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Virginia Questions & Answers
1 Answer | Asked in Consumer Law, Business Formation, Business Law, Intellectual Property and Trademark for Virginia on
Q: Business name registered as a LLC with the state is it illegal for someone in the same state as me?

I have sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I... View More

James L. Arrasmith
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answered on Mar 15, 2024

If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell... View More

1 Answer | Asked in Criminal Law, Tax Law and Employment Law for Virginia on
Q: Can I put a suite on a employer who illegally changed my federal and state w4 (year 2016) which enabled me to get refund
James L. Arrasmith
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answered on Mar 14, 2024

If your employer illegally altered your federal and state W-4 forms without your consent, leading to a situation where you were unable to receive a tax refund, you may have grounds for taking legal action. Such actions by an employer can have serious implications for your finances and legal... View More

1 Answer | Asked in Family Law for Virginia on
Q: if a couple both own their own house, pay their own bills, what considers them living together?

so both couples have their own homes and bills, they stay together about 85% of the time which is split between the 2 homes. what considers them living together by law?

James L. Arrasmith
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answered on Mar 14, 2024

The legal definition of "living together" or cohabitation varies by state and depending on the context (such as for tax purposes, government benefits, or legal proceedings). In general, factors that may be considered when determining whether a couple is living together include:

1....
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1 Answer | Asked in Immigration Law for Virginia on
Q: Can I bring my wife while my I-485 pending?
James L. Arrasmith
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answered on Mar 13, 2024

If you are a U.S. permanent resident applicant with a pending I-485 (Application to Register Permanent Residence or Adjust Status), your spouse may be eligible to join you in the United States. However, the process and timeline depend on various factors:

1. If your spouse was included as a...
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1 Answer | Asked in Civil Rights for Virginia on
Q: What recourse do I have when a charge was dismissed, then directly indicted, then dismissed again?

I have been told the prosecutor has immunity. I lost a year of my life because of her malicious prosecution. Is there anything else I can do?

James L. Arrasmith
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answered on Mar 11, 2024

In cases where a prosecutor has brought charges against you that were subsequently dismissed, it can be difficult to seek recourse due to the doctrine of prosecutorial immunity. However, there are a few potential avenues you could explore:

1. Malicious prosecution lawsuit: While prosecutors...
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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Virginia on
Q: How can I please know if Go and Glow Tanning Co. DC based (Navy Yard Area) we service DC, Arlington, Alexandria, Falls,

is copywrighted or trademarked

James L. Arrasmith
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answered on Mar 11, 2024

To determine if "Go and Glow Tanning Co." is trademarked or copyrighted, you can follow these steps:

1. Trademark Search:

- Visit the United States Patent and Trademark Office (USPTO) website: https://www.uspto.gov/

- Click on "Trademarks" and then...
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1 Answer | Asked in Divorce, Social Security and Family Law for Virginia on
Q: I was married 26 yrs and was not on the loan. I got ssi in 2020 . We sold house 2021. Earnings from sale affect ssi?
James L. Arrasmith
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answered on Mar 8, 2024

When you're receiving Supplemental Security Income (SSI), it's important to understand how changes in your financial situation can impact your benefits. SSI is designed to help individuals with limited income and resources, and the Social Security Administration (SSA) takes into account... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: My husband lives in Philadelphia and served with divorce papers. I live in Virginia. He is retired military! I want ever

I want everything that is available to me. Do I have to get an attorney from Philadelphia

Jordan A. Fanney
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answered on Mar 8, 2024

I do not have enough information to give a good answer to this question. I would need to know where the divorce was filed. Was it filed in Virginia or Pennsylvania? If it was filed in Virginia, then hire a Virginia lawyer. If it was filed in Pennsylvania then hire a Pennsylvania lawyer. If the... View More

1 Answer | Asked in Employment Law for Virginia on
Q: For KinderCare Virginia Fairfax county area are workers given pay during training? Was told by co-workers otherwise.

My wife started working at a Kindercare and while in training was informed by co-workers that the time during her training on campus was not paid. She has been doing her time sheet and clocking in at 0930. Is this legal in Virginia Fairfax area? To be at work during training but not be paid for the... View More

James L. Arrasmith
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answered on Mar 8, 2024

In Virginia, and indeed across many jurisdictions, the law typically requires that employees be paid for training time if the training is mandated by the employer and is directly related to the employee's job. The Fair Labor Standards Act (FLSA), which sets out minimum wage and overtime... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Just got info of my husband’s infidelity. Can I confront him?

Pictures and videos from last years of our marriage. How do I handle this?

Karen  Ulmer
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answered on Mar 7, 2024

Infidelity is something that can cause the breakdown of a marriage. You do not say if you are seeking a divorce or what the reason is that you want to confront him so it is difficult to answer your question, however, you can always discuss your issues and concerns with your spouse. I am sorry for... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: I am inquiring if my spouse filed for divorce, as I have not heard from or seen him in years.
Jordan A. Fanney
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answered on Mar 6, 2024

If you last lived together in Virginia, you can go to the following court website to see if a divorce has been filed https://eapps.courts.state.va.us/CJISWeb/circuit.jsp You will want to go to the circuit court where you live and, if different, where you last lived together. You can check... View More

1 Answer | Asked in Probate for Virginia on
Q: Can any of the surviving children take step mother to court during probate in Virginia?

A man and a women get married, joining each other with 1 child each from a previous marriage. Together they have 1 child together. Over 30 years pass and the mother dies suddenly without a will. Father gets everything. Father remarries someone from a foreign country, she has two adult children and... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Mar 6, 2024

First of all, if the first wife in your questions dies without a will in Virginia, the laws of intestate succession govern the distribution of her probate assets. In this case, the husband would receive one-third (not including potential spousal claims) and all of the children of the wife would... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Virginia on
Q: The city I live in charge $48 for garbage pickup 1t week. I can not opt out but a business can? Is that discrimination

Fee is unreasonable for such service. Are fees regulated anywhere?Also includes brush pickup 1 t week. City many times fails to do? Can I subtract from my bill?

James L. Arrasmith
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answered on Mar 4, 2024

The fees for garbage and brush pickup services, as well as the policies regarding who can opt out, are typically determined by local government regulations. The ability for businesses to opt out of such services while individuals cannot may be based on different service needs or contracts between... View More

1 Answer | Asked in Estate Planning for Virginia on
Q: Can an executor refuse to speak with a beneficiary with their own attorney?

My dad passed and his attorney is now the executor of his estate. This attorney was having private conversations with one of my sisters and not sharing information equally. I told him I'd retained an attorney of my own and now he won't speak to me at all. Said he legally can't speak... View More

Richard Sternberg
Richard Sternberg
answered on Feb 28, 2024

Sometimes, lying is its own reward. The lawyer is not allowed to communicate with a represented client without the permission of the other lawyer. Since you don't have a lawyer, he can't ask for permission. He probably doesn't want to anyway, since he's responsible for keeping... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Can I get a divorce after a year of separation if we lived in the same house for the year of separation in Virginia?

We are sleeping separately in different rooms.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 28, 2024

In the case of Bchara v. Bchara, the Virginia Court of Appeals recognized that a husband and wife could live separate and apart under the same roof. The inquiry for a particular separation is fact specific. The concept of a separation under the same roof is not universally accepted throughout... View More

1 Answer | Asked in Government Contracts, Landlord - Tenant, Public Benefits and Personal Injury for Virginia on
Q: I lived in a government housing project and pretty much the whole time I did I had to endure and suffer the reprecussion

Of Black Mold growing and thriving in certain damp spots of the apartment along with other numerous things that I just let slide because of my situation and things I could do about it at the time. Is there anything I can do to result in my benefit?

Seth E Allen
Seth E Allen
answered on Feb 27, 2024

In Virginia, you can file a tenant's assertion asking the landlord to make certain repairs if it is a material non-compliance with the lease, a violation of law, a fire hazard, or a serious threat to the life/health/safety of the tenant if not promptly treated. There are things you have to do... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: should I fight a failure to yeild ticket when other driver was a minor with permit and mother, he never breaked.

turn in to my drive way, left turn and I was turning in front of him, there was a far distance then all of a sudden very close to me, he never touched breaks and no break marks on road. I think he was speeding and might have been able to react better. I know I got the ticket but not sure if I... View More

David G. Parker
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answered on Feb 26, 2024

If it were me, I would appear if possible. A judge has options for reducing or even dismissing a ticket like this. An amended charge of improper driving (only 3 demerit points) or even dismissal with completion of a driver improvement clinic might be possible depending on the circumstances of the... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Q: convicted of a non violent felony that was then dropped to a misdemeanor

would i still be able to own a gun if it was dropped to a misdemeanor

James L. Arrasmith
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answered on Feb 25, 2024

While your felony charge being dropped to a misdemeanor is a positive development, it's important to understand that federal law still prohibits individuals convicted of any misdemeanor crime of domestic violence from possessing firearms. Additionally, state laws regarding firearm ownership... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Q: convicted of a non violent felony that was then dropped to a misdemeanor

would i still be able to own a gun if it was dropped to a misdemeanor

Seth E Allen
Seth E Allen
answered on Feb 26, 2024

It really does depend on what you were charged with. Most misdemeanors do not result in the loss of firearm privileges, while some do (most commonly domestic violence convictions). It's also important to know that if a protective order was issued against you as part of your conviction, that... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Good morning-can I reestablish a patent that I submitted to the patent office?

patent number-420070276359

James L. Arrasmith
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answered on Feb 25, 2024

Once a patent has been submitted to the patent office and granted a patent number, it typically cannot be reestablished. The patent office grants patents based on the novelty, usefulness, and non-obviousness of the invention at the time of submission. If your patent application was rejected or... View More

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