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Author Archives: Virginia Lawyers Weekly

Default for missed pleading deadline upheld (access required)

Code § 8.01-428(D) does not grant a court unlimited power to set aside a default judgment, and, as a result, where petitioner missed a pleading deadline in the underlying action, the default judgment granted in respondent’s favor is upheld. Parties’ positions ...

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Motion to remit fines and costs denied in part (access required)

Where defendant has moved to remit fines and costs associated with his plea-based convictions of indecent exposure and three counts of obscene sexual display, the expenses associated with court-ordered sex offender treatment, GPS monitoring and a sex offender polygraph cannot ...

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‘Good cause shown’ in gun rights restoration case (access required)

Petitioner, a convicted felon whose civil rights have been restored, will have his right to possess firearms and ammunition reinstated because he has met Code § 18.2-308.2’s “good cause shown” standard as determined by the court’s evaluation of “a non-exhaustive ...

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Attendance at two prior driving revoked trials backs third conviction (access required)

In rejecting a woman’s challenge to being found guilty of driving after forfeiture of her license, the court said the evidence showed she had twice been convicted for driving on a revoked license, and had notice of these prior convictions ...

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Appeal lost over failure to challenge basis for terminating rights (access required)

Because the father did not challenge the circuit court’s alternative basis for terminating his parental rights, meaning  those rights would remain terminated even if he prevailed on the issue he was appealing, the appellate court affirmed the lower court’s decision. ...

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Failure to get counseling forfeited father’s rights (access required)

The father’s failure to comply with the Department of Social Services requirements for counseling and the therapist’s recommendations supported the circuit court’s decision that he was not prepared to care for his child, who suffered from numerous medical conditions. Background ...

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No basis for award of ‘equitable restitution’ (access required)

Although the divorce statute allows a court to make an award of spousal support or equitable distribution, the court found there is no authority under statute to make an award of “equitable restitution,” and it vacated the $150,000 “equitable restitution” ...

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