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Virginia Questions & Answers
2 Answers | Asked in Real Estate Law for Virginia on
Q: Can it be argued that even if 2 people are on the deed of a house, the one who pays the mortgage is entitled to more?

This would involve a married couple

Ross Cameron Hart
Ross Cameron Hart answered on Mar 3, 2021

Nope - unless a divorce court judge sees it differently.

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1 Answer | Asked in Car Accidents for Virginia on
Q: I need a non injury car accident lawyer in Richmond va.

A man hit me and fled the scene . We can't find his insurance. I need compensation for my car.

Tim Akpinar
Tim Akpinar answered on Mar 2, 2021

A Virginia attorney could advise best, but your post remains open for three weeks. You could use the Find-a-Lawyer tab above to reach out to attorneys in the Virginia Beach area, or you could run your own independent searches online. You probably did this already, but you could double-check your... Read more »

1 Answer | Asked in Child Support for Virginia on
Q: I have a court date for child support from California but neither of us live there anymore, what happens next?

My ex filed for child support in the state of California but moved to a different state. I’m suppose to have a court hearing but I no longer reside in California either. I’m unsure of what I should do.

Michael Christopher Miller
Michael Christopher Miller answered on Mar 2, 2021

Move to dismiss the CA matter for lack of jurisdiction under UIFSA.

The other party, as the petitioning party, has to refile where you live as the responding party.

2 Answers | Asked in Child Custody, Divorce and Family Law for Virginia on
Q: What kind of lawyer do I need to talk to about custody of children?

Grandmother has physical custody of two children, parents share joint custody. Mother is in jail, and father wants to know his rights about getting custody of his children.

James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 2, 2021

Custody cases in Virginia are routinely handled by family law lawyers and divorce lawyers.

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Virginia on
Q: A state appeal is pending taking longer than 12 months does that increase success rate?
Charles William Michaels
Charles William Michaels answered on Mar 2, 2021

Generally, no. The appeal decision could be delayed by many reasons, some not having anything to do with the case.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Hi, Homeowner here. I rented a room with a lease that states it's a 3 month minimum/based month to month/share space.

I gave the person a 30 day notice to vacate and now that person has stated that they're not leaving. What are my options for having them removed? It's a simple lease with the basic message that terms are based on a month to month sign agreement. Also, in the 30 day notice I mentioned... Read more »

Steven Krieger
Steven Krieger answered on Mar 2, 2021

You'd have to evict the person if they do not vacate at the end of the 30 day period. The police will not likely do anything in a landlord-tenant dispute. If you decide to hire a lawyer to help, I'm sure anyone who responds would be happy to help with the eviction. Good luck.

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2 Answers | Asked in Criminal Law, Banking, Civil Litigation and Federal Crimes for Virginia on
Q: Is it a crime to deposit/cash a check if it is to 2 named people, he signed the back twice and she didn’t sign

My sister and her husband are going through a bad divorce. He left two weeks before the birth of their last kid. She has the house. He filed taxes jointly, and the federal return came to the house. She held it and they came to an agreement on how to spend it. It was only in a text so nothing... Read more »

Kelly L. Vasta
Kelly L. Vasta answered on Mar 2, 2021

I would recommend taking the copies of checks you have along with these facts to your local magistrate or police department to discuss the options of pressing charges.

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1 Answer | Asked in Child Custody for Virginia on
Q: Can I get full custody after I settled for joint custody in the divorce?
Kelly L. Vasta
Kelly L. Vasta answered on Mar 1, 2021

Child custody, visitation and support matters can always be amended, provided that there is a material change in circumstance since the entry of the last order. Material change in circumstance can be a gray area in the law and I recommend that you seek legal advice from an experienced family law... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Hello I am wondering what my tenant rights are I haven’t had heat for 3 weeks landlord has yet to fix the problem

The emergency heat temp hasn’t exceeded 58 degrees during one of the coldest months and has left me no choice but to have to seek a new living arrangement

Steven Krieger
Steven Krieger answered on Feb 28, 2021

You have a reasonable argument that you have been constructively evicted -- essentially forced to leave the property due to the conditions. I say reasonable b/c 58 degrees is some heat, but obviously not an ideal amount. If you can document the lack of heat and corresponding temperatures, in case... Read more »

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2 Answers | Asked in Domestic Violence for Virginia on
Q: I am charged with assault on my fiancé , I have no criminal record what are the chances of getting it dismissed or drop

The cops were never called he happened to be serving a Warrant across the street and I was leaving and thought someone called him snd we basically told on ourselves ... they determined I was the initial aggressor and arrested me . I do not want to go to jail as I know theoretically I could . It... Read more »

Susan Fremit
Susan Fremit answered on Feb 28, 2021

Getting domestic assault charges dropped such that you can expunge the arrest is difficult. Usually, you would go through the first offender program (attend and complete an anger management program) and the charge is dismissed after a year or 2 years if no further problems. BUT in this situation,... Read more »

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2 Answers | Asked in Criminal Law, Domestic Violence and Juvenile Law for Virginia on
Q: Can your mom send you a trespassing notice and have you arrested if you go near her property?

My parents are separated and going through a legal divorce. After my mom cheated on my dad and moved in with her boyfriend she and her boyfriend who has a criminal record have been threatening me and my little siblings. She recently sent a trespassing notice to my family saying we could not be near... Read more »

Susan Fremit
Susan Fremit answered on Feb 28, 2021

Since your sent you a no trespassing notice and you acknowledge receipt of that notice by tearing it up and throwing it at the front door of where she lives, she can now call the police, if you go on her property, and have you charged with the criminal misdemeanor of trespassing. She can also look... Read more »

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Virginia on
Q: can I have the form in Virginia to request a motion to dismiss a preliminary removal order?

I'm just looking for the form needed to request a motion for dismissal of a removal order in Virginia.

F. Paul Maloof
F. Paul Maloof answered on Feb 27, 2021

Go to the family court website for the form that you need, or call the clerk's office on Monday for the website link.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Im going to be homeless because people will not leave my mobile home for me to live there.

My mother owned a mobile home in moneta, va. She passed away on December 5 of 2020. I have all legal documentation proving my control of her assets, her power of attorney and where the mobile home is titled in my name and my name only. The people residing in the mobile home paid my mother weekly... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 27, 2021

You can file an Unlawful Detainer in Court and ask the Judge for an award of the rent arrearage and for possession. You may have to wait, however, to evict them, if they do not voluntarily move out, as a result of the CDC moratorium on evictions.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Are my grandmothers nieces and nephews entitled to land that was owned by my great grandmother but never deeded ?

My grandmother had a mobile home on property that my great grandmother purchased. My great grandmother passed without a will but my grandmother has since paid the taxes on the property up to date. My grandmother had 7 siblings and only 4 are left which are all on board with a quit to claim deed in... Read more »

Ross Cameron Hart
Ross Cameron Hart answered on Feb 25, 2021

The lawyer you talked to is correct. The interests of children of your great-grandmother goes to THEIR children on their death. I suggest you get deeds for whatever shares you can, then approach the others for their shares. This can be very complicated and time consuming. And you absolutely need... Read more »

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Currently I live in a rental apartment of which my lease will auto renewal on March14th, 2021. A new property owner just

Took over the property of which I just received a notice that they are raising my rent 300.00 starting March 1st. Can they do this legally?

Ross Cameron Hart
Ross Cameron Hart answered on Feb 25, 2021

It depends on the exact terms in the lease. Most leases that 'auto-renew' (1) state that the renewal will be for a specific period (such as a year, but some are 'auto-renewing' only month-to-month) and (2) have a 'notice' requirement that if either the landlord or... Read more »

1 Answer | Asked in Employment Law for Virginia on
Q: After I left, do I get commission for jobs that I entered or only jobs that were completed?

My employer said he is only paying commission for jobs that were delivered or installed before I left.

Kyle Anderson
Kyle Anderson answered on Feb 24, 2021

This is typically dictated by state law. I would reach out to an employment attorney in your state for a consultation.

1 Answer | Asked in Employment Discrimination and Employment Law for Virginia on
Q: I was diagnosed with aortic aneurysm. Not big enough for surgery yet. Can Still work. Do I have to tell employer?

Aneurysm is in "wait and watch" mode. Was told can still work but shouldn't lift over 40 lbs and keep calm and watch blood pressure. Can employer fire me for this? Do they need to know?

Carrie Dyer
Carrie Dyer answered on Feb 24, 2021

Whether you are still capable of working is a question for your medical providers. It sounds like your medical provider released you to return to work with restrictions. If your job duties require you to lift more than 40 pounds or elevate your blood pressure, then you should inform your employer... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My tenant was in a month to month was to be out the end of January,2021 left February, 15 the without paying rent moved

Taking some belongings he failed to get all his stuff what are my rights.

F. Paul Maloof
F. Paul Maloof answered on Feb 24, 2021

You can bring a lawsuit called a Warrant in Debt for money owed by the tenant for unpaid rent after the tenant moved out. As for the belongings, the tenant seems to have abandoned those belongings, but you should make a list of those belongings and then you can dispose of them.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a paper ticket back in January, but when I log into the counties website to pay the ticket I dont see it. Am i off

The ticket was issued in Norfolk, VA and when I log into the website to pay the ticket I do not see the ticket. Am I off scotch free or what? If I am not off scotch free then why is it not in the system and how do I pay it?

Daniel P Leavitt
Daniel P Leavitt answered on Feb 23, 2021

No.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can a cop ask you to pull down your mask or something like that so they can "get a better look at your face"?
Susan Fremit
Susan Fremit answered on Feb 23, 2021

This depends on the entire facts surrounding the situation. If the officer has a reasonable suspicion that someone has committed/is committing an offense, and that officer can requests that an individual lower his/her mask in order to make a positive identification. I don't believe a Court... Read more »

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