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Virginia Questions & Answers
0 Answers | Asked in Criminal Law for Virginia on
Q: If this is my first offense will I go to jail for a VA code 18.2-96(2). It was 80$ worth of groceries from Walmart

I’m a stay at home mom and my husband lost his job we are losing our home and everything else one by one I made the stupid mistake or using our last 30$ to get for for my family and wrongly tried to get more by not scanning everything at checkout. They took me to the office and kept what I... Read more »

0 Answers | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Virginia on
Q: Do the unrecorded articles of incorporation and bylaws for a Virginia non-statutory (common law) HOA that is subject to

the Virginia Nonstock Corporation Act and along with its members a recorded declaration become ipso facto void if the corporation permanently loses its charter and the declaration does not mention a “corporation”, any corporate documents or a procedure to incorporate or otherwise subject its... Read more »

0 Answers | Asked in Domestic Violence for Virginia on
Q: Is pushing a spouse considered domestic abuse or violence?

I was in an argument with my husband and left the hallway and called my teenage child in to the bedroom to speak to him about the issue. In rage, husband comes storming towards us and says child should not go in with me (argument was about me changing his hairstyle). I put my hand on the door to... Read more »

0 Answers | Asked in Family Law, Child Custody and Domestic Violence for Virginia on
Q: Can CPS take children out of the home based on speculations and a dismissed DVP I witch opened a CPS case for A&N???

3 months prior a CPS case was closed out due to no signs or concerns of A&N...

0 Answers | Asked in Real Estate Law for Virginia on
Q: Can a family member provide me with funds to pay off debts, and receive a soft second mortgage for the amount they owe?

For example, they give me $30K, and I provide a second mortgage, which is only payable at sale or maturity. It would be modeled after the Partial Claim loss mitigation program provided by lenders.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: If my teen decided she no longer wants to go to her father's, do I have to make her?

I have sole custody and her father has a visitation order. She is 14 and we live in the state of Virginia.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Nov 22, 2022

Unjustifiably withholding visitation can result in a change of primary physical custody of a child. A custodial parent must do everything within his or her power and authority to allow visitation to occur, absent some credible evidence of family abuse which would justify a modification of a... Read more »

0 Answers | Asked in Uncategorized for Virginia on
Q: Can we sure Walmart for mgmt putting us in danger, not following protocol?

My family and I were verbally assaulted, followed to our car, and then attacked by a walmart employee and the employees family. We were not arguing with the young lady, she was apparently heading a bad day and had some kind of meltdown. She was allowed to scream and threaten us repeatedly, mgmt... Read more »

0 Answers | Asked in Family Law for Virginia on
Q: Child custody was decided in 2017. Pending litigation in 2022 I entered in an Addendum. When is the last order of entry?

I need a case law that supports an addendum to the child custody agreement is considered a modification.

0 Answers | Asked in Civil Litigation for Virginia on
Q: I was the sole beneficiary of a property left in a trust. Can I sue the trustee for breach of fiduciary duties

The trustee would not transfer ownership in doing so before I could get the property left to me. It was foreclosed on and put up for auction. For almost 2 years I tried to gain ownership but I was not giving any opportunity to do so and I was not being informed about loans against the property.

0 Answers | Asked in Civil Litigation for Virginia on
Q: If my family was attacked by a Wal Mart employee & her family in the parking lot; management did nothing, what options?

A WalMart employee seemed to be having a bad day and turned a normal situation into something else; became irate and caused an entire scene in the store and out the store for 5-10 minutes. The management team did nothing to deescalate, remove her from the property or call security to ensure me and... Read more »

2 Answers | Asked in Estate Planning for Virginia on
Q: We have existing will and trust. Can we modify current successor trustee with an addendum we create and notarize?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Nov 21, 2022

A will may be modfied with a codicil. Most attorney advise against the use of a codicil for various reasons. As it requires the same formalities as a will, the testator is often better off by simply writing a new will.

A trust may be modified in accordance with its terms, or, in certain...
Read more »

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1 Answer | Asked in Family Law and Child Support for Virginia on
Q: Can Virginia make you pay child support for a child over 18 if they have disability?

My fiancees son never received disability as a child and applied on his own and got it and is his own guardian and moved out of his mother's house and they still want him to pay her child support.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Nov 20, 2022

Under Virginia Code Section 16.1-278.15, child support may be ordered to continue for an adult child in the following circumstances:

"...The court may also order that support be paid or continue to be paid for any child over the age of 18 who is (a) severely and permanently mentally or...
Read more »

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Sexual Harassment for Virginia on
Q: What should I ask for if I need my old charges to be re-evaluated and verify back before the courts due to inappropriate

I was charged with distribution and conspiracy to sell for profit in 2015. Sentenced to 5yrs with 4 suspended and 3 yrs probation for one sell on wire. The undercover cop was having sexual relations with multiple informants including the one who wired me! This was proven correct and the cop,... Read more »

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: In VA, If present and verbally told you won’t be charged at move out inspection, can they add charges later?

In VA, I was present for the move out inspection and was told I would be charged. A week later I was given a $600 disposition for the walls. I was never given a paper, even though I asked, at the time of the inspection. I was only verbally told I was not going to be charged. They claim they use a... Read more »

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: My landlord is selling the house I’m in. I’m on a month to month lease. He called me today and said someone bought the

House. What happens with my security deposit? He said she would give it to me if the house was clean and no damage

0 Answers | Asked in Banking for Virginia on
Q: I have $11000 in student loan debt. The initial loan was under $9000 at 8% interest. To date, I have paid over $20000.

I was unaware of the Sept consolidation deadline to qualify for the student Ioan forgiveness. I have been ill the last 17 mos. Is there any case law that would support a legal request to have the loan forgiven given what I have paid vs initial loan amount at 8% interest?

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord say you cant have visitors

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