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Virginia Juvenile Law Questions & Answers
1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Virginia on
Q: How do you change venue?

Custody juvenile court?

Michael Christopher Miller
Michael Christopher Miller answered on Oct 30, 2019

Are you changing venue as in moving from one county in Va. to another county? Or, are you changing to a new state?

If moving county to county, then Va. Code § 16.1-243(B) applies. "2. Custody and visitation: In custody and visitation cases, if venue lies in one of several cities or...
Read more »

2 Answers | Asked in Personal Injury and Juvenile Law for Virginia on
Q: My daughter tapped a boy with a pencil. He turned quickly, the pencil went into his ear causing injury. Who is liable?

This occured in school with witnesses who confirm the incident. The school teacher said it was a accident too. The boys parents want medical bills paid. Is this a reasonable request? If I pay, am I admitting that I am liable for medical bills and possibly a civil suit for pain and suffering?... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 23, 2019

I do not handle personal injury cases. Sorry.

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1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: My 16 year old son got caught with someone that had beer and weed on them what will happen

The cops just called for me to go pick him up

Paula Hough
Paula Hough answered on Jun 17, 2019

Was your son charged? If not, nothing will happen to him. If he was charged, you should reach out to an attorney for advice and a consultation regarding the charge(es). Both underage possession of alcohol and possession of marijuana are criminal misdemeanor charges.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: What's the best course of action for a reckless driving charge in VA?

17 year old driver, licensed in WV, supposedly clocked at 92 in a 70. Parent in car, clean driving record. Juvenile District Court.

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

Every court is different on how they treat 92 in a 70. Some courts give jail time, others convict and suspend the license but don't give jail, and many others will reduce with community service/driving school. Talk to an experienced traffic lawyer in the location where the offense was. Once you hit... Read more »

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: What are the concequences when a 15yr3mth old get caught and ticketed for driving without a license in VA?

A Va state trooper pulled him over for a broken tail light, then found out he was not old enought to even have a learners permit. He wrote him 4 tickets...driving without license, broken tail light, loud exhaust and no seatbelt.

How will this effect him getting his learners permit? Since... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 23, 2019

His case will be in the juvenile and domestic relations court in the jurisdiction where he committed the offenses. The main one to be concerned with is the driving without a license because that's a misdemeanor. Many judges would continue the case to let him get his permit and consider dismissing... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: im 17 & slapped a pregnant women , i now have a court date what might happen?
Bryan J. Jones
Bryan J. Jones answered on Dec 12, 2018

You will probably be put on probation and have to complete counselling and stay out of trouble.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Juvenile Law for Virginia on
Q: When a 14 year old gets arrested in the state of Virginia does the parent have to be present for the questioning?

Or Does the child have to ask for their parent or lawyer

Bryan J. Jones
Bryan J. Jones answered on Jun 6, 2018

The parent does not have to be present for questioning.

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Virginia on
Q: I'm 13 and want to live with my dad who lives down the street but my mom with full custody wont allow it....help?

He has wanted me to live with him for a while, i have a better relationship with him than my mom and step-dad. Those 2 abuse//hit me when there mad at me.

Wayne E. Holcomb
Wayne E. Holcomb answered on May 20, 2018

Hello. We would need to talk to your father I suppose. This is probably your only option right now. Hang in there.

1 Answer | Asked in Criminal Law, Traffic Tickets and Juvenile Law for Virginia on
Q: i was pulled over and found to have schedule IV substance and now i have a court date. i know that it is usually a

class 2 misdemeanor but i am a minor and this is my first offence so what are thew chances o me being jailed or fined and if so how long and/or how long

G. Rex Flynn Jr.
G. Rex Flynn Jr. answered on May 10, 2018

You should contact an attorney as soon as possible. An attorney would be able to assist you by getting all of the facts of your specific case and determining what bases there are to challenging the stop and search as well as any other possible defenses. After reviewing all of that information as... Read more »

1 Answer | Asked in Juvenile Law for Virginia on
Q: My daughter is 14 and got in to a fight with a girl at school she pulled one of her fake braids out of her head which

Has caused the girl to get two stables in her head so they are giving her a felony which is dropped down to misdemeanor only if she is good in school out of school no more fights til the next court date and also has to participate in programs then they will dropped the felony to me this punishment... Read more »

Steve Miyares
Steve Miyares answered on Apr 9, 2018

What is your question?

1 Answer | Asked in Family Law, Juvenile Law and Child Custody for Virginia on
Q: Can my daughter move out at 18 even if she's still in high school?

She wants to move in with a friend.

Michael Christopher Miller
Michael Christopher Miller answered on Feb 27, 2018

She can move at age 18 because she is an adult.

It would also terminate the obligation of child support. Even though she is still in high school, she would not be residing with the parent who would be receiving child support.

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: If someone has been charged with 15 felonies and 17 misdemeanors what's the likely punishment and can they get bond?

This person is a first time offender. Never had any charges at all, and was VERY cooperative with the police. He even turned himself in.

Bryan J. Jones
Bryan J. Jones answered on Feb 15, 2018

Getting bond would be difficult, but it really depends on what the charges are.

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: If someone got arrested with 15 felonies and the rest misdemeanors and it's their first offense.. can they get bond?

It's my husband's first offense, he has trespassing, conspiracy to commit breaking and entering contributing to the delinquency of a minor because a minor was with him grand larceny petty larceny propety damage

Susan Fremit
Susan Fremit answered on Feb 15, 2018

15 felonies? Reason not to get bond is that he may not show up for court or he’s a threat to the community. Hire a local experienced criminal defense attorney to increase the chances of him getting bond.

1 Answer | Asked in Adoption and Juvenile Law for Virginia on
Q: how do I give my fiance parental rights to my son?

my son's biological father isn't listed on BC and hasn't been involved with me since before my son was born

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 20, 2018

Adoption. The most preferred method would be an agreed step parent adoption. Biological father is entitled ot notice, and if biological father does not agree, you will need to have a child and prove that termination is in the child's best interest. These are hard cases, and mere abandonment rarely... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Virginia on
Q: What to expect at a GAL hearing

I already filed a petition for visitation and the guardian ad litem did my home review this will be separate from The Trial correct

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 1, 2018

It may or may not be a trial. There are any other number of things it could be including a "GAL review." Without reviewing your court documents, a lawyer cannot answer your question. My advice is to contact a lawyer immediately and schedule a review of your documentations to better understand your... Read more »

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: My daughter got charged as a minor for driving without a permit but will be 18 by her court date.(please read details).

My daughter got charged as a minor for driving without a license and past curfew. However she had her permit and is getting her license before her court date. What will happen to her license and how will she be charged ? What else do I need to know ?

Wilfred Yeargan
Wilfred Yeargan answered on Dec 15, 2017

Those are misdemeanor criminal charges. On a first offense in juvenile traffic court, I usually request that the judge defer the case for six months for dismissal with completion of a driver improvement course and good behavior. Contact an experienced juvenile traffic lawyer for advice. My office... Read more »

1 Answer | Asked in Civil Rights, Juvenile Law and Criminal Law for Virginia on
Q: I am a 20 year old Lesbian dating a 17 year old

we have consensually been together for 7 months and her parents found out. Her mother has threaten to call the police and file charges. If the relationship is consensual would those charges be filed and approved just for being bias? What is the most that could happen in this situation?

Bryan J. Jones
Bryan J. Jones answered on Dec 9, 2017

You could be charged with contributing to the delinquency of a minor. That's a class 1 misdemeanor. That's probably the most that would happen in this case, based on what you've said in the question.

1 Answer | Asked in Juvenile Law and Criminal Law for Virginia on
Q: If I am 17 and I want to get pregnant (18 before having the child) and he's 23, could my legal guardian press charges?
Bryan J. Jones
Bryan J. Jones answered on Oct 27, 2017

In Virginia, it's illegal for someone who's 18 to have sex with someone under 18. If the police found out, the 23 year old could be charged with a crime.

1 Answer | Asked in Juvenile Law for Virginia on
Q: Last weekend I moved my stuff out of my dads house. He is trying to take legal action, what can he do? (virginia)

I lived with my dad for a little over a year, and i moved out a few days ago, just took out the items that i use, and I had a key to the house, only me and 2 friends entered the house, and when i was done i left the key on the table and informed him about it.

Gary D. Godman
Gary D. Godman answered on Sep 27, 2017

He could request you return or compensate him for any items that he owned that were taken. If you're served with a lawsuit, talk to an attorney about what you did and didn't take, and whose stuff it was.

1 Answer | Asked in Juvenile Law for Virginia on
Q: My daughter and I are wanting to move out of state next summer. She is 16 yrs old. what do i have to do?

Her father and her dont really have a relationship, on her choice. For me, i have family down there and better job opportunities. There was a custody agreement filed 15 yrs ago, and hasnt been revisited since. He pays nothing and doesnt contribute for many years now. What steps do i need to take to... Read more »

Gary D. Godman
Gary D. Godman answered on Sep 27, 2017

Unless the court order says otherwise, every party in a custody case has to give at least 30 days' written notice to the court and the other parties of any intent to move. The other parent can then bring suit in court to challenge the move if they wish. Talk to a local family law attorney to... Read more »

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