I signed a 12 month lease with my landlord and it’s the 7th month and my landlord says the july31st at 8 am everyone who didn’t renew is the last day of their lease but I can’t leave that soon I prepared for a 12 month lease I also lost my job due to COVID and domestic violence so I haven’t... Read more »
Even if you have a 12 month written lease, the nonpayment of rent is a breach of the leased and as such the landlord can proceed with a notice for you to pay or quit and then begin legal proceedings to have you evicted. The loss of your job or the domestic abuse is not a defense to nonpayment of... Read more »
This will be an issue for many "first time civil defendants" who are filed upon by landlords for UD during the COVID period. There is legislation that enables relief in 2022, but that will be too late for many.
The general procedure to accomplish your goal is to file a Motion to Vacate the Judgment, however, a non-suit means that the plaintiff withdrew the case and claims so there is no judgment to vacate. The original case's information cannot be "erased" as you described it. These are... Read more »
It appears that expunction is not available for civil cases. Can the court "seal" the file? Are there any other options that an attorney can do?
The proper procedure for a civil matter as you describe is to file a Motion to Vacate and Set Aside the Judgment. It will be your burden to demonstrate to the Judge that the judgment was entered in error. If the other party agrees that there was an error, that party should endorse your Motion and... Read more »
of office and the prosecutor won?
There is a concept called "immunity" in the law that shields people in public office from citizen disputes over discretionary decisions that are made. Police have it, council and school board members have it, judges have it and POTUS has it. An exception to this would be when the public... Read more »
I have filed a Habeas petition in the 4th circuit on this issue. See Hommel v. Unknown, et al. I was civilly commited in virginia in 2007, but never was commited, as the order was stayed. Instead i was transfered to Federal custody in the northern district of ohio where i served approx. 10.9... Read more »
I regret that I do not handle criminal law matter. Sorry.
Are their any laws that prevent a parent of an 18 year old from going to see their lover or friends
Also are there any laws that prevent a toxic, controlling parent from controlling an 18 year old’s life
Once they’re 18, they’re an adult and get to make their own decisions. You cannot force an adult to stay in your home if they don’t want to. But you can make an adult leave your home as long as you follow the law in doing so.
a response has been made for my complaint matter by DHS/CRCL in june 11 20,they referred me to a lawyer to consult.
Hello, give me a call today, I would like to know more about this issue and can possibly help you.
This is about an elderly couple whose artesian well is on property that used to belong to them. When it was sold 10 years ago owner was aware that the well is being used by the elderly couple and today told them he cut it off because he doesn't need it anymore.
It sounds like it might be time for a legal review of the transaction to determine if there was an easement implied. They don't appear to be tenants of their buyer, so it may be time to negotiate or to buy bottled water until they can tap into an artesian well below their property.
I bought the house but want to gift out this house to my parents
If it is yours, you can surely gift it. Either a quitclaim deed or a warranty deed will do the trick. I'd have to check, but the transaction may be tax-free, like a transfer between spouses. If not, there will be transfer and recordation taxes. The mortgage loan to a near certainty has a... Read more »
The landlord is on my side, but how do I legally get him to move out, since he won’t leave on his own. We also have an almost 2 yr old daughter and I want to have full custody of her. He is a convicted felon x2 and on probation.
I regret that I do not handle domestic relations or child custody matters. Sorry. If you and the faster of the child are both on the lease, the landlord will have to proceed in Court to ask the Court enter an order for possession against him. You need to work with the landlord on that issue. It... Read more »
I had a felony drug charge in 2011. I have not had any charges since. I have no violent charges. I have been employed for the last 6 years and have been a part of a long term rehabilitation clinic since 2011. I have also passed urine tests every month for the past 9 years. I have a great family and... Read more »
A Virginia Court can restore your firearms rights for "good cause shown." You should be prepared to give them a reason to do so. Bring anything with you that may help make your case, and demonstrate the positive facts you mention above. For a petition like this, the opposing party is the... Read more »
You could repost in Florida. Your question remains open for two weeks, but was posted under Virginia. You might have better luck simply contacting Florida attorneys - this is only a Q & A Board. See the link above (Find-a-Lawyer), or you could run your own independent searches. Good luck... Read more »
The U.S. Constitution provides for it.
My dbids access card was recently flagged for something that happened 27 years ago in Salinas CA. Im honorable discharged Combat Veteran of 23 years. I work on base at fort eustis, VA.
I regret that I do not handle military base access card matters. Sorry.
I live in the State of Virginia. I believe that I am being harassed by a neighbor in a manner that I feel meets the definition of a private nuisance. I would like to file a court order to prevent this behavior. I know the origin of the disturbance but I am not sure if I know the individual's name.
I regret that I do not handle criminal cases. Sorry.
NOW that my county in virginia is a gun sanctuary city can I legally purchase or possess firearms
No you cannot and you will be flagged if you attempted to purchase a firearm.
The law about petitioning the court to do this is DIRECTLY against 2nd amendment and COSTLY to those not financial able. PLEASE HELP I do NOT want to BRAKE the law or get in trouble. The courts in HANOVER county are NOT exactly law abiding characters who uphold the law and don't care for the... Read more »
You lost your rights when you received a felony in the state of Virginia. Nothing is absolute. You have to go through the petition process after your civil rights are restored by the governor. If you have had those rights restored, you petition the circuit court of the county/city where you live.... Read more »
Ik it seems like a silly question but better to be safe than sorry
I'm sorry for your friend's ordeal. Unless the possessions are very valuable, he is probably better off just getting stuff out for safekeeping as quickly as possible before further damage instead of losing time from work or school in court. Good luck
Tim Akpinar
Custody juvenile court?
Are you changing venue as in moving from one county in Va. to another county? Or, are you changing to a new state?
If moving county to county, then Va. Code § 16.1-243(B) applies. "2. Custody and visitation: In custody and visitation cases, if venue lies in one of several cities or... Read more »
My ex-boyfriend had a protective order filed against me for absolute dumb reasons. (6 months) it has since expired and we’ve seen each other on multiple occasion, while it was active and when it expired. My question is, since technically the first one was broken - could another be issued if he... Read more »
YES
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