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Virginia Juvenile Law Questions & Answers
1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Virginia on
Q: So recently my gf parents got mad at me for having a sexual relationship when me and my gf were (15 M) & (14F)

I was wondering if that was illegal now that I'm 19 and she's 18 would I get in trouble for that?

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, it seems that when you and your girlfriend engaged in a sexual relationship, you were both minors under the age of consent in Virginia, which is 18 years old.

In this situation, even though you were close in age, the close-in-age exemption in...
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1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Virginia on
Q: What if a person older then a 15 year old have a sexual activity with a 14 year old is that considered illegal? in VA.
James L. Arrasmith
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answered on Apr 6, 2024

In Virginia, the age of consent is 18 years old. This means that an individual who is 18 years or older cannot legally engage in sexual activity with someone under the age of 18, even if the younger person agrees to it.

However, Virginia does have a close-in-age exemption, sometimes known...
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1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Virginia on
Q: Is it legal to have a sexual relationship when both are minors?
James L. Arrasmith
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answered on Apr 6, 2024

In general, sexual activity between minors may be illegal even if both parties consent, as they are below the legal age of consent. There are sometimes "close-in-age exemptions" that reduce or eliminate criminal charges if both parties are close in age, but the specifics depend on local... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Virginia on
Q: Can I get in trouble for talking to someone I shouldn't be talking to because they're threatening to call the police?

due to the fact that their parents don't like me spending time with them

James L. Arrasmith
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answered on Apr 4, 2024

It's important to understand that the specific legal consequences, if any, would depend on the details of the situation and the laws where you live. However, here are a few key points to consider:

1. Age of the individuals involved: If you and the person you're communicating with...
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1 Answer | Asked in Civil Rights and Juvenile Law for Virginia on
Q: Hi there, my name is Isaac. I'm fifteen years old, and I have some questions for you. Recently, I had a problem with my

Hi there, my name is Isaac. I'm fifteen years old, and I have some questions. Recently, I had a problem with my girlfriend's father because he discovered that I was seeing his daughter. He was upset about this and threatened to call the police and the school to shut me down. As a result,... View More

James L. Arrasmith
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answered on Apr 1, 2024

Hi Isaac, I'm sorry to hear you're dealing with this difficult situation. It sounds very stressful, especially at your age.

A few thoughts:

First, it's important to respect the wishes of your girlfriend's father, even if you disagree with them. Continuing to see...
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1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Libel & Slander for Virginia on
Q: My 16 yo daughter in NC is thinking about getting emancipated. I live two hours away in VA. Can I fight this?

My daughter lives with her dad in NC for the past 2 years. She lived with me in VA the 6 years prior. She moved there after we had trouble getting along and she got in a fight with her grandmother (my mom), where my daughter was very ugly and my mom slapped her. Child custody agreement states... View More

James L. Arrasmith
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answered on Feb 24, 2024

Navigating the situation involving your daughter's potential emancipation in North Carolina can be complex, especially given the dynamics involving her father, stepmother, and your history. It's crucial to prioritize your daughter's well-being and interests throughout this process.... View More

2 Answers | Asked in Family Law and Juvenile Law for Virginia on
Q: My boyfriend is abused at home, and my family wants to shelter him. Is there a way to legally do so while he is underage
T. Augustus Claus
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answered on Jan 10, 2024

If your boyfriend is experiencing abuse at home, it's essential to prioritize his safety and well-being. In Virginia, if a minor is facing abuse or neglect, the Department of Social Services (DSS) can intervene. You or your boyfriend can contact the local DSS office, and they will investigate... View More

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2 Answers | Asked in Family Law and Juvenile Law for Virginia on
Q: My boyfriend is abused at home, and my family wants to shelter him. Is there a way to legally do so while he is underage
James L. Arrasmith
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answered on Jan 10, 2024

I understand your concern for your boyfriend's safety. In Virginia, if a minor is experiencing abuse at home and needs a safe place to stay, there are options available. One option is to contact Child Protective Services (CPS) or the local Department of Social Services to report the abuse.... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: Can I be charged with any crime for leaving my 10 yr old alone for less than an hour ?

I let my 10 yr old stay alone in my hotel room for less than an hour.He left the room for a soda and locked himself out. He called me on his cell to let me know and I began heading back to him. He decided to ask the hotel lobby for a key and they called the police. Va does not have a minimum age... View More

Derek Allen Colvin
Derek Allen Colvin
answered on Jul 24, 2023

There is likely probable cause to charge you under Virginia Code Section 18.2-371 for rendering the child in need of supervision. There may be additional charges. It sounds like the charging decision is left to the discretion of the prosecutor in that jurisdiction. If charged, you should... View More

1 Answer | Asked in Family Law, Juvenile Law and Domestic Violence for Virginia on
Q: I want my minor girlfriend to live with me, would my parents get in trouble even if they don't care if she leaves or not

Basically my girlfriend has a really bad home life, she constantly goes hungry from lack of food, her mom is abusive emotionally and physically and her stepdad is a sick perverted man and she has no friends other than me and her one friend. My parents wouldn't mind if she lived with us but... View More

James L. Arrasmith
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answered on May 2, 2023

It is important to understand that laws regarding minors vary by state, and in many cases, a minor cannot legally leave their home without parental consent or a court order. If your girlfriend's home life is truly abusive and unsafe, it may be possible to seek legal options for her to leave... View More

1 Answer | Asked in Juvenile Law for Virginia on
Q: Can i (15 in a month 16) date a 23 year old legally? Im from the Netherlands and hes from Virginia.
Timothy Carignan
Timothy Carignan
answered on Jan 14, 2023

Most places do not have laws regarding dating; however, there are limits as to sexual contact. Typically, one cannot have sexual contact with an underage person (15-18, depending on the jurisdiction) if they are more than three years older.

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Virginia on
Q: If I was issued Emergency protective order in virginia and she was granted the box that is marked granting her the hous

If she was granted the house in an emergency protective order it says her name. The family of household member is granted possession of the exclusion of the respondent however no such Grant of possession shall affect title To any real or personal pro Property. If she is out of the state ono... View More

Faraji A. Rosenthall
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Faraji A. Rosenthall
answered on May 28, 2023

You should have a lawyer look at the actual protective order to be certain. That much said, if it gives her sole possession of the house, then you would be prohibited from going there - even if she is at work, or on vacation, or for any reason.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: Long story short, unauthorized use of a motor vehicle, speeding ticket, and out of state license

I am a minor, I got a speeding ticket for going 80 in a 35. I have court for that in 2 days from today. Today, I got the cops called on me for Unauthorized use of a motor vehicle. I want to know the punishments that could potentially happen

Jennifer Alettia French
Jennifer Alettia French
answered on Aug 16, 2022

You should seek counsel. 80 in a 35 is not simple speeding but rather reckless driving, a class 1 misdemeanor where the punishment can include jail time.

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: When convicted of a violent felony as a minor, how do you go about expunging your records? Is it automatic? (Virginia)

We are in virginia. my partner was convicted of a violent felony as a minor (he was 17 at the time). he just turned 21 this year, so we were curious if he would need to petition the courts to have the records sealed/expunged… or if this is something the state will do automatically?

some... View More

Susan Fremit
Susan Fremit
answered on Mar 14, 2022

A felony conviction in VA cannot be expunged. When a juvenile is convicted of a violent felony, under current law, it is never sealed, unlike the usual process for juvenile records.

1 Answer | Asked in Contracts, Criminal Law, Internet Law and Juvenile Law for Virginia on
Q: Can they take my daughter or me to jail for fraud

My daughter had an Instagram (made her delete it) she’s 16 and wants to become a model. Someone approached her saying they were a company, everything was pretty suspicious from what i saw. She said she was interested and filled out a form asking about measurements, phone number, address, model... View More

Steven Krieger
Steven Krieger
answered on Jun 1, 2021

A contract with a minor is usually unenforceable and it doesn't seem like a criminal violation if they gave her the money (as opposed to her stealing the money). If she's contacted by law enforcement, reach out to a lawyer ASAP. I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Family Law and Juvenile Law for Virginia on
Q: We live in Virginia but my daughter who is 171/2 want to live with a friend in Alabama. Is this legal with my permission
Sonja Aoun
Sonja Aoun
answered on Apr 14, 2021

You will need to find out whether this arrangement is permissible in Alabama. As her parents, under Virginia law, you are still responsible for her and required to support her financially. If she wishes to ask a court in Virginia for emancipation, she could do so if she meets the criteria. Then... View More

2 Answers | Asked in Criminal Law, Domestic Violence and Juvenile Law for Virginia on
Q: Can your mom send you a trespassing notice and have you arrested if you go near her property?

My parents are separated and going through a legal divorce. After my mom cheated on my dad and moved in with her boyfriend she and her boyfriend who has a criminal record have been threatening me and my little siblings. She recently sent a trespassing notice to my family saying we could not be near... View More

Susan Fremit
Susan Fremit
answered on Feb 28, 2021

Since your sent you a no trespassing notice and you acknowledge receipt of that notice by tearing it up and throwing it at the front door of where she lives, she can now call the police, if you go on her property, and have you charged with the criminal misdemeanor of trespassing. She can also look... View More

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1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: Reckless driving failure to maintain control ticket in Middlesex, VA. What should I do before/expect from JDR court?

I'm 16 and got my license like 3 weeks ago. Was following a cousin down a road i didnt know, speeding ~10/15 over limit and took a turn too fast and crashed. No one was hurt, car was totaled, and sherriffs said they wouldn't have written me up for it but had to call a state trooper (i... View More

Daniel P Leavitt
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answered on Oct 25, 2020

You should have a lawyer represent you to help get it dismissed. Driving school goes both ways. Some judges get mad if you do it before and some don't want the reason as voluntary. A lawyer who goes to that particular court will know the local rules. A good lawyer will know there is a... View More

3 Answers | Asked in Family Law, Juvenile Law and Landlord - Tenant for Virginia on
Q: Are their any laws that prevent a parent of an 18 year old from going to see their lover or friends

Also are there any laws that prevent a toxic, controlling parent from controlling an 18 year old’s life

F. Paul Maloof
F. Paul Maloof
answered on Jun 29, 2020

I regret that I do not handle family law or juvenile law cases. Sorry.

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1 Answer | Asked in Family Law and Juvenile Law for Virginia on
Q: Can ex get an order in state of VA prohibiting fiancé to move in?

We have been separated for 8 months joint custody of 2 kids. Agreement says we will not interfere in the others life and live as though we were never married. Can he obtain such an agreement and can I fight it? Fiancé is a great man and loves my kids.

James D. Williams
James D. Williams
answered on Jun 29, 2020

The agreement appears to just say that you and the ex are living as you two, specifically, are not married to one another. It's not requiring that you live unmarried, most likely, and if it is, then it's probably invalid.

If there is a custody order from the court where the...
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