Lawyers, Answer Questions  & Get Points Log In
Virginia Civil Rights Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts, Civil Rights and Landlord - Tenant for Virginia on
Q: I need help Ny lease apparently ends tomorrow but I can’t leave

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 »

F. Paul Maloof
F. Paul Maloof answered on Jul 31, 2020

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 »

1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Landlord - Tenant for Virginia on
Q: How does one "erase" the filing of a UD petition that is later non-suited without judgment?

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.

F. Paul Maloof
F. Paul Maloof answered on Jul 18, 2020

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 »

1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Landlord - Tenant for Virginia on
Q: If a suit is in general district is later found to be in error, what is the best way to have this matter "erased"?

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?

F. Paul Maloof
F. Paul Maloof answered on Jul 18, 2020

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 »

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Virginia on
Q: Has there ever been a case that was successful in the US where city council members were sued for their breach of oath

of office and the prosecutor won?

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

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 »

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Virginia on
Q: Is it legal to transfer someone across state lines in reference to a civil case without any extradition hearing?

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 »

F. Paul Maloof
F. Paul Maloof answered on Jul 1, 2020

I regret that I do not handle criminal law matter. Sorry.

3 Answers | Asked in Family Law, Civil Rights, Juvenile Law and Landlord - Tenant for Virginia on
Q: Can a parent legally restrict an 18 year old that still lives under their roof from leaving the house.

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

Afsana Chowdhury
Afsana Chowdhury answered on Jun 24, 2020

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.

View More Answers

1 Answer | Asked in Immigration Law and Civil Rights for Virginia on
Q: are you willing to consult me with crcl/dhs matter?so i need to send a statement letter from DHS/CRCL office.

a response has been made for my complaint matter by DHS/CRCL in june 11 20,they referred me to a lawyer to consult.

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 17, 2020

Hello, give me a call today, I would like to know more about this issue and can possibly help you.

1 Answer | Asked in Real Estate Law, Civil Rights and Elder Law for Virginia on
Q: Can a property owner suddenly cut off a person's water without warning?

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.

Richard Sternberg
Richard Sternberg answered on Jun 6, 2020

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.

1 Answer | Asked in Civil Rights, Consumer Law and Real Estate Law for Virginia on
Q: Hi, Can i gift out my newly FHA/VA Loan house to my parents?

I bought the house but want to gift out this house to my parents

Richard Sternberg
Richard Sternberg answered on May 27, 2020

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 »

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Landlord - Tenant for Virginia on
Q: I currently rent a house with my boyfriend, things are not working out and we are now on a month to month lease.

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.

F. Paul Maloof
F. Paul Maloof answered on May 16, 2020

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 »

1 Answer | Asked in Civil Rights for Virginia on
Q: i have a hearing for a restoration of firearm rights. Id like to know what i need to expect and how i sohuld prepare.

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 »

Brian S Szmak
Brian S Szmak answered on May 5, 2020

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 »

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Virginia on
Q: I need a civil lawyer that practices out of florida?
Tim Akpinar
Tim Akpinar answered on May 1, 2020

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 »

1 Answer | Asked in Civil Litigation and Civil Rights for Virginia on
Q: Why is commander in chief important, why should it be an important role of the president?
F. Paul Maloof
F. Paul Maloof answered on Jan 8, 2020

The U.S. Constitution provides for it.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Government Contracts for Virginia on
Q: Dbids afi 31-113 for base proceedures. Can a commander bar you from base based on a 27 years old conviction?

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.

F. Paul Maloof
F. Paul Maloof answered on Dec 27, 2019

I regret that I do not handle military base access card matters. Sorry.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Virginia on
Q: Can the Virginia Form DC-383 be filed without the respondent's name? Or how else can one stop a private nuisance?

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.

F. Paul Maloof
F. Paul Maloof answered on Dec 26, 2019

I regret that I do not handle criminal cases. Sorry.

1 Answer | Asked in Civil Rights for Virginia on
Q: I have a question I have been given my civil rights back a few years ago but have to go through so called petition court

NOW that my county in virginia is a gun sanctuary city can I legally purchase or possess firearms

Shemeka C Hankins
Shemeka C Hankins answered on Dec 19, 2019

No you cannot and you will be flagged if you attempted to purchase a firearm.

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: I live in Hanover County VA and need to KNOW if I can legally by firearms have been given civil rights back??

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 »

Shemeka C Hankins
Shemeka C Hankins answered on Dec 19, 2019

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 »

1 Answer | Asked in Family Law, Products Liability, Civil Rights and Constitutional Law for Virginia on
Q: Hey, so my friend is 19 and is moving out soon. But his dad is stealing and breaking his stuff. Is this legal or illegal

Ik it seems like a silly question but better to be safe than sorry

Tim Akpinar
Tim Akpinar answered on Dec 12, 2019

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

1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Virginia on
Q: How do you change venue?

Custody juvenile court?

Michael Christopher Miller
Michael Christopher Miller answered on Oct 30, 2019

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 »

1 Answer | Asked in Civil Rights for Virginia on
Q: If a protective order has been broken, can another be filed?

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 »

Gary Kollin
Gary Kollin answered on Sep 16, 2019

YES

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.