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Newport News Criminal Law Blog

Be very careful on social media during a divorce

Virginia has one of the lowest divorce rates in the country. Approximately 9.9 percent of Virginia residents have gone through a divorce. If you are included in this statistic, there are numerous things you can do during the actual divorce process to make things easier on yourself.

Many experts recommend having a support network of people to talk to and staying involved in activities that make you happy. Additionally, it is important to be mindful of your social media use during a divorce. You can make your life more difficult by using Facebook, Twitter, Instagram and other social media in an indiscriminate manner. 

Can you fight for sole custody?

If you're a parent going through divorce, one thing you may be worried about is obtaining custody. In most courts, judges want to see parents share custody. This is because it's healthier for children to see both parents. However, judges will allow for sole custody or unbalanced schedules if there is a significant reason for the arrangement.

If you want to obtain full custody, you'll need to show a few things including the physical needs of your child, your ex-husband or wife's negative influence on your children and show that the request is for the sake of your children. No judge wants to hear a parent disparage the other to obtain full custody when there is no reason, but a judge will be happy to hear you out if there is a problem due to abuse, drugs, alcohol or other serious concerns.

Parenting time interference is a violation of the law

It's very important that both parents get time with their children following a divorce. In most cases, parenting time is spelled out in court documents, making it easy to see where your child should be and when. If you interfere with the visitation schedule without good reason, it could come back to haunt you.

Not all parents get along following a divorce, but to be fair to one another, you need to make sure your ex-partner gets to see his or her children in accordance to your custody orders. It's not acceptable to decide to keep your child longer than the time you're allowed unless there are extraneous circumstances. Even then, you need to get a court involved quickly.

Who is at risk for a drunk-driving crash?

Drunk driving is a serious threat to everyone on the roads in the United States. No matter how old the driver is, who is driving or where he or she is from, the reality is that getting behind the wheel while intoxicated puts lives at risk.

It's because of the risks posed by drunk driving that drunk drivers are penalized harshly in every state. Nationally, those with a blood alcohol concentration (BAC) of .08 percent or higher are driving over the legal limit and may be charged with drunkenly driving. Even if your BAC is lower than .08, there's still a risk that you could be charged if you're driving dangerously and have alcohol in your bloodstream. For commercial drivers and those under 21, the legal BAC limit is lower. Commercial drivers must have a BAC of .04 percent or lower, while those under 21 usually need to have a BAC of .02 percent or lower to avoid penalties.

Sometimes, victims are accused of domestic violence

Verbal abuse is a kind of domestic abuse. It's one form that has the potential to lead to physical violence, but it doesn't necessarily result in physical violence every time.

Verbal abuse can be just as painful as a physical attack, and it can have lasting consequences for the victim. Notoriously, those who victimize others verbally often blame the victim, even when it's their own behaviors that lead to an arrest or argument. For example, the abuser may claim that the other party was trying to start a fight or was trying to control him or her, leading to the abuseful behavior.

How does an adoption affect you?

Adoption impacts people in many ways. The children get to live in a supportive home environment. The parents get to bring home children they've wanted to have in their lives. It's true that adoption has many benefits, but it also has some stressful factors to consider.

Every parent and child is unique. Likewise, every family is unique. No two situations are going to be the same, so it's important to think about your decision to adopt thoroughly before going through with it. When you decide to adopt, you need to consider how a child will fit into your life, affect the dynamic in your household and how you truly feel about adopting from foster care or a place where the child could have been traumatized or abused. As a parent, you need to be a stable, supportive party in an adoption. There is support for you out there, but for a child, you need to be strong.

When should you worry about child custody?

If you plan to go through with a divorce, one of the very first things you have to do is devise a child custody and visitation plan. Your child must come first during your divorce, even if you feel there are more pressing matters than his or her immediate placement.

When you divorce, things can become negative between you and your spouse. It's important to focus on custody arrangements that relieve stress, not add to it. To start with, create an immediate temporary plan. State what you expect out of visitation or custody. Talk about who will have custody on which days and on holidays in the initial plan.

Priorities can change for older couples facing divorce

It is a major event to end a marriage that spans two or three decades -- or more -- but some seniors tend to view divorce differently than they would have at age 40 or even 50.

With time, priorities change. There are new vistas to contemplate along with new concerns. If you are a senior who is facing divorce, here are five things to keep in mind.

Fight an aggravated DUI if you're placed under arrest

An aggravated DUI is not the same as a typical DUI charge, because it means you're driving with a blood alcohol concentration (BAC) well above the limit of .08 percent. Typically, the aggravated limit is between two and three times higher than .08 percent, making it extremely likely that you're too intoxicated to drive safely. The aggravated DUI level in Virginia is .15 percent.

Not all aggravated DUIs require a BAC over .08 percent, though. In fact, if you are traveling while intoxicated and have children under the age of 16 in your vehicle, you could face aggravated DUI charges. It's also possible to receive this charge if you've driven drunk in a school zone or hurt someone while driving drunk. If you have previous convictions, this is likely to lead to an aggravated charge.

DUIs impact drivers from all walks of life: What you need to know

DUIs are clearly dangerous. Everyone is aware that drunk driving can kill, and most people know that driving when they're intoxicated makes them react more slowly and less likely to respond to hazards in the roadway. Despite that, people do still get behind the wheel when they're intoxicated. These individuals put themselves and others at risk of being in a serious crash.

There are many reasons that you should avoid drinking and driving. Here are a few important facts that you should know about DUIs.

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