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.
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... View 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?
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... View More
of office and the prosecutor won?
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... View 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... View More
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
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.
a response has been made for my complaint matter by DHS/CRCL in june 11 20,they referred me to a lawyer to consult.
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.
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.
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.
I bought the house but want to gift out this house to my parents
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... View 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.
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... View 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... View More
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... View More
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... View More
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.
answered on Dec 27, 2019
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.
NOW that my county in virginia is a gun sanctuary city can I legally purchase or possess firearms
answered on Dec 19, 2019
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... View More
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.... View More
Ik it seems like a silly question but better to be safe than sorry
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
Custody juvenile court?
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... View 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... View More
Family members used land as driveway to have access to their home. Portion of land bought by someone else now has home almost built land locking the house in back of it. Thought the land used as driveway by family members would be grandfathered in in Va. what is law? Does City have any... View More
answered on Jul 21, 2019
It is certainly suspicious, but there are not enough facts to be able to answer your question. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve... View More
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