The Livesay & Myers Blog
U.S. immigration law provides some advantages for those who have served in the U.S. military and their families. These special programs include expedited citizenship and now, “parole in place.” In November 2013, U.S. Customs and Immigration Services (“USCIS”) outlined how parole in place may help immediate family members of U.S. servicemembers gain permanent residency (“green cards”). This initiative is designed to assist military members whose immediate family members are present in the U.S. without having first been properly admitted by U.S. Customs and Border Patrol. This policy provides a way for these close family members to obtain a green card and eases the stress of the military family during the process.
Generally, immigrants who are in the United States must have been properly admitted by Customs and Border Patrol in order to be able to apply for a green card. If not … Read More »
When a child is removed from the United States by a parent, or retained in a country not the United States beyond an agreed-to period of time, and in violation of a parent’s custodial rights, the left-behind parent is left feeling hopeless. Why? Because each country is a sovereign nation with its own judicial system, laws, and law enforcement, and a custody order from a United States court may not be recognized by a court abroad. In this age of increased international tourism and travel, as well as the growth of ethnically diverse, multi-national families, the widespread adoption of a piece of uniform legislation that facilitates the return of abducted children is paramount. Thus, we have the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”).
What is the Hague Convention?
The Hague Convention, concluded in October 1980 and … Read More »
If you are going through a divorce or other family law case, it is advisable to hire an experienced family law attorney as early in the process as possible. Not only will your attorney help guide you through the process, he or she will also serve as your advocate and voice so that you can get the best possible result without having to stand alone. It is no secret, however, that legal fees in a family law case can be expensive—and you want to receive value for your money. Here are five tips for getting the most from the relationship with your family law attorney:
Pick wisely. Not all attorneys are created equal. Make sure you feel comfortable with your attorney’s personality, level of professionalism, and views about your case. Feel free to seek a second opinion with another attorney so that you … Read More »
If you have been accused of domestic violence, you should be aware that the issuance of a civil protective order order can, and very well may, affect your right to purchase, possess or transport a firearm in Virginia.
Federal Law Regarding Firearms and Domestic Violence
The best known restriction is found in federal law, which prohibits you from possessing, shipping, transporting, or receiving any firearm, if four conditions are met:
a protective order has been issued against you.
the protective order pertains to your “intimate partner” or the child of such “intimate partner.” The term “intimate partner” is defined to include a spouse, former spouse, person with whom you have a child or have cohabited, but not a girlfriend or boyfriend with whom you have not cohabited.
the protective order was issued after an evidentiary hearing, and you had notice and an opportunity to … Read More »
We have all seen the flashing blue lights on the side of the road while traveling, and had our basic human nature kick in and cause us to wonder why that person was pulled over. While the reason may occasionally be serious (drunk driving, etc.), many times the initial cause for the stop is surprisingly minor. Serious traffic offenses like driving under the influence (DUI) or with a suspended license often come to the police’s attention through a minor traffic offense. In some cases, police who have pulled a person over for a minor traffic violation then find evidence of serious non-traffic offenses—for example, possession of illegal narcotics. During periods of heavy traffic enforcement such as the holidays, police will often target enforcement of minor traffic infractions with an eye towards catching more serious behavior that is harder to detect. If … Read More »
In this interview last night on 92.9 The Game, Livesay & Myers criminal attorney (and former prosecutor) Eugene Oliver spoke at length about the investigation into the rape allegation against Florida State quarterback Jameis Winston. In the interview, Mr. Oliver predicted that the prosecutor would not bring a criminal charge against Winston—a prediction that came true today at the prosecutor’s press conference in Tallahassee.
92.9 The Game is a sports radio station in Atlanta, Georgia.
The DUI lawyers at Livesay & Myers have years of experience in aggressively defending clients against DUI and DWI drunk driving charges in Northern Virginia. Our DUI attorneys in Fairfax, Fredericksburg and Manassas can help you fight the charges against you, in order to win an acquittal or at least minimize the potential damage to your liberty and livelihood. In addition to potential jail time and court fines, conviction on DUI or DWI charges could impact your career, security clearance and insurance costs. The stakes are too high in these cases for you to go it alone—you need representation by experienced DUI attorneys.
What Constitutes DUI or DWI Drunk Driving in Virginia?
For Virginia residents, or anyone driving in Virginia, what exactly constitutes drinking and driving as a criminal offense?
First things first: if you have consumed any alcohol and need to get to another location, … Read More »
Many couples who separate for the purpose of divorcing do not have the financial resources or the desire to spend their financial resources on retaining attorneys. We attorneys aren’t offended by the idea of couples mediating between themselves an amicable resolution. However, we always caution people to speak with an attorney before signing any agreement. Some might think it’s our way of getting your money—but the reality in Virginia is that once an agreement is signed it is extremely difficult, if not impossible, to set aside.
There is a long standing principle that people can make as good or as bad of a contract as they want. This is especially true in separation agreements, which can be set aside in Virginia only on limited grounds—when they were entered into under “undue influence” or are “unconscionable.”
The difficulty of setting aside separation agreements … Read More »
As we have previously discussed here at the Livesay Myers Blog, the Servicemembers Civil Relief Act (SCRA) can have a significant impact in a family law case where one party is a member of the Armed Forces. The SCRA provides paths for servicemembers on active duty to delay litigation in which they are involved. Key points that servicemembers often ignore with respect to the SCRA are (a) that it only provides a temporary delay to their litigation and (b) that the servicemember is required to actively seek relief under the SCRA.
These points were discussed in a recent Marine Corps Times article regarding a soldier who appealed a child support court order to the Alaska Supreme Court. The soldier argued in his appeal that the SCRA protected him from any negative consequences of civil litigation as long as he is on active … Read More »
You’re a resident of Fairfax County and you have just received every parent’s nightmare—a phone call from the police telling you that your child has been arrested and will be facing criminal charges. For many parents, this will be your first interaction with the justice system and it is important to know that the juvenile system in Fairfax County is nothing like what you see on Law & Order or other TV shows. In fact, the juvenile system is so different from the adult criminal system in Fairfax, in terms of procedure and terminology, that many long-time attorneys find it confusing.
Every criminal charge for a juvenile in Fairfax starts with a “petition” (as opposed to a warrant or indictment for adults). The petition will state the child’s name and address, the name and address of the child’s parents and/or guardians, … Read More »