Frequently Asked Questions - FAQ

Confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

Va Code §18.2-11

If you are charged with DWI 1st under VA Code 18.2-266, it is a misdemeanor.

The age and physical and mental condition of each parent; the relationship existing between each parent and each child; the needs of the child; the role that each parent has played and will play in the future, in the upbringing and care of the child; the propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child; the reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age, and experience to express such a preference; and any history of (i) family abuse as that term is defined in § 16.1-228; (ii) sexual abuse; (iii) child abuse; or (iv) an act of violence, force, or threat as defined in § 19.2-152.7:1.

Va Code § 20-124.3. This list is not exhaustive.

Cruelty, abandonment and adultery.

Va Code § 20-91.This list is not exhaustive.

Virginia Code section 20-124.1 states that a "person with a legitimate interest" shall be broadly construed and includes, but is not limited to, grandparents, step-grandparents, stepparents, former stepparents, blood relatives and family members provided any such party has intervened in the suit or is otherwise properly before the court. The term shall be broadly construed to accommodate the best interest of the child.

A family abuse protective order may be issued for a specified period of time up to a maximum of two years. However, if the court finds, based upon evidence presented, that the respondent has been subject to a previous order issued within 10 years pursuant to this section, the protective order may be issued for a specified period of time up to a maximum of four years.

The protected party can file a motion wherein they ask for a hearing to extend the protective order. (VA Code 16.1-279.1 B1)

Yes, a court can order a temporary child support order during a protective order proceeding. (VA Code 16.1.-279.1 A1) A court can also enter an order wherein it awards temporary child custody.

This court hears cases involving child custody, child support, child visitation, the termination of parental rights, status offenders, juvenile delinquency, children in need of services, children in need of supervision and protective orders.

This list is not exhaustive.

Yes, a court can appoint a guardian ad litem to represent the best interest of a child during a custody case.

Can child protective services petition the court for custody of my child? Yes. Can they remove my child from my home without first obtaining a court order? Yes.