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1 Answer | Asked in Civil Rights and Employment Law for Virginia on
Q: I had death in my family, I’m assistant manager for Freddy’s. Do I have to use my PTO or Bereavement leave?

This family member was very close to me. I don’t have sick time only PTO and my boss makes me use my PTO for days that I try calling out for. I thought no matter if your hourly or salary. You can still call out.

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry for your loss. In many companies, employees are entitled to bereavement leave, which is separate from PTO. This leave is specifically for taking time off after the death of a family member.

You should review your company's bereavement leave policy in the employee...
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1 Answer | Asked in Divorce, Social Security and Family Law for Virginia on
Q: Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits paid monthly

Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits I pay monthly?

Our divorce decree mandates I pay an equalization amount to her monthly along with 50% of my Govt Retirement. I believe she has not filed so I have to pay her from my... View More

James L. Arrasmith
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answered on Jun 15, 2024

Unfortunately, you cannot force your ex-wife to file for spousal benefits under Social Security. Social Security rules allow her to decide when to file for benefits, and there is no legal mechanism to compel her to do so. However, understanding your options can help you manage this situation.... View More

3 Answers | Asked in Real Estate Law for Virginia on
Q: Two brothers co-own a property in VA. What is the law when Brother #1 wants to sell and Brother #2 is reluctant?

If Brother #2 does not want to buy out Brother #1, what rights does Brother #1 have if he wants to sell?

Richard Sternberg
Richard Sternberg
answered on Jun 13, 2024

Either co-owner of the property can petition the court for sale in lieu of partition as long as the property isn't subject to partition. Partition is mostly an available remedy for farmland. The legal fees for the petition are, under Virginia Code, reimbursed from the proceeds of the sale by... View More

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3 Answers | Asked in Real Estate Law for Virginia on
Q: Two brothers co-own a property in VA. What is the law when Brother #1 wants to sell and Brother #2 is reluctant?

If Brother #2 does not want to buy out Brother #1, what rights does Brother #1 have if he wants to sell?

Dominic Paul Lascara
Dominic Paul Lascara
answered on Jun 13, 2024

Brother 2 should cooperate with Brother 1 and sell the property. If Brother 2 does not cooperate with Brother 1, Brother 1 can file a Suit of Partition to force the sale of the property and all fees and costs (title examiner, appraisal, etc, will be shared by the parties, generally.

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1 Answer | Asked in Criminal Law and White Collar Crime for Virginia on
Q: Under what circumstance is bail denied?

My lo is in jail serving his 18 month sentence. He is set to be released on 7/2. While in jail he got charged with another crime- Same crime. White collar crime. What is the likelihood of him getting a bond? Should I expect him to be released on 7/2. I have a lawyer for him and he is going to... View More

David G. Parker
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answered on Jun 13, 2024

He is entitled to a bond on the new charge unless a judge or magistrate finds by probable cause that: 1. He will not appear for trial or hearing or at such other time and place as may be directed, or 2. His liberty will constitute an unreasonable danger to himself, family or household members, or... View More

2 Answers | Asked in Real Estate Law for Virginia on
Q: Someone’s deed says they have the right to use my property. The deed has transferred 4-5 times. Do they?
Anthony M. Avery
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answered on Jun 10, 2024

If the alleged Easement is not in YOUR chain of title, then the adjoining owner probably does not have a ROW over you. A Prescriptive ROW may have occurred, or an implication may have created it. To be enforceable an Express Easement must be in the Servient Tenement's title, not the... View More

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2 Answers | Asked in Real Estate Law for Virginia on
Q: Someone’s deed says they have the right to use my property. The deed has transferred 4-5 times. Do they?
Dominic Paul Lascara
Dominic Paul Lascara
answered on Jun 11, 2024

To answer your question, an attorney would need to see both your Deed and subsequent deeds to the property along with the other parties' deed. The right to use someone else's property is generally considered an easement and that easement had to be created in a prior deed. IF the current... View More

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1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: If I have Primary custody of my daughter but share legal custody with every other weekend visitation with her mother

Is she allowed to vist her at school every week for lunch?

Daniel J. Miller
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answered on Jun 10, 2024

It will depend on if there are any restrictions in the custody order. There does not appear to be any legal restrictions that would prevent this. Virginia Code § 22.1-4.3 provides that unless a court order specifies otherwise, non-custodial parents shall not be denied the opportunity to... View More

1 Answer | Asked in Family Law for Virginia on
Q: How do I amend my birthdate on my marriage certificate
Daniel J. Miller
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answered on Jun 10, 2024

Virginia code § 20-16.1 authorizes the clerk or deputy clerk of a circuit court of any county or city to amend the record. The process will vary by county, for example Loudon county allows you to schedule an appointment with the clerk, whereas Fairfax county requires you to attend a court hearing... View More

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Virginia on
Q: A medical insurance claim was denied, can you help us with the appeal.

My mom suffered a stroke while visiting the US. We bought her a travel medical insurance before her travel dates, but the insurance claim was denied while she was in the hospital. We are trying to file an appeal against it as it falls under their clause "acute onset of preexisting... View More

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2024

A Virginia attorney probably advise best, but you posted last week, and time is of the essence in the matter you describe (the appeal). Don't lose time awaiting an offer of legal services on this forum - the format here is brief Q & A. It isn't set up like a referral service for... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: In Va what’s the laws regarding a person convicted and is a level 3 offender and has to register being around children

A person who is a level 3 offender and has to be on the sex offender registry their actual charge was murder of a baby under 2yrars old but my question is what is the law in regards to them being around other children?

Daniel J. Miller
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answered on Jun 6, 2024

A tier III offender will have lots of restrictions on their contact with children. They cannot have a residence within 500 feet of any daycare, school, or public park. They may also not loiter within 100 feet of any of those places as well as gyms if their purpose was to seek contact with children.... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: My commercial lease promised water and central heating and air in the building 6 months later owner refuses to install.

My contract promises the water and heating system but owners 6 months later still won’t install them or turn the water on.

Dominic Paul Lascara
Dominic Paul Lascara
answered on Jun 5, 2024

If your lease provides for water and a heating to be provided by your landlord and they refuse to install the system or water, it would be a clear breach of the lease and the landlord could be subject to damages. If you contact an attorney make sure you provide a copy of the executed Lease. Good... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: What obligations does a self storage facility have to the renter if his/her unit was burglarized?
Daniel P Leavitt
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answered on Jun 5, 2024

Did you have insurance? Do they? Check that first. In the absence of insurance there's probably a negligence standard to exercise reasonable care. You likely signed a contract that likely has a provision disclaiming liability. But you may want to retain someone to review the agreement to see... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Lease due to expire on June 8, 2024. I notified that i was moving out on my date of expiration and was told i have to pa

ay an additional month due to the "at least 60 day" notice which doesn't seem mandatory or legal. I gave them 30-day notice of moving out which is legally mandatory. I received no 60-day notification on or before my 60-day mark which leads me to believe that it was purposely done to... View More

Daniel P Leavitt
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answered on Jun 5, 2024

As long as they're able to re lease your unit (and they should be taking appropriate steps to re lease it) then they should not be able to collect that. But you're likely going to have to try to negotiate that I think... this is more of a landlord tenant issue. You may want to hire an... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I was driving I had wrong tags on my vehicle but the officer went to passenger side and asked my girlfriend for her name

She gave wrong name because she had a warrant she got arrested what cause did he have to talk to her

David G. Parker
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answered on Jun 7, 2024

Federal courts have ruled that, during lawful a traffic stop, an officer may ask passengers for their identification. They justified this by describing such requests as "minimally intrusive" and in the interests of officer safety. And so while we may disagree with this authority, it is... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: I was driving I had wrong tags on my vehicle but the officer went to passenger side and asked my girlfriend for her name

She gave wrong name because she had a warrant she got arrested what cause did he have to talk to her

Daniel P Leavitt
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answered on Jun 5, 2024

Generally the police don't need cause to ask questions. And you are free to refuse to answer questions. Although in certain scenarios you might face consequences for that such as vehicle accidents where there is a duty to provide some identifying information.

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1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Virginia on
Q: what are the stipulations of a capias order being recalled in circuit court
James L. Arrasmith
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answered on Jun 3, 2024

To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that... View More

1 Answer | Asked in Employment Law and Civil Rights for Virginia on
Q: Can a employer tell you who you can be friends with out side of the work place

My son in law is a manger of a garage and his employer is trying to get him to sign a paper that he can't be friends with a employee out side of the work place

James L. Arrasmith
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answered on Jun 3, 2024

No, an employer generally cannot dictate who you can be friends with outside of the workplace. Personal relationships outside of work are typically considered private and not subject to employer control, provided they do not interfere with your work performance or create conflicts of interest.... View More

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for Virginia on
Q: I am a patient at an OTP that has consistently refused to accommodate my disability.

I have pelvic floor dysfunction & a neurogenic bladder, both federally protected disabilities, which affect my ability to provide “on-demand” urine samples at my methadone clinic. For 5 years, they have refused to offer alternative testing methods. As a result, I’ve been forced to strain... View More

James L. Arrasmith
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answered on Jun 3, 2024

It sounds like you are facing a difficult and unfair situation at your methadone clinic. Given your federally protected disabilities, the clinic is required to provide reasonable accommodations under the Americans with Disabilities Act (ADA). This includes offering alternative testing methods that... View More

4 Answers | Asked in Bankruptcy, Consumer Law, Personal Injury and Real Estate Law for Virginia on
Q: Can I sue a firmer creditor for a lien on my new house? Chapter 7 was discharged in 2012.I just bought this home in 2019

I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.

James L. Arrasmith
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answered on Jun 2, 2024

You may have grounds to sue a former creditor for placing a lien on your new house, especially since your Chapter 7 bankruptcy was discharged in 2012 and the lien is affecting your ability to refinance or sell your home. A discharge in bankruptcy typically eliminates your personal liability for... View More

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