Family Law Archives - Page 4 of 4

The Virginia Code – Find What You Need Online

April 30, 2013 By Marc Leave a Comment

In today’s technological world, it comes as no surprise that almost everything is online. So, it should not surprise you to learn that the entire Virginia Code, in all its glory, is online with a user-friendly, searchable database.

What is the Virginia Code?

The Virginia Code is, simply put, the laws in Virginia. The Code is the collection of statutes that the legislature has created and amended over time. These written statutes (a.k.a. “code sections”) are laws that govern our society.

If you have ever been in criminal or traffic court, you have probably heard the Judge or the clerk announce to a defendant, “You have been charged with violating Section 18.2-xxxx of the Code”. That is a reference to one statute. But there are thousands, governing everything including crime, contract, divorce, custody, probate, licensing, insurance, adoption, etc.

Why You Might Want to Look at the Virginia Code?

If you are involved in a Legal Action

Criminal or Traffic Charge – if you have been charged with a criminal or traffic offense in Virginia, you should receive a summons, warrant or indictment. On any of these documents is a code section (sometimes more than one). For example, if you have been charged with assault and battery, you should see Virginia Code Section 18.2-57. The section will describe the behavior that is prohibited and will usually specify the degree of the charge and, in some cases, the punishment range.
Civil Case – if you are involved in a civil action, the Judge may turn to the Code to find the legal standard that applies to your case. For example, in a child custody case the Court is obligated to consider certain “statutory factors” set forth in Virginia Code Section 20-124.3. The same is true for certain civil contract suits, among many other types of civil litigation.

If you are wondering whether you can bring a Legal Action

If you think you have a legal action against another, the Code may be of some assistance. Search for the issue you are having and you may find the answers you were looking for.
If you are wondering whether you should do something or not–I.E. whether a particular activity is prohibited. Reading the Virginia Code can often be any eye opening experience. There are so many things that you probably are not aware of—some of them are even criminal laws that you would not have thought existed.

How To Access the Virginia Code Online?

Visit the searchable database: Code of Virginia (http://leg1.state.va.us/000/src.htm).
Search via words and phrases (in the search term box)
- Just like you would in google (sort of). If you want to search for a couple of words/phrases, insert the word “and” inside.
- Be careful to use the exact word you want. If you want word variations, insert a “*” (i.e. “Custod*” for custodian or custody).
Search via Table of Contents
- This takes you to a list of the Titles. In this way, the statutes are nicely organized by topic. If you want Family Law, for example, it is listed next to its Title (Title 20: Domestic Relations).
- Once you are inside a particular title, you should see a list of Chapters. These are basically subtopics.
- Once you are inside a particular Chapter, you should see a list of every statute within the chapter.
Search via Popular Names
- A click on this will bring you to a list of popular legislative acts, including Uniform statutes (i.e. “Uniform Child Custody Jurisdiction and Enforcement Act”).
NOTES:
- If you are having trouble, use the search examples provided to help you reformat your search.
- READ THE ENTIRE SECTION. Don’t stop after the first paragraph. Sometimes, within a particular section, there are exceptions or additional rules that might impact your situation. So be sure to review everything–after all, if you’re spending time to look up a statute, odds are it is probably important!
- The online database will also let you review a portion of the statutes history, including amendments (click on the hyper-linked numbers at the bottom of the statute).

If you have questions about the Virginia Code, or about any legal issue you may be facing, call an experienced Virginia Trial Lawyer at BoykoNapier today at (804) 658-3418 or contact us via email. We represent clients throughout Central Virginia, including Richmond, Chesterfield, Henrico, Hanover and the surrounding localities.

Have a Pending Civil or Criminal Case in Virginia? Check your Case Status Online

April 16, 2013 By Marc Leave a Comment

Computer Keyboard — Courtesy of ericnvntr via flickr.com

In Virginia, Courts across the Commonwealth have made it relatively easy to go online with your computer, tablet or smart phone and check the status of your pending criminal, civil, or divorce case. The amount of information provided depends on the type of case and the particular Court, but will usually include the Court dates, case numbers, filing dates, offense dates and arrest dates (if applicable). In some cases, the attorney’s names and the final disposition will also be posted online.

Follow these simple steps to find your online case information:

Go to the Virginia Court’s Website: www.courts.va.state.us.
On the left sidebar, click on the tab labeled “Case Status and Information”, which should bring you here.
Circuit Court (i.e. Divorce, or Felony Charge that has already been before the Grand Jury for certification or indictment):
- Click on “Case Information” under the heading for Circuit Court, which should bring you here.
- Use the drop-down menu to select the Court where your case is pending (i.e. Hanover, Richmond City).
- Once you have selected the right Court, click “Begin”.
- On the next page, beneath the words “Main Menu” you have the option to select “Criminal” or “Civil” – select the appropriate option.
- Then type in the name of the person you are searching for (unless you choose to search via case number) and click the search button.
- On the next page, if there are cases related to the name, you should see a list of cases. Once you find the case you are looking for, you can click on the case number on the left which should reveal the online information for that particular matter.
General District Court (i.e. most misdemeanor criminal and traffic charges):
- Click on “Case Information” under the heading for General District Court, which should bring you here.
- Read the Terms and Conditions of Use and type in the Numbers or Characters as requested in order to enter the database.
- Once inside, on the left sidebar, select the appropriate Court from the drop-down menu.
- After you have selected the right Court, click on the type of search you want to perform (i.e. Name search in a Traffic/Criminal matter).
- If you have selected the name search, the new page will prompt you to enter the name of the party.
- Once the name is entered, a list of relevant cases should appear.

There are a few caveats:

If your case is pending in Juvenile Court you will not be able to access any case information online.
If your case is pending in a Court that does not post information online (i.e. Henrico County Circuit Court and Chesterfield County Circuit Court do not provide online case information at the present time) you won’t be able to take advantage of this feature.
Do not rely solely on the online case information; due to the nature of this database, information may be incorrect or outdated. Accordingly, you should Contact the Court directly to verify important information.

Once you have reviewed the online case information, it might also be wise to go back to the Virginia Court’s Website and browse around for a while. Who knows, you might just stumble upon some useful information for your case!

For additional information, contact an experienced attorney at BoykoNapier, PLLC—call (804)658-3418 or contact us via email for assistance.

Virginia Child Support Guidelines: a Closer Look at the Ingredients

April 9, 2013 By Marc Leave a Comment

Chalkboard Calculation Math — Courtesy of Evelyn Saenz via flickr.com

In Virginia, Court-ordered Child Support amounts are typically determined through the use of Virginia’s Child Support Guidelines.

The support guidelines are a creature of statute (Va. Code Section 20-108.2) and the Court is required to presume that the guideline amount is appropriate (Va. Code Section 20-108.1).

Because the child support guidelines are so important, it is a good idea to familiarize yourself with the building blocks—the ingredients that usually provide the foundation for calculating the child support amount:

Gross Income of the Parties
- The Gross income of both parents perhaps the primary factor in determining the percentage obligation of the parties (i.e. if Dad makes 30% more than Mom, he will need to pay a higher percentage of the child support need)
- Gross income is generally considered to be all income from any source. For most people, this could mean:
  - Wages from Employment
  - Interest income
  - Unemployment income
  - Disability income (note: if a parent receives disability benefits, any sums received for a child who is the subject of child support shall be includable as well)
  - Spousal Support
  - Pension and Retirement Account distributions
  - Gifts
Number of Children in Common
- The number of minor children of the parties will obviously impact the amount of the child support obligation
Number of Children Not in Common
- If either parent has children from another relationship than they will typically be awarded a credit that offsets a portion of their gross income—the credit will depend on the number of other children or on the amount of child support they pay for the other children
Medical Insurance
- The premium expense for the minor children’s medical and dental coverage, if applicable, is considered.
- The parent who pays the expense should get a credit for the payment.
Daycare Expenses
- The daycare expense for the minor children, if applicable, is considered.
- The parent who pays the expense should get a credit for the payment.
Custodial Time
- If the non-custodial parent has at least 90 visitation days each calendar year, or if the parties have joint physical custody, the Court may use “shared support guidelines”, which calculates the child support need based on the amount of time the child is with each parent.
- If the parties have split custody (i.e. both parties each have primary custody of at least one minor child in common) the Court may use “split custody guidelines” to account for the different custodial arrangement

Take a look at a Child Support Guideline Worksheet to see how this all fits together.

If you have questions about child support, contact an experienced family law attorney at BoykoNapier today. Our attorneys represent clients throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities. You may reach us via phone at (804) 658-3418 or via email.

Domestic Protective Orders in Virginia: Powerful and Prevalent

March 27, 2013 By Marc Leave a Comment

Scales of Justice — Courtesy of Citizensheep via flickr.com

In Virginia, you may be entitled to a domestic protective order if:

You have been subject to “family abuse” committed by another,
You continue to be in fear, and
A protective order is necessary to prevent further abuse.

A Juvenile Court Judge, in granting a protective order, is authorized to use various remedies in favor of the person requesting the protective order. These include prohibiting contact between the parties (and the children, in some instances), granting the requesting party possession of a residence commonly occupied by both parties, and granting an order of temporary child support (read the rest of the remedies at Va. Code 16.1-279.1). Further, some of the remedies can be implemented immediately upon the approved application for an emergency protective order.

I have strong views on the domestic protective order laws in Virginia. I cannot argue against the necessity of these orders—violence in the household must not be tolerated and protection must be afforded to those in need–and I have represented many individuals who were properly in need of a protective order. However, I can say that I believe too many people get away with using the protective order as a legal tool–often, as an advantage against an opposing party in a custody or divorce battle. And it’s easy to see the benefit of obtaining a protective order: if you are seeking a divorce, a protective order could force a separation by ordering that your spouse give you temporary possession of the marital residence (not to mention de facto temporary custody of your children, among other things).

How do I know people abuse the system? I don’t. I can’t imagine people would ever willfully admit to using it as a tool–in many cases that would be considered perjury. What I can say is that I have seen many protective order affidavits that, on their face, should not even warrant a hearing. I’ve had numerous people in my office about custody issues ask me: “What if I go get a protective order?” when they are certainly not in fear of their significant other. Perhaps even worse, I have been involved in dozens (and heard about dozens more) of negotiations at protective order hearings and far too often the result is: the protective order is voluntarily dropped by the requesting party, and a temporary order of some kind is agreed upon, usually involving custody, visitation, or support. I believe that if the applicant was truly in fear for their safety at the time they filed for a protective order, they would not be so willing to let it go.

How can the Court system protect against this potential for abuse of protective order?

The legislature should step in and require:

More Information on Affidavits
More restrictive burdens of proof
Limit the definition of family abuse
Allow respondents (i.e. defending parties) to appear at preliminary protective order hearings

After all, we should be more hesitant, as a society, before we authorize a Court to strip a person of two essential freedoms—family and property.

Difficulties in Divorce: The Tale of Two Households

March 3, 2013 By Marc Leave a Comment

Virginia Capital Building — Courtesy of JoeDuck via flickr.com

The price of separation can be one of the largest hurdles couples face during a divorce. Figuring out how to afford the operation costs of two different households is no easy task. Once the “marital residence” becomes a misnomer, husbands and wives are staring at the same income levels, but twice the bills. Two electric bills, two mortgages or rents, two homes to furnish, clean and repair, and sometimes, two daycare providers.

This is particularly difficult in a lot of situations because the spouses did not consider the cost of running two households. Given that most are overcome with emotion and anxiety during separation, it comes as no surprise that they haven’t first poured over their bank accounts to create a feasible budget for their “new” life. This financial neglect is common even in cases where the almighty dollar was in fact the root cause of marital discord.

So, in case you happen to be reading this and you are thinking about separation (i.e. leaving the marital residence), and your departure is not emergent (i.e. you are not subject to imminent harm), here are a few tips to consider before you decide to go:

Have a plan. Figure out where you are going. Perhaps the plan is renting an apartment in Richmond or Henrico. Fine. Or even retreating to your parents’ place, or a friend’s house in Chesterfield. Fine. Just have a plan. (Note: it would be advisable to ensure that your plan is not “temporary”, try not to find yourself in a position where you are saying something like this: “I’m going to Nancy’s and I’ll figure it out from there”).
Review your assets. Look primarily at “cash-on-hand” (how much money you have immediate access to) and your net monthly income.
Tally your expenses. What new expenses will you have (furniture, rent/mortgage, utilities)? What current expenses will you continue to incur (phone, insurance, car payment, mortgage)?
Compare your cash and net income to your expenses. How long will your finances last? If the numbers aren’t comforting, consider modifying your plan.
Talk to a family law attorney about your rights incident to separation. You may be entitled to request support from your spouse, among other things. They will also be able to advise you regarding the manner/method of your separation to help you protect your rights. Because separation is often hardest on children, discussing the situation with a family law attorney is particularly important if you have kids.

Call: 804-658-3418