MacDowell Law Group, P.C.

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Fairfax Legal Blog

Why do negligence claims focus on "the reasonable person?"

Each day Virginia residents are expected to do their best as they work in their jobs, take care of their families and interact with their communities. They strive to provide themselves and their loved ones with the care and consideration that they require to be successful. However, as humans, many people will make mistakes and cause accidents from time to time that fall outside of their efforts to always be at their best.

These mistakes and accidents are often caused by negligence, which occurs when individuals fail to act reasonably given their circumstances. Personal injury legal claims are often built upon claims of negligence and individuals who assert that others hurt them because of negligence may state that the responsible parties did not act as reasonable people would in their situations.

When should you protect your parenting time?

In the months and years following a divorce, many parents find it difficult to know when to protect their parenting time and when to practice flexibility. Some parents allow too much flexibility in their shared parenting time and miss valuable experiences with their children, while others may not allow for events beyond the other parent's control.

Most parents understand that the time they spend with their children is precious and once it is gone, they cannot replace it. Protecting parenting rights is important, especially if one parent's behavior takes away time from the other parent. Depending on the circumstances and impact on parenting time, bad behavior like this may require the help of the court.

Requirements for a Virginia divorce

In order to file for divorce in Virginia, there are a number of requirements that individuals must meet in order to be able to use the courts of the Commonwealth for their proceedings. This post will explain some of the most relevant issues that individuals will have to confront to get divorced in Virginia, but readers are asked to discuss their own divorce cases with their family law attorneys to get actual legal advice.

First, residency is an important issue that can keep a divorce out of the courts of Virginia. To be eligible to file, a person or their spouse must be a resident of Virginia and living in the Commonwealth for at least six months before the suit to divorce is filed. The failure to meet this requirement may bar a divorce action from occurring.

Asserting self-defense to a charge of assault or battery

Getting into an altercation can be physically painful and legally problematic. Depending upon how a law enforcement official interprets the events of a fight, a Virginia resident may find themselves facing serious assault or battery charges. A conviction on such a criminal accusation can have lasting effects on a person's record and may impact their future in a negative way.

It is therefore in the interests of criminal defendants to offer defenses to the allegations that have been made against them. When a person is charged with assault or battery they may be able to assert self-defense as an explanation for the facts surrounding their charges. A claim of self-defense generally requires that several elements be proven in order to be successful at trial.

What is petit larceny?

A common charge to face here in Virginia after being accused of stealing is petit larceny. Petit larceny is one of the two main offenses that cover theft in state law. The other is grand larceny, which is the more severe of the two.

Whether a given theft would be petit or grand larceny depends on what was stolen.

Virginia law allows grandparents to seek visitation

Being a grandparent often involves many of the same joys that one experienced as a parent. From gift-giving to attending special events, you can provide your grandchild with material, emotional and social support.

You likely have a deep love for your grandchildren, as well as a desire to see them thrive. Grandparents often invest a significant amount of their personal time and money into the health, well-being and development of their grandchildren. Unfortunately, disruptions in the family can have a negative impact on relationships between grandparents and their grandchildren.

Car Flips off On-Ramp in Alexandria

A ramp connecting the western lanes of Duke Street to Telegraph Road was shut down for an unspecified amount of time on Monday, September 24th, after a single car crash left the roadway impassable due to the emergency response teams as well as the officers conducting the preliminary investigation into the incident.

Single Car Crash near Annandale Leaves New York Man Dead

On Thursday, September 27th, a 46-year-old man man from New York was driving their car through Annandale in Fairfax County. Reports from the Fairfax County Police Department indicate that this was around 1:30 in the morning. It is not clear where the man was traveling from, and it is also not clear where they were going to. The car being driven by the 46-year-old man was a Mercedes Benz van.

Fairfax County Crash Leaves Pedestrian Dead

Police with the Annandale Police Department inside of Fairfax County have issued a statement regarding the death of a pedestrian on the night of Friday, September 21st. According to the statement, the incident is still under investigation; however it is believed that the police completed the majority of information gathering and no charges are currently pending against any individual connected with the fatality.

60 Gallons of Fuel Spill onto Roadway after Alexandria Crash

Emergency crews found themselves rushing to both assess the individuals involved in an auto accident in Alexandria as well as clean up an oil spill that resulted from the collision on Wednesday, September 26th. According to the official reports, the crash happened around 11:15 in the morning and involved two vehicles, one of which was a large dump truck.

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MacDowell Law Group, P.C.

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Fairfax, VA 22030

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