The Livesay & Myers Blog


Guide to the Criminal Process in Virginia

Posted on January 24th, 2014, by James Livesay in Criminal Defense. No Comments

Being charged with a crime is, for almost anyone, a nerve-racking experience. If you are being investigated or have already been charged with a crime in Virginia, the first thing you will want do do is refuse to speak to the authorities without an attorney present. Then of course you will want to find an attorney as soon as possible. Finally, you should do a little research both as to the particulars of the criminal charges you are facing, and as to the overall criminal process in Virginia.

To help you on that last point, h​ere is a guide through the five steps of the ​judicial process in Virginia​, and what to expect from a good criminal defense attorney throughout each stage:

Step 1: Initial Investigation. The best criminal lawyers usually advise clients to remain silent when questioned by law … Read More »


Look Out For These Traits of Lazy or Dishonest Family Lawyers

Posted on January 23rd, 2014, by Matthew Smith in Divorce, Family Law. 1 Comment

In the course of almost a decade practicing family law in Virginia, I’ve been able to identify some of the best and worst practices in the field. Four times out of five, if I’m familiar with opposing counsel in a case of mine, I’ll know how the case will proceed. After a while you can identify the attorneys who have their clients’ best interests constantly in mind, and the ones who are lazy or (far worse) less than honest and have the tendency to “milk” a case when simple solutions exist. Luckily these attorneys make up only a narrow sliver of our practice area, but their behavior can give us all a bad name.

Attorneys matter, and who you and your spouse select will have an enormous impact on the way your divorce plays out, for better or worse. Here are … Read More »


How to Benefit Your Case and Keep Costs Down in Discovery

Posted on January 22nd, 2014, by Stephanie Sauer in Custody, Divorce, Family Law. No Comments

When going through a contested divorce or custody case many clients struggle with the concept of discovery, why it is necessary, and how it can benefit their case. Discovery is the legal process in which a party may ask questions of the other party and request documents relevant to the case. Discovery is an integral part of the litigation process because it provides notice to each side of the specific issues in contest, and evidence to help build their case. Many clients find that discovery can be their greatest asset or their worst enemy. For those clients that struggle with the discovery process it is generally because they are unprepared. Here are five tips for making the discovery process work for you:

Prepare before or at the beginning of the case. Discovery is typically issued at the onset of the case. Once … Read More »


Virginia Legislature Considers Decriminalizing Adultery

Posted on January 20th, 2014, by Stephanie Sauer in Divorce, Family Law. No Comments

Delegate Scott A. Surovell, a Fairfax family law attorney, has introduced House Bill 940 (HB 940) to decriminalize adultery in Virginia. Virginia Code Section 18.2-365 defines adultery as the act of a married person voluntarily engaging in sexual intercourse with any person not his or her spouse. Currently, adultery is punishable in Virginia as a Class 4 misdemeanor—which has serious repercussions for parties seeking to divorce their spouse based on the ground of adultery.

Because adultery is a crime in Virginia, a spouse accused of adultery in a divorce can assert their 5th Amendment right against self-incrimination, and refuse to answer questions about the adulterous behavior. This can make proving adultery in Virginia divorce cases extremely challenging. In effect, the criminal law against adultery serves to shield those accused of adultery in their divorce cases.

If HB 940 passes and becomes law, the penalty for committing adultery would … Read More »


Revenge Porn – Why It May Soon Be Illegal in Virginia

Posted on January 18th, 2014, by Stephanie Sauer in Criminal Defense, Family Law. No Comments

We’ve all heard or seen the stories: a scorned husband posts, tweets, uploads, or emails pictures of his wife engaged in sexual acts with someone other than him. Most people are so angry and hurt in the moment that they don’t think about the repercussions—to their significant other or themselves.

Various websites now allow people to post sexual photos of past lovers or spouses, often with explicit commentary. Some of them, such as myex.com, then demand fees to remove material that has been posted. The aftermath of the online harassment for the victim (which is usually, although not always, a woman) can be devastating.

Activists are lobbying state legislatures across the county to take action and prevent this behavior, which has become known as “revenge porn.”

Delegate Marcus Simon of Falls Church introduced House Bill 49 to address, at least in part, revenge porn in Virginia. … Read More »


New Guidance for Continuing Child Support for Disabled Children

Posted on January 17th, 2014, by Stephanie Sauer in Family Law. 1 Comment

On January 14, 2014, in the published opinion of Mayer v. Mayer, the Virginia Court of Appeals provided some much-needed guidance regarding continued child support for disabled children under Virginia law. Per Virginia Code § 20-124.2 a parent may petition and the court may grant the continuation of support for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, (b) unable to live independently and support himself, and (c) resides in the home of the parent seeking or receiving child support. However, there has been no bright-line rule as to whether the petition for continued support has to be filed before the child is emancipated in order for the court to consider it, or whether it can be filed after emancipation. The Court of Appeals in Mayer greatly clarified Virginia law in this area, by ruling that (1) … Read More »


Virginia Legislature Considers Streamlined Custody Procedures

Posted on January 16th, 2014, by Benjamin Carafiol in Custody, Family Law. No Comments

Modification to Virginia Code Would Allow Consolidated Petitions

The issues of child custody and visitation are about as connected as any two issues can be. If you have any experience with Virginia custody cases, however, you know that it can feel like each part of your case has its own case number. And that’s because, by and large, it does! The Juvenile and Domestic Relations District Courts here in Virginia will assign one identification number for a child custody case and give a second, different number to a visitation case… for the same child. If paternity is an issue that becomes a third case number. And if there are multiple children, well, each child gets his or her own set of unique case numbers for his or her custody matter. Parents in a custody dispute can find themselves with more than … Read More »


Dress the Part: What to Wear to Court

Posted on January 15th, 2014, by Eugene Oliver in Criminal Defense. No Comments

In planning for a court appearance in a criminal case, many defendants and witnesses overlook one crucial aspect of preparation—what to wear. Far too many people pay far too little attention to what they wear to court and if you are fortunate enough not to be appearing in a jail-issued jumpsuit, you definitely should follow established courtroom fashion etiquette.

By courtroom fashion etiquette, I am not intending this to be the type of fashion guide you would find in GQ or Vogue. Courtroom etiquette is simply based on tradition and some common sense. You only have one opportunity to make a first impression on the judge, prosecutor, and any jurors. Take advantage of that opportunity by following theses do’s and don’ts in dressing for court:

DO – Wear a suit if you have one, or at least a collared shirt or sweater … Read More »


Eight Tips For Your Case in Prince William General District Court

Posted on January 14th, 2014, by Benjamin Griffitts in Criminal Defense. No Comments

Are you facing traffic or misdemeanor charges in Prince William County General District Court? If so, this article is for you. I will provide some tips for handling your case, while hopefully helping you decide whether you should hire an attorney. (If you are charged with a felony, my advice is to have an attorney whether you retain one or accept a court-appointed attorney).

Tip #1: Be early and be attentive. The General District Court (“GDC”) in Prince William County hears matters at 9:00 a.m., and occasionally at 10:30 a.m. There are two entrances to the courthouse, but 99% of the people use the main entrance. This can cause a delay in appearing in court when you factor in time for finding parking. 9:00 a.m. is when the judge is scheduled to take the bench, not the time when you should arrive on the courthouse grounds. Once … Read More »


Home State Jurisdiction Under the UCCJEA

Posted on January 13th, 2014, by Danielle Snead in Custody, Family Law. No Comments

Parties in custody or visitation disputes often find themselves in two separate counties or even states. This frequently leaves the parties to wonder which court has the authority to resolve the outstanding issues. If parties to a custody dispute, in which no previous order has been issued, file petitions in two different states, the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) will dictate which state has the authority to make the custody determination. The UCCJEA is an act that has been adopted by 49 out of the 50 states, including Virginia, as an attempt to provide consistency between the states and prevent parents from moving to a certain state for a preferential outcome.

Generally, under the UCCJEA, a state will have jurisdiction to make an initial custody determination if it was the home state of the child when the petition was filed … Read More »




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