Victoria Lee Allen’s Answers

Victoria Lee Allen

Manakin Sabot Family Law Attorney.

Contributor Level 14
  1. Can you ask someone to write a letter about your character, but not tell them that it is for a DUI? Will they be called by court

    Answered about 1 year ago.

    1. Victoria Lee Allen
    2. Rixon Charles Rafter III
    3. Brenton Daniel Vincenzes
    4. Chad Gray Dorsk
    5. Derek Anthony Patrin
    5 lawyer answers

    If you have been charged with a DUI here in Virginia, you really need to hire an attorney. This is a serious charge with long-lasting ramifications. Your question tells me that you are completely unprepared for court, have not spoken with an attorney, and do not intend to hire an attorney. My best recommendation to you is to start dialing attorneys in your area immediately. Some may speak with you on an initial consultation for free. Most will consider taking this on a flat fee basis....

    10 lawyers agreed with this answer

  2. My spouse has another man and his children living in her house along with our own children, is this situation legal.

    Answered over 1 year ago.

    1. James Donald Garrett
    2. Victoria Lee Allen
    3. Joseph Michael Pankowski Jr
    3 lawyer answers

    I changed your sub topics to divorce and filing for divorce. It appears that you are waiting for the one year period before filing for divorce. However, you can immediately file for divorce based upon cause. The cause in this case is adultery. Adultery can be a bar to spousal support and can have an impact on other issues. Having the children in that environment, so quickly especially, tends to show that your spouse is not making good decisions regarding the health and safety of your...

    10 lawyers agreed with this answer

  3. My wife received insurance settlements from car accidents while we were married. Are those considered marital property?

    Answered over 1 year ago.

    1. Victoria Lee Allen
    2. Larry Alan Apfelbaum
    3. George Costas Andriotis
    3 lawyer answers

    The answer in Virginia is not straight-forward. Settlement funds meant to replace or repair a vehicle are marital property as are funds meant to pay for the actual medical bills. Funds meant to compensate for pain and suffering are typically separate property of the person injured. Here is the relevant portion of Va. Code section 20-107.3 H. In addition to the monetary award made pursuant to subsection D, and upon consideration of the factors set forth in subsection E, the court may...

    10 lawyers agreed with this answer

  4. Im getting pretty nervous here.. i have got so many different takes from the courts on getting a restricted drivers license ...

    Answered almost 2 years ago.

    1. Victoria Lee Allen
    2. Stephen Patrick Pfeiffer
    3. John Weber III
    3 lawyer answers

    Each judge does treat these differently and there's no way a lawyer can guarantee an outcome. However, when the individual has a schedule and has complied with everything else, the judge tends to approve the schedule. Sometimes, when a person must drive for work itself, or when the days vary, the judge tells the individual to keep their work schedule with them in the car. So, if the individual is pulled over for something they will have the ability to show the officer that they are going to...

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  5. What are the elements of conversion in Virginia and are there any VA Supreme Court cases you could cite?

    Answered over 1 year ago.

    1. Victoria Lee Allen
    2. James Donald Garrett
    2 lawyer answers

    More details are necessary. You may have trouble finding a VA Supreme Court case on the matter because there is not much that would be of issue. The most likely finding would simply be over what damages are permissible. That is why more specific information may be of help. Also, depending upon the type of specific property, there may be some VA statutes that apply to it directly. The common law definition of conversion is the taking of the property of someone else, either by destruction,...

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  6. My son died in Florida while on vacation but lives in Virginia(resident) - where should the probating of his estate take place?

    Answered over 1 year ago.

    1. Victoria Lee Allen
    2. David Majors
    3. Bill Zukauckas
    4. Charles Adam Shultz
    4 lawyer answers

    Since he was only vacationing in Florida, Virginia is the appropriate place for probate. Since he does not have a lot of assets, you may be able to do this with a small estate affidavit rather than going through full probate.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. How to recover loan made to a friend's LL without a contract

    Answered over 1 year ago.

    1. Victoria Lee Allen
    2. Darren Marshall Hart
    3. Michael T Millar
    3 lawyer answers

    A verbal contract is still a contract. In addition, you have supporting documentation of the contract and the transfer. If you have any indication of the repayment terms, that will help you even more. Even if you don't, and the friend is refusing to answer you or negotiate repayment plans, that may be considered an "anticipatory breach" of the contract. The next issue you may have, but which the emails may show, is whether the friends personally guaranteed the loan. If she personally...

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  8. Can i be arrested for missinf court if i was never informed of said court date?

    Answered over 1 year ago.

    1. James Donald Garrett
    2. Victoria Lee Allen
    3. Benjamin Pearce Titter
    3 lawyer answers

    An arrest warrant can be served against you. Lack of actual notice is a defense, but it doesn't mean that you will not be arrested for Failure To Appear.

    7 lawyers agreed with this answer

  9. Can mediation for child custody be stopped? All parties have come to a mutual agreement, after the first court date.

    Answered over 1 year ago.

    1. James Donald Garrett
    2. Victoria Lee Allen
    3. Thomas O. Moens
    4. John P Corrigan
    4 lawyer answers

    You are typically ordered to meet with a mediator at least once. Since you appear to have reached agreement, and the mediation is already scheduled, you can simply take your agreement to the mediator for them to enter with the court. Or, if you have attorneys representing you, have them contact the mediator to indicate an agreement has been reached and a consent order has been signed for entry by the court. Just to put your mind at ease, it sounds like you think a mediator is someone who...

    7 lawyers agreed with this answer

  10. I was in a accident today, vehicle steering wheel locked up, went down a ditch only one car and got a ticket will i go to jail?

    Answered over 1 year ago.

    1. Seth Raven Carroll
    2. Victoria Lee Allen
    3. George Costas Andriotis
    4. Daniel Nelson Deasy
    5. Christian K. Lassen II
    5 lawyer answers

    You probably received a ticket for reckless - a misdemeanor. However, it sounds like you have some defenses. Not only that, but there would have had to have been really extreme facts for the Commonwealth to ask for jail time on a one car wreck. Try to relax, talk to some local attorneys, or go sit in the court on traffic day one day. You'll see what that specific judge tends to rule for similar cases.

    7 lawyers agreed with this answer