Virginia Questions & Answers

Q: My ex-spouse was ordered to pay child support for my two children of 682.00 monthly. My son will be 18 in June.

1 Answer | Asked in Child Support for Virginia on
Answered on Oct 22, 2018
Sharon R. Moss' answer
Child support is calculated based on each parents gross monthly income, cost of health insurance for the children, and cost of any work related child care, so these numbers would be necessary to determine the amount of guideline child support.

Q: My nephew is under the care of his great grandparents. I want to petition for custody

1 Answer | Asked in Adoption and Child Custody for Virginia on
Answered on Oct 22, 2018
Sharon R. Moss' answer
As a relative you have standing to file a petition for custody in the Juvenile and Domestic Relations Court in the county where the child lives. The court will make a custody determination based on the best interests of the child. Speak to an attorney for more specific advise on your situation.

Q: i pressed charges against my boyfriend for assualt and battery and strangulation the common wealth wont let me drop it

1 Answer | Asked in Criminal Law for Virginia on
Answered on Oct 21, 2018
Daniel P Leavitt's answer
It is up to the Commonwealth to drop it or not but this situation is pretty common.

Q: If I violated terms of probation for drugs can probation officer Place me in drug rehab instead of me going back to jail

1 Answer | Asked in Criminal Law for Virginia on
Answered on Oct 21, 2018
Susan Fremit's answer
It is the court, not probation, who has the authority to decide rehab instead of jail is appropriate.

Q: How accurate are breathalizers? Is there any way to challenge the results in court?

1 Answer | Asked in DUI / DWI for Virginia on
Answered on Oct 20, 2018
Daniel P Leavitt's answer
You can challenge them to some extent. The department of forensic sciences maintains records on the machines and an attorney can get access to recent tests. But challenging them is fairly technical. The machines are also making assumptions that may or may not be true regarding your body's blood alcohol content based on your breath alcohol. So there are issues with these machines.

Q: Calling USCIS while waiting for a green card.

1 Answer | Asked in Immigration Law for Virginia on
Answered on Oct 19, 2018
Daniel P Leavitt's answer
It is hard to imagine why calling someone to inquire about tracking would negatively impact delivery. Good luck!

Q: My LL wants to renovate the building I am living in. Is it his duty to provide me with another residence? Year lease.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Oct 19, 2018
F. Paul Maloof's answer
Landlords renovate buildings all the time. There is no duty for the landlord to provide alternative accommodations unless the renovations make the premises uninhabitable.

Q: How long can a landlord hold a security deposit after I have moved out no money is owed for anything its been 48 days

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Oct 19, 2018
F. Paul Maloof's answer
Under the Virginia laws, a Landlord is required to submit an itemized statement of deductions from the security deposit within 30 days after possession of the premises is returned by the tenant to the landlord. The landlord is then required to pay whatever the amount of the security deposit to the tenant within 45 days after possession of the premises is returned by the tenant to the landlord. If the landlord did neither, the landlord is in breach of the lease. The tenant can file suit in the...

Q: Can a family law judge make my husband testify under oath whether we cheated on me?

1 Answer | Asked in Divorce for Virginia on
Answered on Oct 19, 2018
Sharon R. Moss' answer
In Virginia adultery is still a crime, so your husband would have the right to assert his 5th amendment privilege against self-incrimination. A judge could not make him state whether or not he committed adultery.

Q: as A witness in a case do I have to provide dna in va?

2 Answers | Asked in Criminal Law for Virginia on
Answered on Oct 19, 2018
Susan Fremit's answer
Only those convicted of committing a felony, and after July 1st, certain misdemeanors, must provide a DNA sample, but not witnesses.

Q: I have MS and a number of physical disabilities.... however....the man who lives in the same home with me stomped me .

1 Answer | Asked in Personal Injury for Virginia on
Answered on Oct 18, 2018
Peter Munsing's answer
You should contact a Legal Services office to find out if there is a disabilty rights center in your state. You should contact the police and make the statement.

Q: How many points off your license for, disregarding highway sign. 26.2-830

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Oct 17, 2018
Daniel P Leavitt's answer
If you are licensed in Virginia that's 3 demerit points under 46.2-830. A lawyer might be able to help you get it reduced or dismissed

Q: I got a speeding ticket 50/35. There was no sign on my side dropping speed from 45 to 35? Do I have a case?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Oct 17, 2018
Daniel P Leavitt's answer
There has to be a posted sign putting you on notice of the change. I'd try to document it somehow if there is not a posted sign by traveling the same route to verify.

Q: Can I go to jail for cat at large ticket in Chesapeake va

1 Answer | Asked in Criminal Law for Virginia on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
You will likely want to talk to a Chesapeake attorney who has done animal control cases.

Q: And they had been in the car searched it again and took the purse how can they leave what was supposed to be evidence

1 Answer | Asked in Criminal Law for Virginia on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
I sense that this is part of a larger fact pattern and only a partial set of facts came through with this submission.

Q: Can I get a restraining order on my ex's girlfriend?

1 Answer | Asked in Criminal Law for Virginia on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
In my experience restraining orders are granted or denied based on individual judges but they tend to focus on the threat. I don't think most of the judges I am in front of would grant a restraining order under these circumstances but if you feel threatened then you should seek advice from a local attorney where this is happening to see what they recommend as it may be different where you live.

Q: If a person threatens to kill someone and a couple hours later murders them. What degree should they be charged for

1 Answer | Asked in Criminal Law for Virginia on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
Here is a good resource for you:

https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-31/

This defines capital murder in Virginia.

Q: If you fire your public defender because they are not doing what you ask them to do can you get another public defender

2 Answers | Asked in Criminal Law for Virginia on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
Appointing lawyers is within the discretion of the court so it is up to the court. There is a legal standard though for appointing and removing lawyers and lawyers have discretion on many (but not all) trial decisions. So I have seen many defendants request a new lawyer and the judge will question them on specifics and many times deny the motion to appoint a new lawyer. But if your lawyer is not communicating with you and does not appear to be mounting a vigorous defense then that would have...

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