Lawyers, Answer Questions  & Get Points Log In
Virginia Juvenile Law Questions & Answers
2 Answers | Asked in Family Law and Juvenile Law for Virginia on
Q: My boyfriend is abused at home, and my family wants to shelter him. Is there a way to legally do so while he is underage
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

I understand your concern for your boyfriend's safety. In Virginia, if a minor is experiencing abuse at home and needs a safe place to stay, there are options available. One option is to contact Child Protective Services (CPS) or the local Department of Social Services to report the abuse.... View More

View More Answers

2 Answers | Asked in Family Law and Juvenile Law for Virginia on
Q: My boyfriend is abused at home, and my family wants to shelter him. Is there a way to legally do so while he is underage
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

If your boyfriend is experiencing abuse at home, it's essential to prioritize his safety and well-being. In Virginia, if a minor is facing abuse or neglect, the Department of Social Services (DSS) can intervene. You or your boyfriend can contact the local DSS office, and they will investigate... View More

View More Answers

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: Can I be charged with any crime for leaving my 10 yr old alone for less than an hour ?

I let my 10 yr old stay alone in my hotel room for less than an hour.He left the room for a soda and locked himself out. He called me on his cell to let me know and I began heading back to him. He decided to ask the hotel lobby for a key and they called the police. Va does not have a minimum age... View More

Derek Allen Colvin
Derek Allen Colvin
answered on Jul 24, 2023

There is likely probable cause to charge you under Virginia Code Section 18.2-371 for rendering the child in need of supervision. There may be additional charges. It sounds like the charging decision is left to the discretion of the prosecutor in that jurisdiction. If charged, you should... View More

1 Answer | Asked in Family Law, Juvenile Law and Domestic Violence for Virginia on
Q: I want my minor girlfriend to live with me, would my parents get in trouble even if they don't care if she leaves or not

Basically my girlfriend has a really bad home life, she constantly goes hungry from lack of food, her mom is abusive emotionally and physically and her stepdad is a sick perverted man and she has no friends other than me and her one friend. My parents wouldn't mind if she lived with us but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

It is important to understand that laws regarding minors vary by state, and in many cases, a minor cannot legally leave their home without parental consent or a court order. If your girlfriend's home life is truly abusive and unsafe, it may be possible to seek legal options for her to leave... View More

1 Answer | Asked in Juvenile Law for Virginia on
Q: Can i (15 in a month 16) date a 23 year old legally? Im from the Netherlands and hes from Virginia.
Timothy Carignan
Timothy Carignan
answered on Jan 14, 2023

Most places do not have laws regarding dating; however, there are limits as to sexual contact. Typically, one cannot have sexual contact with an underage person (15-18, depending on the jurisdiction) if they are more than three years older.

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Virginia on
Q: If I was issued Emergency protective order in virginia and she was granted the box that is marked granting her the hous

If she was granted the house in an emergency protective order it says her name. The family of household member is granted possession of the exclusion of the respondent however no such Grant of possession shall affect title To any real or personal pro Property. If she is out of the state ono... View More

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on May 28, 2023

You should have a lawyer look at the actual protective order to be certain. That much said, if it gives her sole possession of the house, then you would be prohibited from going there - even if she is at work, or on vacation, or for any reason.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: Long story short, unauthorized use of a motor vehicle, speeding ticket, and out of state license

I am a minor, I got a speeding ticket for going 80 in a 35. I have court for that in 2 days from today. Today, I got the cops called on me for Unauthorized use of a motor vehicle. I want to know the punishments that could potentially happen

Jennifer Alettia French
Jennifer Alettia French
answered on Aug 16, 2022

You should seek counsel. 80 in a 35 is not simple speeding but rather reckless driving, a class 1 misdemeanor where the punishment can include jail time.

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: When convicted of a violent felony as a minor, how do you go about expunging your records? Is it automatic? (Virginia)

We are in virginia. my partner was convicted of a violent felony as a minor (he was 17 at the time). he just turned 21 this year, so we were curious if he would need to petition the courts to have the records sealed/expunged… or if this is something the state will do automatically?

some... View More

Susan Fremit
Susan Fremit
answered on Mar 14, 2022

A felony conviction in VA cannot be expunged. When a juvenile is convicted of a violent felony, under current law, it is never sealed, unlike the usual process for juvenile records.

1 Answer | Asked in Contracts, Criminal Law, Internet Law and Juvenile Law for Virginia on
Q: Can they take my daughter or me to jail for fraud

My daughter had an Instagram (made her delete it) she’s 16 and wants to become a model. Someone approached her saying they were a company, everything was pretty suspicious from what i saw. She said she was interested and filled out a form asking about measurements, phone number, address, model... View More

Steven Krieger
Steven Krieger
answered on Jun 1, 2021

A contract with a minor is usually unenforceable and it doesn't seem like a criminal violation if they gave her the money (as opposed to her stealing the money). If she's contacted by law enforcement, reach out to a lawyer ASAP. I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Family Law and Juvenile Law for Virginia on
Q: We live in Virginia but my daughter who is 171/2 want to live with a friend in Alabama. Is this legal with my permission
Sonja Aoun
Sonja Aoun
answered on Apr 14, 2021

You will need to find out whether this arrangement is permissible in Alabama. As her parents, under Virginia law, you are still responsible for her and required to support her financially. If she wishes to ask a court in Virginia for emancipation, she could do so if she meets the criteria. Then... View More

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... View 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... View More

View More Answers

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: Reckless driving failure to maintain control ticket in Middlesex, VA. What should I do before/expect from JDR court?

I'm 16 and got my license like 3 weeks ago. Was following a cousin down a road i didnt know, speeding ~10/15 over limit and took a turn too fast and crashed. No one was hurt, car was totaled, and sherriffs said they wouldn't have written me up for it but had to call a state trooper (i... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2020

You should have a lawyer represent you to help get it dismissed. Driving school goes both ways. Some judges get mad if you do it before and some don't want the reason as voluntary. A lawyer who goes to that particular court will know the local rules. A good lawyer will know there is a... View More

3 Answers | Asked in Family Law, Juvenile Law and Landlord - Tenant for Virginia on
Q: 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

F. Paul Maloof
F. Paul Maloof
answered on Jun 29, 2020

I regret that I do not handle family law or juvenile law cases. Sorry.

View More Answers

1 Answer | Asked in Family Law and Juvenile Law for Virginia on
Q: Can ex get an order in state of VA prohibiting fiancé to move in?

We have been separated for 8 months joint custody of 2 kids. Agreement says we will not interfere in the others life and live as though we were never married. Can he obtain such an agreement and can I fight it? Fiancé is a great man and loves my kids.

James D. Williams
James D. Williams
answered on Jun 29, 2020

The agreement appears to just say that you and the ex are living as you two, specifically, are not married to one another. It's not requiring that you live unmarried, most likely, and if it is, then it's probably invalid.

If there is a custody order from the court where the...
View More

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
PREMIUM
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 Criminal Law, Federal Crimes and Juvenile Law for Virginia on
Q: I was convicted of a felony as a juvenile in Virginia when I was 16 years old. I am now 29, Can I buy a firearm?

Does an underage felony conviction prevent firearm ownership for the rest of my life?

Shemeka C Hankins
Shemeka C Hankins
answered on Jun 22, 2020

At this point, now that you are 29, you should be able to purchase a firearm as long as you weren't convicted of certain violent offenses. You can actually follow up with the State Police to ask them about the firearms form because they run all background checks for firearm purchases. here... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: Can I move out on probation if I’m considered ‘low-risk’ at 18?

(I’m on juvenile probation) I need to move out of an emotionally, verbally (and previously physically) abusive household with my mother, but I am on probation, my documents all say I am low risk, I only need to be seen once a month, but I’m not entire sure what that means. I just need to get... View More

David Joseph Dischley
PREMIUM
David Joseph Dischley
answered on Mar 31, 2020

Assuming you are 18 years old and on adult probation, the probation officer shouldn't have to contact your mother. Provided you are not ordered to remain in your current residence, talking through this issue with the Probation Officer should result in you being able to move provided it is in... View More

1 Answer | Asked in Juvenile Law and Sexual Harassment for Virginia on
Q: can i get in trouble for being 23 sending a 16 year old boy nude photos of myself unknowingly?

i was unaware the boy was 16 i was told he was 18 and i have never physically met this boy in real life just sent photos on the app snapchat i was just made aware he is 16 and i am 23 he saved all photos and videos and now using them as blackmail to sleep with me

Shemeka C Hankins
Shemeka C Hankins
answered on Feb 7, 2020

Unfortunately there are many scams that are going around where people are doing this for either money or other kinds of issues. I would keep screen shots of everything and go to the police for extortion. Cut off contact, but do not change your number - just don't reply to anything they are... View More

1 Answer | Asked in Juvenile Law for Virginia on
Q: I am 15 can i go to detention for assult and battery even tho i was assulted also ?

I am 15 years old i got into a altercation with my mother for assult and battery but the judge dosent know that she hit me in the head with a metal object during the altercation and my grandma had to take me to the hosptial because i had a knot... Even tho i was assulted also in that situation wat... View More

Shemeka C Hankins
Shemeka C Hankins
answered on Jan 16, 2020

There are a number of factors that go into answering your question. However, most importantly sounds like you need to talk to a lawyer to adequately present your defenses to the court. If you were acting in self-defense, you may need help presenting that argument to the judge. You can ask the... View More

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...
View More

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.