If I fear for my safety, can I take my child and go?
Domestic violence is a very real issue in family law cases; it’s one we brush up against all the time. It was something that surprised me when I first started, because even in the most otherwise normal cases, there were undercurrents of domestic violence. A friend of mine from law school is a prosecutor,…
Filed under: Uncategorized Tag with: child support | complaint | custody | domestic violence | fault based grounds for divorce | pendente lite | protective order | visitation
The Virginia Court System
In the election last month, one of my best friends was elected as prosecutor in her county. (She’s actually the first woman to have been elected in her county, ever – but, for my purposes today, a little beside the point.) It got me doing a little research into the local government and court structure…
Filed under: Divorce Tag with: appeal | child support | circuit court | court reporter | custody | de novo | divest | divestiture | divorce | domestic violence | juvenile court | military divorce | protective order | separation | visitation
Why Would I File A Contested Divorce In Virginia?
In many cases, it’s not necessary to use fault based grounds for divorce. After all, if you file on fault, you’ll have to litigate to prove to the judge that your grounds exist. Because, depending on the grounds, different civil and criminal penalties apply, you’ll have to meet a specific burden of proof, and that…
Filed under: Divorce Tag with: abuse | assets | attorney's fees | child custody | contested divorce | discovery | divorce | domestic violence | equitable distribution | liabilities | narcissist | pendente lite | separation | spousal support | virginia | WITHDRAWN SUPPORT
Domestic Violence and Virginia Protective Orders
Whenever there is domestic violence involved in a case, we advise our clients about protective orders. It’s really one of the only tools in our arsenal available to help protect clients who are at risk from their former partners. On the one hand, it’s just a piece of paper. On the other, it works in…
Filed under: Uncategorized Tag with: court | custody | divorce | domestic violence | emergency | judge | protective order | separation | virginia
Should I press charges for his domestic violence while my divorce is pending?
There’s no shortage of domestic violence cases. Maybe I was being naïve, but, when I first started to practice family law, I was really amazed at exactly how many there were. I’ve been around for awhile now, and I’m not so easily surprised. There is a lot of domestic violence out there and, if you’re…
Filed under: Uncategorized Tag with: criminal law | divorce | domestic violence | press charges | prosecute | separation | separation agreement
Domestic Violence and Social Distancing
If you know me at all, you know I’m a huge anglophile. I can’t help it; I love the British. It has been a lifelong love, too. That’s generally not relevant to the work that I do. Once, I wrote a blog about Henry VIII and the differences between divorce then and now, and I…
Filed under: Uncategorized Tag with: coronavirus | domestic violence | duchess of cornwall | pandemic | protective order
Virginia custody issues: when you suspect your child is being abused
I’m a mom, too, so I get it. Protecting those little people is literally the only job in the world that matters, and when you feel like the health, safety, and well being of your children is threatened – well, it’s understandable if it makes you feel a little crazy. When the health, safety, and…
Filed under: Uncategorized Tag with: abuse | child custody | child's father | domestic violence | lose custody | physical abuse | sexual abuse | visitation
Can my child’s other parent refuse to allow me to leave with the child?
We get a lot of questions about what your child’s other parent can and can’t do as the situation moves towards a separation. I get it – it’s scary, it’s emotionally charged, and it can get ugly, really, really fast. There’s really nothing that pulls on our heartstrings quite as quickly and aggressively and viscerally…
Filed under: Uncategorized Tag with: abuse | child custody | child's other parent | custody order | domestic violence | leave with child | parental kidnapping | protective order | separation | travel with child | virginia | visitation
Spousal Support and Abuse
Abuse is, for me, always one of the harder subjects to discuss. It’s not that it makes the law complicated, or really that it changes what a person might be entitled to receive — but maybe that’s part of the problem for me, too. Abuse changes a person. After years and years of it, it…
Filed under: Uncategorized Tag with: domestic violence | emotional abuse | spousal support | standard of living | virginia
Protective Orders and Divorce
Domestic violence is often a big part of a divorce case. It’s sad (and really, really scary) but true. We see these types of cases all the time. When I first started practicing family law, I was surprised at how many cases there were that involved some kind of physical, emotional, or sexual abuse; maybe…
Filed under: Uncategorized Tag with: agreement | custody | divorce | domestic violence | magistrate | physical abuse | protective orders | separation | sexual abuse | verbal abuse