Get free answers to your legal questions from lawyers in your area.
Can I keep my son away from him even of he's found innocent? I have final say in the custody agreement.
answered on Dec 3, 2024
Grandparents do not have automatic visitation rights in Virginia. They must petition the court if they are being denied visitation by the child's parent. I would think that such a petition would fail, given the charges against him. The legal standard in a criminal case is different, and so an... View More
We closed on a new home mid July. We allowed the sellers to stay in the house until September. Upon moving a piano the movers severely damaged the floors. Estimates that we have received by hardwood floor companies state in order to restore the floor to what it was requires complete replacement.... View More
answered on Nov 15, 2024
Unless you hired the movers, you have no privity with them. Your entire claim is with the Sellers. How much they collect from the movers is their business.
This is one of many, many reasons that most lawyers and title agents don't like leasebacks. If you aren't ready to close,... View More
I'm wondering if they violate the 2020 law that was passed regarding trigger activators. The device doesn't explicitly use the recoil energy of the firearm to function the same way a bump stock does, but does use the rearward bolt movement of it to function. I asked the state police but... View More
answered on Nov 12, 2024
Litigation at the federal level regarding forced reset triggers seems to be ongoing. The latest ruling I could find is from Texas, where a federal district court ruled against the ATF this summer regarding seizure of these devices. In Virginia, the closest controlling statute I could find is §... View More
I live 10 minutes away from my school. I’m going to park in a neighborhood that my friend lives in and infront of there house so I can avoid traffic. I have permission to park infront of there house but there is a sign that says “2 hour parking Monday-Friday 9-2PM” across from his house on an... View More
answered on Nov 11, 2024
The Henrico County Code of Ordinances governs these situations, but is vague about signage. The Ordinance refers to parking being prohibited simply in "any place where official signs prohibit parking" and so it's guesswork without knowing the area and how the signs appear. Do any... View More
When we bought our property we did a title check to make sure there were no restrictions with the property, come to find out there seems to be an easement that was filed with the county a year after we had bought it. however it seems to have been drafted months before we bought the property, do we... View More
answered on Nov 6, 2024
Hire a VA attorney to search the title, and examine closely that recorded easement. If easement is for road improvement or maybe an underground utility system, probably no damages. Title companies rarely have a duty to anyone, but might get hit for negligence (again doubtful). Have an... View More
Do we both get in trouble? Do I get in trouble? Or Do he just get in trouble because of the threats.
answered on Nov 11, 2024
You can act in self-defense in certain situations. Whether you committed a crime will depend on a number of factors, including the nature of the threats against you and his behavior in the moments before he was struck by your vehicle. It's not clear from your post whether anyone has been... View More
No house or vehicles. Just furniture, life insurance worth $60,000, bank account approx $3,000, liabilities approx $3,000. I am one of three executors in South Africa, Ireland, and the US respectively. One of us will be travelling to the US at whenever seems the best time.
answered on Nov 1, 2024
My condolences on the passing of your friend or family member. One of the primary purposes of creating a revocable living trust is that the trustmaker can dispose of assets upon his/her death and avoid probate. In order to successfully by pass probate, (1) the trust must have been valid and (2)... View More
answered on Oct 31, 2024
Merely having been accused of something that has since been expunged should not disqualify you from possessing, purchasing, or transporting a firearm in Virginia. If you had received a felony conviction, you would want to get your firearm rights restored before attempting to possess or purchase an... View More
answered on Nov 1, 2024
This sounds like a speeding camera ticket. For these, no points are assessed against your driver's license and no report is made to the DMV or your insurance provider; however, they are still allowed to demand that you pay a civil penalty. To be sure, you could consult with a lawyer in your... View More
“This offer is fully contingent upon on a formal survey and the buyers being satisfied with the boundaries”.
answered on Oct 29, 2024
It is important to read the clause in the context of the entire document, but if you have a completely discretionary right to satisfaction and you are satisfied, that might be quite useful. Consult counsel licensed in the appropriate jurisdiction and familiar with local contracts and customs, and... View More
“This offer is fully contingent upon on a formal survey and the buyers being satisfied with the boundaries”.
answered on Oct 30, 2024
That sounds like you have alot of discretion on accepting the surveyed corners or not. However if you notify the seller of non-execution, then he can still sue you for specific performance. In Court you would test your lack of satisfaction. But such a suit is usually unlikely.
On September 3 we realized that our bank account had dropped in value by more than expected through our normal use of the account. Our research showed that more than $40,000 had been taken by unauthorized users (almost 50 based on our understanding of PNC account statements) over a period of... View More
answered on Oct 29, 2024
If you are the victim of theft or fraud you should report the situation to your local law enforcement agency. If they take no action, you can follow up by trying to meet with the local Commonwealth's Attorney's Office. As far as civil litigation goes, yes there is potential liability.... View More
No transcripts were received with my FOIA request from the court. The company who has the transcript quoted cost of $600. As the victim in this case, are any options available to obtain a copy for free?
I later sent this to the court:"Virginia Law § 19.2-165,The reporter or other... View More
answered on Oct 30, 2024
Unfortunately, FOIA involves the requesting party having to pay for the reasonable costs of production. Additionally, the statute you cite includes the following language: "Upon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable... View More
The divorce paper specifies the property will be dealt with at a later date ( divorces in Arlington Virginia). We never intended to do this however the ex husband is dying ( he currently resides in France) he wishes to use this divorce to give me everything in a settlement which could be added to... View More
answered on Oct 29, 2024
In this matter, it is also necessary to take into account the location of the property. As a general rule, it is possible to apply to the court for the division of the property of former spouses only within the statute of limitations, which may differ depending on the jurisdiction, but is usually 3... View More
We have rented the house we live in since 2014. Every thing went well no issues fast forward to 2020 and a guy came to our house stating he had owned the house since 2018. He got it at auction because the previous owner had failed to pay property taxes from 2016 on. To make a long story short they... View More
answered on Oct 26, 2024
First, I congratulate you for saving the money until the mess was straightened out. I've seen too many instances that wasn't done. The only change to that is I'd have suggested you open a special savings account and put your rent into it each month - if you ever had to prove your... View More
answered on Oct 25, 2024
Attendance requirements are governed by Virginia Code § 22.1-254. There should be a process with the local school board by which a student can officially withdraw from school even without parental involvement (if the student has reached the age of 18). Dropping out of school is not recommended, of... View More
I have a family member who is having a mental breakdown and has been continually harassing my pregnant wife and I with hurtful messages over the last few weeks. This individual continually insulted us through social media and phone over the last few weeks, and even tried to contact me from a... View More
answered on Oct 23, 2024
As you indicate, there is no evidence that would establish an apprehension of physical harm; however, it sounds like this person is returning to your residence uninvited. Accordingly, trespassing may be an avenue to keep him away from your home. Just be sure to comply with notice requirements as... View More
answered on Oct 23, 2024
In 2014, yes. As of 2021, the Virginia Code was amended to label a number of traffic infractions "secondary violations" which, standing alone, do not justify a traffic stop. But this new rule is not retroactive to traffic stops from 2014.
answered on Oct 22, 2024
Generally a charge is either nolle prossed (decline to prosecute) or dismissed. Those often do show up on background checks. You can likely get the record expunged depending on how it precisely was dismissed or dropped... sometimes you cannot expunge them. You might want to find out if you can get... View More
I passed a school bus that was pulled to the side of the road at an entrance road. It had hazards and the yellow warning lights but no red lights and no arm deployed. Another school bus in between us passed in the same manner as I did. After that bus passed I waited a second or two and the stopped... View More
answered on Oct 25, 2024
Yellow warning lights begin to deviate from their intended purpose if they're left on indefinitely. I have seen this behavior before from some school bus drivers and it is a problem for other motorists who have to decide how to proceed. It sounds like you took reasonable precautions before... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.