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Virginia Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Virginia on
Q: We are grandparents in Va. our granddaughter is in tenn with her other grandparents. they file temporary custody.

They will not allow us to get her for the weekend. without a chaperone. Our daughter is custody at carter county detention center. A judge has all ready granted temporary custody to the other grandparents. My question is, do we have any rights in this matter? And if so what do we have to do?

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Virginia on
Q: Decision for Rahimi v United States, is a LIFETIME firearms ban now considered unconstitutional? (Read Details)

In the decision it is stated:

"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date... View More

0 Answers | Asked in Estate Planning for Virginia on
Q: I am PA for my husband with Alzheimer's. What happens if I die first?

My husband was previously PA for me. I had that changed to my daughter due to his medical condition. How to I get his Power of Attorney changed when he has dementia?

0 Answers | Asked in Employment Law and Employment Discrimination for Virginia on
Q: What does it mean when opposing counsel wants to setup a meeting after receiving a Demand Letter?

I hired an attorney after encountering workplace discrimination and retaliation due to my disability. My former employer began treating me differently and ultimately terminated my employment in a relatively short period of time following disclosure of my disability. My attorney sent a Demand... View More

0 Answers | Asked in Education Law for Virginia on
Q: Can I request back pay due to a staffing error? I was hired as a long term sub not provisional teacher.

I provided the Norfolk Public Schools with a provisional teacher evaluation from VDOE in September of 2023. At the time the school system did not have a licensure specialist in place to facilitate my provisional hire status. The human resources generalist assured me that she would reach out to... View More

0 Answers | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: Can I Sue The Facility If I Injured Myself And Had To Be Resuscitated Due To Lack Of Care And Staff Refusing To Save Me

I Was At A Facility In Williamsburg And The Staff Were Aware Of My Seizures And I Had Multiple Seizures (Hit My Head) And Another Patient Called For Help And Nobody Respond Until Minutes Later I Then Had A Seizure Where I Hit The Hard Concrete Floor And I Stopped Breathing For 35 Minutes And The... View More

0 Answers | Asked in Consumer Law and Contracts for Virginia on
Q: Can a company legally asks for the balance due on job started in 2020, but to date was never finished?

Windows installation contract signed on 3/16/2020 for $48,744.40; Down payment $12,186.1. Work not started or completed per the contracted dates of 5/8/2020 to 6/5/2020. 10/19/2020 was actual start date. Materials repeatedly ordered due to subcontractor's measurement errors. Due to several... View More

1 Answer | Asked in Copyright for Virginia on
Q: Can I republish information from a State agency website/publication?

I wrote a book and want to include portions of the Virginia driving manual found on the DMV website and the Standards of Learning found on the VA Department of Education website. Does this violate copyrights? How could I get permission to reprint it in a book that will be for sale?

James L. Arrasmith
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answered on Jun 21, 2024

To answer your question about republishing information from state agency websites or publications:

Generally, works created by federal government agencies are in the public domain and not subject to copyright protection. However, state and local government works may be copyrighted,...
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1 Answer | Asked in Probate for Virginia on
Q: How do you prove undue influence in West Virginia? The testator was very old and frail and had been diagnosed with

Dementia. Her stepdaughter and stepdaughter’s husband secured an online will and filled it out for her, then had her sign it. They also secured two witnesses who both testified to only seeing her once a year. The will was not signed in the presence of the testator. Two different locations are... View More

Richard Sternberg
Richard Sternberg
answered on Jun 19, 2024

Sounds like you need to consult with a West Virginia lawyer.

0 Answers | Asked in Traffic Tickets for Virginia on
Q: I was pulled over on my dads bike and got altered tags no insurance and dead inspection my dad had a lien on the bike

I payed the lien off over a month ago and they never told me I needed the death certificate so I sent that in a couple days ago and it wouldn’t go through so I got ahold of customer service and they are finally going to send it and my court date is the 27th of this month and wondering if the... View More

0 Answers | Asked in Family Law for Virginia on
Q: My ex and I have 2 kids together. She moved 45 mi away from me. I live in the family home. I want 50/50, should I move?

We lived together for 3 years before she moved out. We currently have shared physical custody and I have custody every weekend.

0 Answers | Asked in White Collar Crime for Virginia on
Q: as an 18-year-old with no prior criminal history and trouble What will my consequences be for embezzlement $370

I recently embezzled a total of $370 for my job on five different occasions to save to try to pay my ex back because I was being threatened and under duress. I understand that these were my actions and that I have to take responsibility. What consequences facing with this being my first charge ever... View More

3 Answers | Asked in Real Estate Law for Virginia on
Q: Two brothers co-own a property in VA. What is the law when Brother #1 wants to sell and Brother #2 is reluctant?

If Brother #2 does not want to buy out Brother #1, what rights does Brother #1 have if he wants to sell?

Richard Sternberg
Richard Sternberg
answered on Jun 13, 2024

Either co-owner of the property can petition the court for sale in lieu of partition as long as the property isn't subject to partition. Partition is mostly an available remedy for farmland. The legal fees for the petition are, under Virginia Code, reimbursed from the proceeds of the sale by... View More

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0 Answers | Asked in Insurance Defense and Small Claims for Virginia on
Q: contractor liability and property damage due to artificially redirected water to my unit

Hi! I am a tenant that just moved in to a ground floor Northern Virginia condo. Last week, my condo and my neighbor's condo flooded with muddy stormwater. This stormwater accumulated in trenches dug during electrical repairs and was artificially redirected towards are units during their work.... View More

0 Answers | Asked in Personal Injury for Virginia on
Q: In finder bender sought medical treatment my uninsured motorist insurance offered settlement and to reimburse my

Insurance company for medical expenses will this affect my insurance for future treatment non accident related and will they have access to all my medical history

1 Answer | Asked in Criminal Law and White Collar Crime for Virginia on
Q: Under what circumstance is bail denied?

My lo is in jail serving his 18 month sentence. He is set to be released on 7/2. While in jail he got charged with another crime- Same crime. White collar crime. What is the likelihood of him getting a bond? Should I expect him to be released on 7/2. I have a lawyer for him and he is going to... View More

David G. Parker
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answered on Jun 13, 2024

He is entitled to a bond on the new charge unless a judge or magistrate finds by probable cause that: 1. He will not appear for trial or hearing or at such other time and place as may be directed, or 2. His liberty will constitute an unreasonable danger to himself, family or household members, or... View More

1 Answer | Asked in Divorce, Social Security and Family Law for Virginia on
Q: Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits paid monthly

Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits I pay monthly?

Our divorce decree mandates I pay an equalization amount to her monthly along with 50% of my Govt Retirement. I believe she has not filed so I have to pay her from my... View More

James L. Arrasmith
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answered on Jun 15, 2024

Unfortunately, you cannot force your ex-wife to file for spousal benefits under Social Security. Social Security rules allow her to decide when to file for benefits, and there is no legal mechanism to compel her to do so. However, understanding your options can help you manage this situation.... View More

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