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Virginia Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Virginia on
Q: If a protective order has been broken, can another be filed?

My ex-boyfriend had a protective order filed against me for absolute dumb reasons. (6 months) it has since expired and we’ve seen each other on multiple occasion, while it was active and when it expired. My question is, since technically the first one was broken - could another be issued if he... Read more »

Gary Kollin
Gary Kollin answered on Sep 16, 2019

YES

1 Answer | Asked in Civil Rights and Real Estate Law for Virginia on
Q: Can a house be built on land to block the right of way & only access to another’s house, used for 100 years?

Family members used land as driveway to have access to their home. Portion of land bought by someone else now has home almost built land locking the house in back of it. Thought the land used as driveway by family members would be grandfathered in in Va. what is law? Does City have any... Read more »

Ross Cameron Hart
Ross Cameron Hart answered on Jul 21, 2019

It is certainly suspicious, but there are not enough facts to be able to answer your question. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it... Read more »

1 Answer | Asked in Personal Injury and Civil Rights for Virginia on
Q: What can I do?? I need help.

I have raised my grandchildren ages 3 &6.

Since the day they were born. A CPS worker took my grandchildren from me and placed them in foster care bcuz im a felon. I made a mistake 15years ago and I paid my debt. I changed my whole life around. She discriminated against me and bcuz of her... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 15, 2019

I regret that I do not handle domestic relations case, personal injury cases or civil rights cases. Sorry.

1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Rights for Virginia on
Q: What can I do cps lied

They went into foster care for 5 days were physically abused . They have been taken from the only family that they have ever known .they are traumatized this is all bcuz i am a convicted felon of 15 years ago there is so much to this. I can peove ur all i need help to get them back home where... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 12, 2019

I regret that I do not handle family law matters, child abuse law matters or domestic relations law matters. Sorry.

2 Answers | Asked in Employment Law, Personal Injury, Civil Litigation and Civil Rights for Virginia on
Q: If an employer garnished employees pay based on a frivolous instrument, is that employer liable?
F. Paul Maloof
F. Paul Maloof answered on Jun 10, 2019

An employer may only withhold and garnish wages based on a Court's order that is stated in a Garnishment Summons. Not sure what you mean by frivolous instrument.

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1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Virginia on
Q: Newly renting, Carpets smell like urine, 2 small babies in house. Owner refuses to replace them. What rights do we have?

Just moved in, site unseen unfortunately cause of military move. Carpets smell like strong urine. 2 small kids in our house. 3 years old and 10 months. The house was also filthy when we moved in and we had to pay ourselves to have it cleaned. Property manager said they nor the owners will replace... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Mar 3, 2019

Check your rental agreement first and also see if the Virginia Landlord Tenant Agreement covers this situation. It may be something you want to retain a lawyer to investigate further as they can tell you what rights you may or may not have and also your liability if you choose to breach your... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Virginia on
Q: Are there any lawyers with experience in the mental health laws is Virginia?
Tim Akpinar
Tim Akpinar answered on Feb 16, 2019

One option is to check with the Virginia State Bar's Lawyer Referral Service.

Tim Akpinar

1 Answer | Asked in Libel & Slander, Animal / Dog Law, Civil Litigation and Civil Rights for Virginia on
Q: My ex is filing a damaged property claim against me. If I haven't done anything wrong, how can I defend myself?

If my ex has threatened taking me to court before and never did anything. My ex also stated in a phone call "you just made your life harder for you"... Can I sue for emotional harassment?

My ex is also in possession of my cat (which I pay monthly vet bills for) can I 1) get reimbursed for... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 1, 2019

Rather than suing for emotional harassment, which may require your physiatrist's testimony to prove your claim, you would be better served to go to the Court and apply for a "protective order" based on harassment.

I do not handle domestic cases, especially with regard to cats. Sorry.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: I have a felony eluding the police that has been going on in the courts since march 2018 and was put under advisement.

I went to Circuit Court in front of the judge and they put it under advisement for 1 year under the conditions that I pay my court fines, do my year of probation, and 100 hours community service. I was told that if I completed that abd came back for review that the charge would be reduced to a... Read more »

Susan Fremit
Susan Fremit answered on Jan 22, 2019

You need to speak to your attorney regarding what you need to do to try to avoid a felony conviction, which will remain on your criminal record for life. Start your community service hours immediately. Speak to your attorney about the possibility of converting your court costs to community... Read more »

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2 Answers | Asked in Civil Rights and Criminal Law for Virginia on
Q: is it illegal for a citizen to install bugs or videos in my house without my permission or to hack into my phone?

Someone is claiming they have video of me while on my bedroom and in my house. They have detailed knowledge of things I have done in my house. This has been ongoing for months. There is a police report. I worry that my phone has been hacked or video surveillance placed in my house. I need to... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Dec 18, 2018

Read the following law:

https://law.lis.virginia.gov/vacode/title19.2/chapter6/section19.2-62/

Virginia is a one party consent state to record. If there is a police report then it appears you reported this to the appropriate investigative body.

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2 Answers | Asked in Contracts, Divorce, Civil Litigation and Civil Rights for Virginia on
Q: How long is a show cause order valid, really?

My husband and co-owner of my home and I entered a separation agreement in 2013 that granted me the house if I paid the mortgage. He paid 3 month's mortgage in 2014 and I had proof that he was gifting them to me, but he took me to court and I was ordered to pay him back the 3 months in March 2015.... Read more »

Gary Kollin
Gary Kollin answered on Oct 26, 2018

You need a lawyer. You were not successful in your argument.

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1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Q: Do I need a lawyer that specializes in commuted sentences

A friend of mine has been incarcerated since the age of 17 for robbing the pizza man for 50 dollars at gun point he did not touch the man but a gun was involved. He was not the individual holding the gun but the one holding the gun testified against him for a reduced sentence (4yrs). The other man... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 26, 2018

It sounds as if you have answered your own question. To proceed further either your friend, or an attorney who specializes in that field, will need to figure out some way to advance the case or serve out the sentence.

1 Answer | Asked in DUI / DWI, Civil Rights and Municipal Law for Virginia on
Q: How do you get an interdiction removed in virginia?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 26, 2018

In Virginia, the court that entered the order may amend it or cancel it:

https://law.lis.virginia.gov/vacode/title4.1/chapter3/section4.1-333/

You would need to have a hearing before the court that entered the order (and presumably satisfy them that it should not be in place).

1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Q: Can money be recouped for wasted time spent in jail?

I was arrested for felony eluding police in southern Virginia and denied a bail bond, though I attempted to get one many times. I had a clean criminal record and was a VA resident. I ultimately ended up being held in custody for 8 months and 1 week before my jury trial. I was never offered a plea... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 15, 2018

A judge has authority to hold you in jail pending trial and to deny bond if he/she thinks you are a threat to society or a flight risk... Danger to community and flight risk govern whether a judge will grant or deny bond pending trial. Usually there are multiple judges involved on bond hearings... Read more »

2 Answers | Asked in Civil Rights, Personal Injury and Civil Litigation for Virginia on
Q: False arrest. Charges dismissed in court by judge testimonies contradicted police report.

Spent 6 months in jail and lost 100% of my life over false charges

F. Paul Maloof
F. Paul Maloof answered on Sep 15, 2018

I do not handle that type of case. Sorry.

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1 Answer | Asked in Civil Rights for Virginia on
Q: Is my neighbor allowed to point a camera at my front door?
Gary Kollin
Gary Kollin answered on Sep 1, 2018

Yes

1 Answer | Asked in Civil Rights for Virginia on
Q: Recently moved from my fathers house, I need legal help in what to do about my car?

I have a car that i bought in joint with my father, he agreed to pay half and so did I. This was not through a legal binding contract but through texts and speech. So in regards of me moving, he said i could keep my car as long as I pay him back the remaining money that I owe. Both our names are on... Read more »

Gary Kollin
Gary Kollin answered on Aug 16, 2018

This is not civil rights. I would suggest contracts

1 Answer | Asked in DUI / DWI and Civil Rights for Virginia on
Q: I was pulled over for DUI on June 29th my court date is not until November 7th that is arraignment on August 22nd for su

No my license are being suspended on August 22nd and I haven't even been to court yet my court date is November 7th I haven't legal aid lawyer she will not even return my calls nothing I'm getting railroaded and I can't do nothing please help me at least give me a direction to file a motion to stop... Read more »

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Aug 11, 2018

If you are not getting the level of representation you want you should consider hiring private counsel.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Virginia on
Q: Ex husband is narcissistic. Stalking my fiancé and threatening to call the cops when we’re at his place.

He threatens to tell lies on him of abuse and just pops up whenever he likes demand immediate access to the kids. I try and try to work with, but he so focused on hurting me. Is there any hope for full custody? Can my fiancé file for defamation of character?

Gary Kollin
Gary Kollin answered on Jun 13, 2018

Why doesn't your fiance file criminal charges or seek a restraining order?

Why would you be at his place?

Go to court in your divorce proceedings and get judicial involvement in child visitation.

Consult with a lawyer whether you may record the conversations since it is made...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Q: I was convicted of a property crime (breaking & entering/larceny) in 1980 or 81.

He was a friend, and we borrowed from one another often. This particular night, I borrowed his moped for an aquantance to get home. He was supposed to return the following morning, and did not. Police were called. I returned the moped, but the aquantance had a bad record, and I believe violated... Read more »

Steve Miyares
Steve Miyares answered on May 15, 2018

If your other rights were previously restored by the governor, then you may petition the Circuit Court in your jurisdiction for restoration of your firearm rights. I have handled several of these cases since Governor McAulliff reatored rights to many convicted felons a few years ago. You should... Read more »

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