The Livesay & Myers Blog


Early Termination of Rental Agreements for Domestic Violence Victims

Posted on June 4th, 2014, by Benjamin Carafiol in Family Law. No Comments

Last year, Virginia expanded the relief available to victims of domestic violence obtaining a final protective order. The typical remedies a victim of family abuse may seek in Virginia are found in Virginia Code Section 16.1-279.1, and include prohibiting acts of future family abuse, prohibiting some or all contact between the victim and the offender, and granting possession of the residence occupied by the parties to the petitioning party. The option of an abuse victim to terminate a rental agreement early, however, is not contained in this Section. It is instead located in Virginia Code Chapter 55, which deals with property and conveyances.

Virginia Code Sections 55-225.16 and 55-248.21:2 both provide that any tenant who has been a victim of (a) family abuse, (b) sexual abuse, or (c) other criminal sexual assault may terminate their rental agreement under certain circumstances. Those … Read More »


“Untying the Knot” Brings Divorce Further Into the Public Eye

Posted on May 29th, 2014, by Matthew Smith in Divorce, Family Law. No Comments

There was a time when divorce was never spoken about on television or in pop culture. In 1962, “The Lucy Show” became the first program to prominently feature the character of a divorced woman (with the character of Lucy’s housemate, divorcée Vivian Bagley).

Today, popular dramas like “The Good Wife” and “Mad Men” feature main characters who are divorced, and any stigma that once existed has disappeared. Reality programs like “The Real Housewives” and “Divorce Court” allow the masses to ogle the “private” lives of those seeking fame but settling for 15 minutes of uncomfortable notoriety.

Now comes a new twist on the portrayal of divorce on television: “Untying the Knot,” which premieres on the Bravo network on June 4th at 10:00 p.m., starring New Jersey matrimonial attorney Vikki Ziegler, along with “appraisal experts” Mark and Michael Millea.

Each episode … Read More »


Criminal Convictions and Fiance Visas

Posted on May 27th, 2014, by Jennifer Varughese in Immigration Law. No Comments

In 2006, the federal Adam Walsh Child Protection and Safety Act (AWA) was signed into law. Among its more well-known features, the AWA revised requirements for sex offender registration. Lesser known, however, is the significant detrimental effect the AWA can have on U.S. citizens who seek to sponsor loved ones for fiancé/fiancée visas or other U.S. immigration benefits.

Perhaps it’s best to start with an example. Jack, a U.S. citizen, and Jill, a citizen of a foreign country, meet and fall in love. Jack and Jill get married. Jill needs a green card to either enter or remain in the U.S., so Jack files the requisite paperwork on her behalf. While their application is pending, U.S. Citizenship and Immigration Services (USCIS) issues a Notice of Intent to Deny letter, threatening to deny Jack’s petition based on an incident from his past … Read More »


New Child Support Guidelines: “Material Change” or Not?

Posted on May 19th, 2014, by Stephanie Sauer in Family Law. No Comments

As discussed in Virginia Poised to Update Child Support Guidelines, on July 1, 2014 Virginia child support laws will significantly change. Parents with no child support order in place may benefit from waiting until July 1st to file new cases, as they may receive more support under the new guidelines.

But what about the parent with a child support order in place under the old guidelines? Can he or she request a review of child support based on the new laws? The short answer is: yes.

The longer answer is as follows. Virginia courts can modify any child support order based on a “material change of circumstances.” Case law provides that changes to state law are material changes that justify the court reviewing the previous support order. Parents therefore have the right to request a review and modification of child support based on the new … Read More »


Seeing Starrs: Deferred Dispositions in Virginia

Posted on May 16th, 2014, by Anna Lindemann in Criminal Defense. No Comments

The criminal bar has been abuzz with the recent decision by the Virginia Supreme Court in Starrs v. Commonwealth, 287 Va. 1, 752 S.E.2d 812 (2014). In the Commonwealth of Virginia, just as in our federal system, two separate branches of government have the power to effect change in our laws and often wrestle with each other over the implementation of that power. On the one hand we have legislators in our General Assembly who make the laws, and on the other hand we have judges who interpret those laws and make daily decisions about how they apply to defendants.

Deferred dispositions are one area where these two sources of power disagree over where authority ultimately lays. A deferred disposition is simple enough in the abstract. In Virginia, the guilt phase and the sentencing phase of adjudication are two separate events. A defendant … Read More »


Dating Websites Providing More Divorce Evidence

Posted on May 5th, 2014, by Matthew Smith in Divorce, Family Law. No Comments

Ever wonder whether the era of online dating has led to more separations and divorces? According to a recent survey of the nation’s top divorce attorneys, the answer is yes. Fifty-nine percent of respondents in the American Academy of Matrimonial Lawyers (AAML) have seen an increase in the number of cases using evidence from dating websites during the past three years.

Online dating contributes to divorce rates, but is also assisting divorce lawyers across the country in building their cases with easy-to-obtain evidence that can become critical to litigation outcomes.

Of those divorce attorneys surveyed, 64% cited Match.com as a primary source, with eHarmony.com running a distant second at 9%. Fifty-seven percent of AAML respondents singled out the “Relationship Status” listed by users as the most common piece of evidence utilized in their divorce cases, while 15% noted Salary and 7% listed … Read More »


Supreme Court Approves Traffic Stop Based on Anonymous 911 Call

Posted on April 29th, 2014, by Eugene Oliver in Criminal Defense. No Comments

On April 22, 2014, the Supreme Court issued a decision in Prado Navarette v. California, 572 U.S. ____ (2014) that will have a significant impact on DUI and other traffic stop cases nationwide. In a 5-4 decision, the Court found that a police officer has reasonable suspicion to stop a driver based on an anonymous 911 call complaining of reckless driving behavior.

In this case, the defendants (Lorenzo and Jose Prado Navarette) were driving a Silver Ford F-150 down a California highway. An anonymous 911 caller reported that the F-150 ran them off of the highway. Approximately 15 minutes later, a state patrol officer made contact with the F-150 and, after observing the vehicle for five minutes, pulled it over. Upon approaching the vehicle, the officers smelled marijuana—and then discovered 30 pounds of marijuana in the bed of the truck. The defendants … Read More »


The Primary Caregiver in Virginia Custody Cases

Posted on April 28th, 2014, by Carolyn Eaton in Custody, Family Law. No Comments

The central question for most parents facing a child custody battle is: “what are my chances at winning custody?” In many cases, the answer to this question depends upon the answer to another question: who is the primary caregiver? Many households are still arranged with one parent being the primary breadwinnner for the family and the other parent being the primary caregiver for the children. In those situations, the latter parent has a decided advantage in winning primary custody. However, Virginia law requires courts to look at the whole picture in deciding custody cases, and not determine custody solely on the primary caregiver factor.

Does Virginia Favor the Primary Caregiver?

Virginia law requires judges to base custody determinations on the best interests of the child, as determined by ten factors stated in Virginia Code Section 20-124.3. Neither parent is automatically favored in these … Read More »


New Virginia Law Allows Protective Orders to Award Pet Possession

Posted on April 23rd, 2014, by Danielle Snead in Family Law. No Comments

Each year several bills are introduced in the Virginia House of Delegates or the Virginia Senate, but only a few get passed and approved into law. One of the bills that was introduced and passed during this year’s session will expand protective orders in Virginia in an interesting way. The bill, House Bill No. 972, effectively grants judges in Virginia the authority to award pet possession as part of protective orders. This new law will go into effect on July 1, 2014.

Under current Virginia law, a person who has been a victim of violence, force, or threat that has resulted in bodily injury or places them in reasonable apprehension of the same, can seek a protective order. As explained in Protective Orders Under Virginia Law, these orders can be sought via a court or a magistrate 24 hours a day, 365 days a year on … Read More »


Grandparent Rights in Virginia

Posted on April 14th, 2014, by Ariel Baniowski in Custody, Family Law. No Comments

Grandparents may seek custody or visitation of their grandchildren for any number of reasons. Perhaps one or both parents have become incapacitated, incarcerated, or otherwise unfit to have custody. Or perhaps a grandparent feels that a parent is preventing them from maintaining a health relationship with a grandchild. What recourse does a grandparent have in one of these situations? What are a grandparent’s rights to custody and visitation in Virginia?

Grandparent Custody Rights in Virginia

In Troxel v. Granville, 530 U.S. 57, 65 (2000), the U.S. Supreme Court established that parents have an inherent constitutional right in rearing their children. The Court stated that the “interests of parents in the care, custody and control of their children… is perhaps the oldest of the fundamental liberty interests recognized” by the Court. However, this right belongs only to parents—it does not belong to grandparents. … Read More »




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