I got a speeding citation for driving 37 in a 25 MPH zone in Virginia. My only other ticket was in April 2019 and it was out of state (84 in 65 MPH zone). I did take a defensive driving class in June 2018 for a ticket dismissal.
In my circumstance, should I request the court/judge for a... Read more »
If you took a driving class for a dismissal less than 5 years ago, many judges will not give you the option again. Speak with a traffic attorney in your specific jurisdiction to see if there is any extra info you can give that might help your chances of a reduction or dismissal.
If you don't attend a court hearing to which you have been summonsed, you risk being held in contempt for failing to appear, which can include jail time. Failing to appear could also mean that the court finds that you have abused the child if you are not there to defend your case. Speak with...Read more »
Sounds like the officer may have accidentally filled in the wrong code section. As you likely noticed, 46.2-835 references turning right on a red light. Keep your court date as the judge is likely to allow the officer to verbally amend the error in open court. Contact a traffic attorney to look...Read more »
The paperwork states, “Neither party shall expose the child to a paramour on an overnight basis..” Overnight is defined as of 8pm-8am. Would violating this order, with the support of evidence/proof be grounds to overturn a existing custody agreement?
If someone is violating a court order, the remedy is to file a "motion for a rule to show cause" - basically, a request for the other side to be held in contempt of court. Some violations may give rise to grounds to amend a custody order. Consult with a family law attorney in your area...Read more »
On 1/25/2021, the court ruled on joint custody and child support. The mother found out I am in a new relationship and now refuses to adhere to the legal agreement and is demanding I bring her everything in my home I bought our kids. She never fully complied with the order; I do not know where she... Read more »
It's a good theory but ultimately not allowed - support and visitation are two separate issues in the eyes of the court. Support should still be paid as ordered, and a show-cause may be appropriate for the violation of the visitation order. Speak with a local family law attorney about how to...Read more »
I find out he is not mine what right do I have even though I signed the paternity acknowledgement in the hospital after not sleeping for a day and coming down from PA to see the child who was born early.
If a father finds out he is not, in fact, the father, in Virginia he can file a motion to disestablish paternity, which can allow for a DNA test. Unfortunately, there is not much to be done about the money that is already paid. That is why if you believe you aren't the father, you should...Read more »
I can't say what type of documents you might need as each case is different and depends on the facts surrounding the children. You can review the broad factors the judge considers in any Virginia custody hearing here: https://law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/...Read more »
The 1st ticket in Tn was a failure to obey road sign. #2 was a reckless driving ticket in VA because my wheel axel snapped while turning sharp and lost control and crashed the car. This is when I was sentenced to driving school. #3 was a red light in VA that i got after I was sentenced to driving... Read more »
You can probably still take the class, but one of the requirements to having the court reduce/dismiss the charge is that you obtain no new tickets for a certain amount of time after you are sent to driving school. Call or meet with a traffic attorney, if you don't already have one, to review...Read more »
Trial ever. Now she doesn’t let me speak to her on Skype FaceTime what’s app .. nothing . Saying that is on her best interest ( she decided that ) I know it’s all out of revenge and hate but is there something I can do?
Unfortunately, it's impossible to give a general online answer to what is clearly a complicated issue that has already been heard in court. You need to take as much paperwork as possible to a local family law attorney to see what, if anything, can be salvaged at this point.
I think it depends on the size of the break, and what type of intersection - major crossing street, or simple turnoff into a neighborhood. If you've been charged under these circumstances, it would be worth consulting with a traffic attorney in your area to look a little closer at the law as...Read more »
I have a 2 year protection order against my spouse of 28 years. It has come to my attention that he is more than likely in the 1st or 2nd stages of dementia. He has started texting me nonstop, calling and crying. He also recently came to my home and flipped his vehicle into a ditch totalling it. He... Read more »
Without knowing all the details, it appears there is not much you can do. It is unfortunately up to him to decide to get treatment. If you don't want to drop the protective order, you shouldn't. Perhaps you or your children should research mental health options in your area to see if...Read more »
The rule of thumb is that the court starts to consider the child's opinion around age 12. However, the child's preference is only one of many factors the court takes into consideration. In other words, just because the child wants something doesn't mean the court is going to do that.
It is possible, though perhaps a bit more complicated than some other situations. You would need to qualify or be eligible for some other type of visa or a green card, such as by marriage to a US citizen. Consider consulting with an immigration attorney to review your situation and options. Good...Read more »
I am a Canadian citizen married to a US citizen, but in the process of getting divorced now. I started my own business and I don't want to have to wrap it up and go back to Canada. Does my green card allow me to continue living in the US and continue my business?
The short answer is yes, a green card allows you to continue living and working in the US. The warning, however, is that a green card obtained by marriage could be "conditional" and require you to renew and submit certain documents after two years. Review your documents to see if you...Read more »
Best to contact the court and find out if there is indeed a hearing. Wouldn't want to risk finding out you were served in a permissible, substitute manner (i.e. not by personal service) and then be stuck with trying to overturn an order that was entered without you present.
We have a legal separation agreement in place, which gave my ex a lump sum of money and time to secure housing. This agreement states that she must leave the home I own by November 18. She moved intonto my home and I was forced to leave. She moved in on July 1 and has until November to get a job... Read more »
The best advice is to listen to the attorney you already have. That person is going to know the specifics of the case better than any attorney online answering questions. It's possible that you may have a case for an unlawful detainer, but your attorney is in the best place to answer that....Read more »
It depends on your situation. It will require filing a couple applications, and it could require to you to briefly return to your country in some cases. Consult with an immigration attorney. May can work with you remotely, or there are several qualified immigration attorneys in the Newport News...Read more »
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