
Q: What happens if the father do not show up for a custody case?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 26, 2017

Largely depends on where you are in the process and the facts of the case. Many judges are reluctant to enter an order unless both parties are served and present. It really just depends. Call a lawyer to discuss your case in more detial.

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1 Answer | Asked in Animal / Dog Law for Virginia on
Q: Dog off leash attacking and slowly killing cat in the cat owners yard. If owner kills dog will they be fined or charged?

Just want to know if it ever happens because I've been worried about a neighbor's dogs although killing the dog is only a very last resort(if legal) because I love animals and don't think any non-food animal should be killed but if it won't let go I don't want my cat to die

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 26, 2017

If you have real concerns regarding the safety of your animals and have prior incidents that show that your neighbor's dog is dangerous, there are other steps you should be taking prior to thinking about killing your neighbor's dog. You should contact the local authorities to discuss your... View More

1 Answer | Asked in Family Law for Virginia on
Q: Married for 8 years.We were living in her parents house. I was kicked out by wife. Do I have to provide spousal support?

If I was kicked out of the residence and did not want to leave do I have to provide temporary spousal support.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 26, 2017

Your ex could certainly request spousal support. Whether a Court will give spousal support is a holistic analysis, and depends on more than thirteen (13) factors. Being kicked out is not dispositive. Seek a consultation with a Virginia lawyer to understand your rights.

1 Answer | Asked in Child Custody for Virginia on
Q: Does the right of first refusal with custody apply in the state of VA? If so is there a way around it?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 26, 2017

Are you referring to the non-custodian parent's ability to have parenting time with the child as first selection in the event that the custodial parent is busy and needs a caregiver? That rules does generally get applied in Virginia, but it typically has to be in the actual order. However,... View More

1 Answer | Asked in Animal / Dog Law and Family Law for Virginia on
Q: Can I sue a family member for spaying my dog without consent by myself, the owner?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 24, 2017

Yes. Consult a lawyer.

1 Answer | Asked in Probate for Virginia on
Q: In my mom's last will and testament, she names me as the beneficiary. Sister contesting, what documents must I give her?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 24, 2017

Depends on where in the process you are and what has been done by the sister. Speak with a lawyer.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Virginia on
Q: My ex husbands fiance spanks my child with a wooden spoon every time she sees fit. Is this legal? He says it is.
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 24, 2017

Corporal punishment in Virginia is very limited, and highly fact specific. Even if the activity would not be a crime, a JDR judge may be interested to hear of what is happening. Consult a lawyer.

1 Answer | Asked in Estate Planning for Virginia on
Q: Proceeds from my late Father's estate are being distributed. I was under the impression that creditors get paid first

and heirs are paid last?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 24, 2017

If the administrator is failing to pay creditors that have duly filed a proof of claim with the estate, then you may need to consult a lawyer to hlep you determine what steps need to be taken to protect the beneficiaries of the estate.

1 Answer | Asked in Child Custody for Virginia on
Q: Order states split holidays He is refusing to give a time that I will get her for Christmas and Christmas Eve.

We agreed I’d have first half of eve and second of Christmas. If he refuses to give a time or refuses to give her to me. What can I do?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 24, 2017

If there is an order that is not being obeyed, then that is typically enforced through a process known as a Motion for Rule to Show Cause. Hire a lawyer to help you file that.

1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: Do I by law have to talk to my ex through phone or text. She is the custodial parent and and screams and cusses instead

It's usually her screaming and cussing in the phone on my voicemails over nothing. So I choose not to talk to her. She threatens to take me to court over this. I pay child support and am never behind.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 21, 2017

Depends on what your custody order says. Take it to a lawyer for analysis.

1 Answer | Asked in Family Law and Child Support for Virginia on
Q: If i pay cs and still takes care of my two kids,with the other parent not provideing for them,can my cs be lowerd?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 5, 2017

There is insufficient information to determine whether or not child support should be lowered at this time. Child support is based upon a thorough calculation of income and expenses. My recommendation would be to seek out a local lawyer for a consultation on how this calculation is performed.

1 Answer | Asked in Small Claims for Virginia on
Q: I have a barge that has been left attached to my dock for three years. The owner was hired to repair dock.,that was done

I am still waiting to have it removed...he comes by or returns calls about every other month. But has not removed it...do not want it's title if there is one..I have someone who will cut it up and haul away but the owner will not return my calls

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 5, 2017

Do not cutit up and haul it away. That will likely result in a lawsuit. The first step is to find a local lawyer to consult regarding the process for declaring that the boat must be removed and for recovery of any costs or fees you have incurred to this date.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Father w/visitation moving out of state. Do I have a case to change every other weekend visitation because of the drive?

I have sole custody of my daughter, my ex has visitation every other weekend. He is about to move out of state, about a 3-4 hour drive away. Would I have a case to change the visitation agreement so she did not have to spend 6-8 hours in a car, every other weekend?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 4, 2017

A move is certainly considered a material change in circumstances. Seek out a local attorney to discuss the facts of your case in more detail.

1 Answer | Asked in Child Custody for Virginia on
Q: My husband and his ex were never married. She took the child to VA and gave custody of him to a stranger.

He has lived with them for 8 years. The child is experiencing a lot of problems and the child is now a ward of the state. How easy or hard will it be for him to gain custody of his son? He is 14. The Guardian gained custody without my husband's knowledge. What are the laws on us living in... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 3, 2017

There are insufficient facts to determine the likelihood of success. Any lawyer would need to sit down and speak with you all in more detail to determine the likely result. Schedule a consultation with a local lawyer as soon as possible.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Q: Husband left the country. How to file for divorce w/o address? Can I plea abandonment?

I asked my husband for a divorce and he decided to leave the country and go live with his mother in the Dominican Republic. I don't have a phone number or address. He doesn't send money, but he FaceTimes once every couple weeks to talk to the kids. How can I serve him with... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 2, 2017

You may or may not have a grounds for divorce. The first step you need to take is to speak with a local family law attorney in your area. The attorney will have several questions for you before determining what steps you need to begin taking to protect yourself, and what your rights are.

1 Answer | Asked in Child Support for Virginia on
Q: Paying $2000/month child support for two children. One child has graduated and turned 18. Can I just start paying half?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 2, 2017

Child support does not necessarily automatically terminate immediately upon the age of 18. My recommendation would be to speak with a local family law attorney to discuss the contents of your child support order and what steps, if any, need to be taken to ensure your amount of support is reduced.

1 Answer | Asked in Child Custody for Virginia on
Q: Me and my husband both have custody of our kids in Virginia, can he sign his part of custody over to his mom?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 2, 2017

Not without the Court being involved. If there is talk of doing this, immediately consult a local lawyer.

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