Virginia Questions & Answers by Practice Area
- Bankruptcy
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- Child Support
- Civil Litigation
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- Education Law
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- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
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- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
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- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
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- Sexual Harassment
- Small Claims
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- Uncategorized
- White Collar Crime
- Wrongful Death
Virginia Questions & Answers
Q: So is it illegal to try to be friends with a minor? And send pictures that are non sexual just face pictures?
Bernard Crane's answer
How old was the minor, and is the gender the same or different as yours? If we are talking about a 17 year old girl and you are a 19 year old guy, and there was nothing sexual and it was all above-board, you are probably OK. If this was a 12 year old boy or girl and you are over 20, you are probably not in a very good a situation. Either way, you should not have any further contact with the minor, OR with the parents. I wouldn't give them anything, or take their calls either.
How old was the minor, and is the gender the same or different as yours? If we are talking about a 17 year old girl and you are a 19 year old guy, and there was nothing sexual and it was all above-board, you are probably OK. If this was a 12 year old boy or girl and you are over 20, you are probably not in a very good a situation. Either way, you should not have any further contact with the minor, OR with the parents. I wouldn't give them anything, or take their calls either.
Q: If I transfer SSI to Florida but get violated on misdemeanor probation in Virginia afterwards will I still get SSI in Fl
Bernard Crane's answer
This is a benefits questions, not a criminal law question. Your SSI benefits will get cut off IF you are revoked and incarcerated. You don['t get cut off for having a criminal conviction or revocation. You get cut off if you are no longer on the street, and no longer need the benefits to survive. You can apply to have the benefits reinstated again after you are released.
This is a benefits questions, not a criminal law question. Your SSI benefits will get cut off IF you are revoked and incarcerated. You don['t get cut off for having a criminal conviction or revocation. You get cut off if you are no longer on the street, and no longer need the benefits to survive. You can apply to have the benefits reinstated again after you are released.
Q: If i get a speeding ticket in MD (85 on 55) will that be transferred as RD and Criminal offense in VA driving record?
Daniel P Leavitt's answer
MD law will determine if it's considered reckless or a misdemeanor, but I'm pretty sure it's not. It should come in as speeding 20 mph or more which is still a 6 demerit point violation just like reckless.
MD law will determine if it's considered reckless or a misdemeanor, but I'm pretty sure it's not. It should come in as speeding 20 mph or more which is still a 6 demerit point violation just like reckless.
Q: I have a judgement from July 2011 and was granted a discharge in December 2011. How do I get the judgement off my file?
Robert R Weed's answer
Sorry I don't know if the problem is that the judgment shows on your credit report, or that the judgment is attached to real estate you owned in July 2011 that you still own.
Sorry I don't know if the problem is that the judgment shows on your credit report, or that the judgment is attached to real estate you owned in July 2011 that you still own.
Q: Is it necessary to file for Divorce in VA if Marriage Certificate was not filed with court within 30 days of ceremony?
James H. Wilson Jr.'s answer
Virginia's public policy favors marriage and the validity of marriage in the Commonwealth. As such, Virginia has several curative statutes that may validate imperfect marriages. In addition, a party who questions the validity of a marriage may file a suit to determine the validity of the marriage or affirm the marriage under Virginia Code Section 20-90. Any putative spouse questioning the validity of a marriage should consult with an experienced Virginia matrimonial lawyer to discuss how...
Virginia's public policy favors marriage and the validity of marriage in the Commonwealth. As such, Virginia has several curative statutes that may validate imperfect marriages. In addition, a party who questions the validity of a marriage may file a suit to determine the validity of the marriage or affirm the marriage under Virginia Code Section 20-90. Any putative spouse questioning the validity of a marriage should consult with an experienced Virginia matrimonial lawyer to discuss how...
Q: Can a life estate be granted to income through a premarital agreement?
James H. Wilson Jr.'s answer
Virginia has a premarital agreement act in Chapter 8 of Title 20 of the Code of Virginia. Under Virginia's premarital agreement act the fiances may address almost any legal issue arising from the marriage, including estate planning as follows:
Virginia Code § 20-150. "Content of agreement.
Parties to a premarital agreement may contract with respect to:
1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and...
Virginia has a premarital agreement act in Chapter 8 of Title 20 of the Code of Virginia. Under Virginia's premarital agreement act the fiances may address almost any legal issue arising from the marriage, including estate planning as follows:
Virginia Code § 20-150. "Content of agreement.
Parties to a premarital agreement may contract with respect to:
1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and...
Q: I want my marriage to end. My husband is mentally and physically abusive. He will not leave. He had stolen items he gave
James H. Wilson Jr.'s answer
A spouse may file immediately in Virginia for a divorce from bed and board on grounds of cruelty or reasonable apprehension of physical harm, or desertion and abandonment. The pendente lite or temporary relief available after such a case is filed can include a protective order, exclusive possession of the marital residence, spousal support, and the payment of attorney's fees and costs to carry on the case. After a year of separation, the spouse may ask for a divorce from the bond of...
A spouse may file immediately in Virginia for a divorce from bed and board on grounds of cruelty or reasonable apprehension of physical harm, or desertion and abandonment. The pendente lite or temporary relief available after such a case is filed can include a protective order, exclusive possession of the marital residence, spousal support, and the payment of attorney's fees and costs to carry on the case. After a year of separation, the spouse may ask for a divorce from the bond of...
Q: What is the first step to modifying a current support order?
Michael Christopher Miller's answer
Making sure one has a material change of circumstances that would warrant a modification.
Then, asking the other side if they would cooperate with modifying the order.
Making sure one has a material change of circumstances that would warrant a modification.
Then, asking the other side if they would cooperate with modifying the order.
Q: Garnishment Hearing
F. Paul Maloof's answer
At a garnishment hearing, the court will hand over any checks received from the employer. If the employer does not provide any checks, you can ask for a Rule to Show Cause. The employer and/or the defendant do not have to appear at the hearing.
At a garnishment hearing, the court will hand over any checks received from the employer. If the employer does not provide any checks, you can ask for a Rule to Show Cause. The employer and/or the defendant do not have to appear at the hearing.
Q: If I have a car that I have repaired in my shop and the customer doesn't come and pay bill.
1 Answer
| Asked
in
Business Law, Civil Litigation, Consumer Law and Small Claims
for
Virginia
on
Answered on Dec 13, 2018
Answered on Dec 13, 2018
F. Paul Maloof's answer
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.
Q: Can public schools start the day with a "prayer-like" service? They claim to be honoring the US, but it's sketchy.
Jay Braddock Jackson's answer
There is really not enough information in your question. In Virginia, school officials may not impose prayers or organize prayer events, Additionally, a school's public meeting space or school auditorium may not be turned into a local church for religious celebrations.
The First Amendment protects the idea of prayer in public schools, but it also prohibits doing so in a way that can make anyone feel excluded. Students absolutely have the right to express their religious beliefs, but the...
There is really not enough information in your question. In Virginia, school officials may not impose prayers or organize prayer events, Additionally, a school's public meeting space or school auditorium may not be turned into a local church for religious celebrations.
The First Amendment protects the idea of prayer in public schools, but it also prohibits doing so in a way that can make anyone feel excluded. Students absolutely have the right to express their religious beliefs, but the...
Q: My father was recently hospitalized with severe hydration, pneumonia, severe iron deficiency and other related issues.
1 Answer
| Asked
in
Elder Law, Medical Malpractice and Nursing Home Abuse
for
Virginia
on
Answered on Dec 12, 2018
Answered on Dec 12, 2018
Jay Braddock Jackson's answer
I don't see a question in your statement of facts, but assuming that your question is whether or not you would have a case against the memory caregiver, it is not possible to tell. There are so many variables and other facts to discover before an opinion can be made. Additionally, you must know the accepted standard of care owed by the caregiver for the condition with which your father was dealing. Getting the Adult Protective Services and Department of Licensing involved was necessary. I also...
I don't see a question in your statement of facts, but assuming that your question is whether or not you would have a case against the memory caregiver, it is not possible to tell. There are so many variables and other facts to discover before an opinion can be made. Additionally, you must know the accepted standard of care owed by the caregiver for the condition with which your father was dealing. Getting the Adult Protective Services and Department of Licensing involved was necessary. I also...
Q: I am in the process of filing for bankruptcy. Am I able to include an over payment of SNAP benefits in my bankruptcy?
Timothy Denison's answer
Yes. You will still be responsible. The overpayment will not be discharged with a chapter 7 bankruptcy.
Yes. You will still be responsible. The overpayment will not be discharged with a chapter 7 bankruptcy.
Q: im 17 & slapped a pregnant women , i now have a court date what might happen?
Bryan J. Jones' answer
You will probably be put on probation and have to complete counselling and stay out of trouble.
You will probably be put on probation and have to complete counselling and stay out of trouble.
Q: What am I looking at if I get a notice that I failed to appear in court - I was pulled over for a DUI.
Daniel P Leavitt's answer
You will want to contact an experienced lawyer in the court where you got charged.
Your outcome will be a function of your past record, the facts of your case and whether or not there are legal defenses.
Dan
You will want to contact an experienced lawyer in the court where you got charged.
Your outcome will be a function of your past record, the facts of your case and whether or not there are legal defenses.
Dan
Q: I informed my landlord about a crack in the steps leading up to my unit but he never did anything about it. I
Jay Braddock Jackson's answer
Probably not. Since you had notified your landlord, that shows that you were aware that the crack was there prior to your fall. Being aware of a dangerous condition and choosing to use that route anyway, MAY be considered to be negligent on your part. While this does not diminish your landlord's negligence at all, the law in Virginia essentially says that if you share any of the negligence in an accident, even as little as 1%, you are barred from a recovery. Since these steps led to your unit,...
Probably not. Since you had notified your landlord, that shows that you were aware that the crack was there prior to your fall. Being aware of a dangerous condition and choosing to use that route anyway, MAY be considered to be negligent on your part. While this does not diminish your landlord's negligence at all, the law in Virginia essentially says that if you share any of the negligence in an accident, even as little as 1%, you are barred from a recovery. Since these steps led to your unit,...
Q: Can other occupants of a home be made to leave without notice after main renter has been hospitalized/ultimately death?
F. Paul Maloof's answer
Generally, Virginia law requires that all occupants be given a 5 day notice to pay or quit before the landlord can file an unlawful detainer. Only a court can order the occupants to vacate the premises.
Generally, Virginia law requires that all occupants be given a 5 day notice to pay or quit before the landlord can file an unlawful detainer. Only a court can order the occupants to vacate the premises.
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