cheryl-benn

What Happens If You’re Convicted of a Misdemeanor in Virginia?

Thu, 09 Apr 2026 14:00:11 GMT

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Many people hear the word misdemeanor and assume it’s not a big deal. In reality, a misdemeanor conviction in Virginia can have lasting consequences that impact your freedom, finances, and future opportunities. If you’re facing charges in Hampton Roads, understanding what’s at stake is the first step toward protecting yourself.

At Cheryl Eddy Benn, P.C. , we work with clients every day who are surprised by how serious misdemeanor charges can be—and how important it is to fight them.

Understanding Misdemeanors in Virginia

Virginia divides misdemeanors into four classes, with Class 1 misdemeanors being the most serious . These can include charges such as:

DUI
Assault and battery
Petty larceny (shoplifting)
Reckless driving

Even lower-level misdemeanors can still carry penalties that disrupt your life.

Potential Penalties for a Misdemeanor Conviction

If you are convicted of a misdemeanor in Virginia, you could face:

1. Jail Time

A Class 1 misdemeanor can result in up to 12 months in jail . Even lesser charges may still involve incarceration depending on the circumstances.

2. Fines and Court Costs

You may be required to pay fines up to $2,500 , along with additional court fees and restitution.

3. Probation

Judges often impose probation, which can include:

Regular check-ins
Drug or alcohol testing
Mandatory classes or counseling

Violating probation can lead to further penalties or jail time.

Long-Term Consequences You Might Not Expect

A misdemeanor conviction doesn’t end when your case is closed. It can follow you for years.

4. Permanent Criminal Record

A conviction will appear on background checks , which can impact:

Job opportunities
Housing applications
Professional licenses

5. Loss of Opportunities

You may lose:

Security clearance
Access to certain government programs
Eligibility for some educational or financial aid options

6. Driver’s License Suspension

For certain offenses like reckless driving or DUI, your license could be suspended, affecting your ability to work and handle daily responsibilities.

“It’s Just a Misdemeanor” — Why That Thinking Is Risky

Many people underestimate misdemeanor charges, only to realize later how much damage they can cause. A conviction can limit your future in ways you didn’t anticipate.

That’s why having strong legal representation matters. The right defense can:

Challenge weak evidence
Identify flaws in the prosecution’s case
Work toward reduced charges or dismissal

At Cheryl Eddy Benn, P.C. , every case is approached with determination and attention to detail, helping clients pursue the best possible outcome.

How a Criminal Defense Attorney Can Help

When you work with a Hampton Roads misdemeanor attorney, you gain someone who will:

Evaluate every aspect of your case
Build a defense tailored to your situation
Advocate for you in court
Fight to minimize penalties or avoid conviction altogether

Even if the evidence seems strong, there may be opportunities to negotiate or challenge the charges.

Don’t Face a Misdemeanor Charge Alone

A misdemeanor conviction in Virginia can lead to jail time, financial strain, and long-term consequences that affect your future. You don’t have to take that risk on your own.

Cheryl Eddy Benn, P.C. is ready to stand by your side and fight for your rights.

Call 757-895-7493 today to schedule a consultation and discuss your case. The sooner you act, the more options you may have.

What Happens After You File a Protective Order in Hampton Roads?

Thu, 12 Mar 2026 16:30:02 GMT

What Happens After You File a Protective Order in Hampton Roads?

Filing a protective order in Hampton Roads is a courageous step toward safety and peace of mind. It can feel overwhelming, especially when you’re unsure what comes next. At Cheryl Benn Law , we are committed to guiding you through every stage of your protective order journey with compassion and clarity.

Whether you’ve recently filed your petition or are considering taking the first step, understanding the process ahead can help ease your concerns and prepare you for what’s to come.

1. Your Petition is Reviewed by the Court

After you file your protective order petition, the court will review it. This review happens quickly because protective orders are time-sensitive and critical for your safety. The judge evaluates the information you provided to determine whether a temporary protective order should be issued while your full hearing is scheduled.

A temporary protective order can go into effect immediately and may include provisions like:

No contact from the respondent
Stay-away orders from your home, work, or school
Restrictions related to firearms
These orders are legally binding as soon as they are signed by the judge.

2. The Respondent Is Served

Once the court issues the order, the respondent (the person named in the petition) must be formally served with a copy. This is a legal requirement — they must be notified of the order and the date of the full hearing.

The respondent is typically served by law enforcement or a process server. They are legally required to attend the hearing and comply with the protective order immediately.

3. Preparing for Your Protective Order Hearing

Before your hearing date, there are several important steps to take:

Gather Evidence. Photos, text messages, witness statements, medical reports, and police reports can all provide important support.
Organize Your Story. Being clear and direct when telling your experience helps the judge understand your situation.
List Your Concerns. Writing down specific instances of abuse, threats, or harassment can make your testimony stronger.

At Cheryl Benn Law, our team can help you prepare your case and walk you through what to expect at the hearing so you feel supported every step of the way.

4. The Hearing: You Have Your Say

At the hearing, both you and the respondent will have the opportunity to speak. You will present your story, answer questions from the judge, and share your evidence.

The judge’s role is to determine whether the protective order should be extended on a longer-term basis. If the judge believes there is reasonable cause to believe you’ve experienced abuse or threats, they may issue a permanent (longer-term) protective order.

5. After the Hearing: What Comes Next?

Once the judge issues a permanent protective order, it becomes enforceable. The order may include restrictions that keep the respondent away from you, your home, your workplace, your children, or other protected locations.

If the respondent violates the order, you should call law enforcement immediately. Violations of a protective order are a serious offense and can result in criminal charges.

6. You’re Not Alone — Legal Support Is Here

Going through a protective order process can feel isolating, but you don’t have to navigate it on your own. The team at Cheryl Benn Law is here to provide support, guidance, and legal representation tailored to your situation in Hampton Roads.

We are committed to helping you understand the process, preparing you for court, and protecting your rights at every stage. You deserve safety and peace of mind. Let us help you get there.

Call Cheryl Benn Law today at (757) 895-7493 to schedule a consultation and learn how we can help.

Charged with Assault in Hampton Roads? Here’s What to Do Immediately

Thu, 12 Feb 2026 18:15:01 GMT

Charged with Assault in Hampton Roads? Here’s What to Do Immediately

Being charged with assault in Hampton Roads can turn your life upside down in an instant. Whether the charge stems from a misunderstanding, an argument, or a heated situation, assault is taken seriously under Virginia law. The steps you take right after an arrest can significantly affect the outcome of your case.

At Cheryl Eddy Benn, P.C. , we understand how stressful and frightening this situation can be. Our criminal defense team is committed to protecting your rights and guiding you through the legal process from start to finish.

Stay Calm and Exercise Your Right to Remain Silent

After an assault charge, emotions often run high. However, it’s critical to remain calm and avoid making statements to law enforcement. Police officers may question you in ways that encourage you to speak freely, but anything you say can be used against you later.

You have the right to remain silent. Politely decline to answer questions until you have spoken with an attorney. This single step can help prevent unnecessary damage to your case.

Contact Cheryl Eddy Benn, P.C. Immediately

Time is one of the most important factors in any criminal case. The sooner you contact Cheryl Eddy Benn, P.C. , the sooner we can begin protecting your rights. Early involvement allows us to review the facts, preserve evidence, and develop a strong defense strategy tailored to your situation.

Our firm serves clients throughout Hampton Roads, including Virginia Beach, Norfolk, and surrounding areas. We work diligently to pursue dismissals, reduced charges, or favorable outcomes whenever possible.

Avoid Discussing Your Case With Anyone

It’s natural to want to explain your side of the story to friends or family, but discussing your case outside of your attorney can be risky. Statements made to others, including on social media, may be used as evidence against you.

For your protection, keep details of your case private and let your attorney handle all communication with law enforcement and prosecutors.

Understand the Assault Charges Against You

Virginia recognizes different types of assault charges, including simple assault and more serious offenses involving injuries, weapons, or certain alleged victims. Each charge carries its own potential penalties, which may include jail time, fines, probation, and a permanent criminal record.

At Cheryl Eddy Benn, P.C. , we make sure you fully understand the charges you’re facing and what they could mean for your future. Knowledge is a powerful tool when preparing your defense.

Follow All Court Orders and Legal Guidance

After being charged, you may receive instructions to attend court hearings, avoid contact with certain individuals, or comply with other conditions. Ignoring these orders can result in additional charges and complications.

Our firm will guide you through every requirement, helping you stay compliant while we focus on defending your case.

Don’t Wait — Protect Your Future Today

Assault charges can affect your career, reputation, and personal relationships. Waiting to seek legal help can limit your options and weaken your defense. Acting quickly gives your attorney more opportunities to challenge evidence and advocate on your behalf.

If you’ve been charged with assault in Hampton Roads, Cheryl Eddy Benn, P.C. is here to help . We provide dedicated criminal defense representation with a compassionate approach.

Call 757-895-7493 today to schedule a confidential consultation.

What Is a Simple Will and Who Needs One in Virginia?

Thu, 15 Jan 2026 16:00:06 GMT

What Is a Simple Will and Who Needs One in Virginia?

Planning for the future isn’t just responsible — it gives you peace of mind knowing your loved ones will be cared for and your wishes will be followed. One of the most important legal steps you can take is creating a simple will , especially if you live in Virginia.

At Cheryl Benn Law , we help individuals and families in Hampton Roads and across Virginia prepare simple wills that clearly outline how assets should be handled after death. Whether you’re just starting your estate plan or updating an existing will, understanding what a simple will is and who needs one is key.

What Is a Simple Will?

A simple will is a legal document that states how you want your property and belongings distributed after you pass away. It allows you to:

Name beneficiaries for your assets
Appoint a personal representative (sometimes called an executor)
Specify guardians for minor children
Provide instructions for personal property

In Virginia, a simple will must meet certain legal requirements to be valid, including being signed by you and witnessed properly. A well-drafted will ensures your wishes are followed and reduces confusion or disputes among family members.

Who Should Consider a Simple Will in Virginia?

A simple will isn’t just for the wealthy — it’s for anyone who wants control over what happens to their assets. You should consider a simple will if you:

1. Own Property or Financial Accounts

If you own a home, vehicles, bank accounts, or investments, a simple will provides clear direction for how these should be passed on.

2. Have Children

Parents of minor children should name a guardian in their will. Without a will, the court decides who will care for your children.

3. Want to Provide for Loved Ones

A will helps ensure friends or family members receive the items or support you intend for them.

4. Have Specific Wishes for Personal Effects

From family heirlooms to personal keepsakes, a will allows you to detail who receives what.

Why Having a Will Matters in Virginia

Virginia law provides default rules for how assets are distributed if someone dies without a will (intestate). This can mean:

Assets go to certain relatives based on state law, not your wishes
Courts appoint a personal representative
Family members may face delays or legal proceedings

A simple will gives you control and minimizes stress for your loved ones during a difficult time.

How Cheryl Benn Law Can Help

At Cheryl Benn Law , we guide you through every step of creating your simple will. Our approach is personal and focused on your needs. We take the time to explain Virginia requirements and make sure your will reflects your intentions.

Whether you’re just starting your estate planning journey or refining your existing documents, we are here to support you.

Take the Next Step Today

Don’t leave your family’s future to chance. Protect your legacy and secure peace of mind with a clear, legally valid will.

Call Cheryl Benn Law at (757) 895-7493 to schedule your consultation and get started on your simple will today.

What Is Guardianship in Virginia? Types, Duties, and When It’s Needed

Thu, 11 Dec 2025 21:00:05 GMT

What Is Guardianship in Virginia? Types, Duties, and When It’s Needed

Life can change quickly, and sometimes loved ones are no longer able to manage their own personal, medical, or financial affairs. In these situations, guardianship becomes an important legal tool that allows someone trustworthy to step in and make responsible decisions on their behalf.

In Virginia, guardianship is designed to protect vulnerable individuals—wh ether that’s a child, an aging parent, or an adult with disabilities. Understanding how guardianship works helps families take the right steps to ensure their loved one’s well-being and future security.

Understanding Guardianship in Virginia

Guardianship is a court-approved legal arrangement where one person (the guardian) is appointed to make decisions for another person (the ward), who is unable to manage their own affairs due to age, incapacity, or disability.

The purpose of guardianship is protection—not control. A guardian’s authority is limited to what the court allows and is always focused on the ward’s best interests.

In Virginia, guardianships typically fall into two main categories:

Guardianship of the Person – covering daily living, medical care, and overall well-being.
Conservatorship (Guardianship of the Estate) – covering financial management, property, and income decisions.

Types of Guardianship in Virginia

1. Full Guardianship

A full guardianship gives the guardian authority to make nearly all major decisions on behalf of the ward. This is usually granted when the person is completely unable to manage their own affairs due to severe incapacity.

2. Limited Guardianship

A limited guardianship provides authority over only certain areas—such as medical treatment, housing, or finances. Virginia courts prefer this option when the ward can still handle some responsibilities independently.

This approach ensures that the person’s independence is preserved as much as possible while still providing necessary protection.

3. Temporary or Emergency Guardianship

In urgent situations—such as sudden hospitalization or immediate risk—Virginia law allows temporary guardianships. These typically last up to 60 days and are designed to protect the individual until a full hearing can be held.

When Guardianship Is Needed

Guardianship is often appropriate when:

An elderly person develops dementia or Alzheimer’s disease and cannot manage their care or finances.
A child’s parents pass away or become unable to care for them.
An adult with a disability requires support for medical or financial decisions.
A medical emergency leaves someone incapacitated without a power of attorney in place.

While guardianship provides structure and protection, it should always be viewed as a last resort—only used when less restrictive alternatives (like power of attorney or advance directives) are no longer sufficient.

Duties and Responsibilities of a Guardian

A guardian’s role is both compassionate and accountable. In Virginia, a guardian may be responsible for:

Ensuring the ward has safe housing and proper medical care.
Making healthcare and treatment decisions in consultation with doctors.
Managing daily needs, including food, transportation, and personal care.
Filing annual reports with the court to demonstrate that the ward’s needs are being met.
Acting with integrity and avoiding any conflict of interest or misuse of funds.

Courts oversee guardianship arrangements carefully, and guardians must follow strict reporting requirements to ensure transparency and accountability.

Alternatives to Guardianship

Before pursuing guardianship, cons ider whether a less restrictive legal option could meet your family’s needs. Alternatives include:

Durable Power of Attorney – allows someone to make financial or medical decisions if the person becomes incapacitated.
Advance Medical Directive – documents healthcare wishes in advance.
Representative Payee or Trust – manages income or assets without court involvement.

An experienced attorney can help you determine which path best protects your loved one’s rights and future.

Why Work With Cheryl Eddy Benn, P.C.

A t Cheryl Eddy Benn, P.C ., we understand that establishing guardianship is both a legal and emotional decision. With over 35 years of experience, Attorney Cheryl Eddy Benn provides reliable and compassionate representation for families across Hampton Roads, Virginia Beach, Norfolk, and surrounding areas.

Our firm works closely with families to:

Evaluate whether guardianship is necessary.
File petitions and prepare required court documents.
Represent you in guardianship hearings.
Ensure all ongoing reporting obligations are met.

Every case is handled with care and attention to detail—because protecting your loved one’s safety and dignity is always the top priority.

Schedule a Consultation Today

If you’re considering guardianship for a loved one or have questions about the process, we’re here to help.

�� Call Cheryl Eddy Benn, P.C. at 757-895-7493
�� Visit: www.cherylbennlaw.com

What Happens After a DUI Arrest in Virginia? Step-by-Step Legal Process

Thu, 13 Nov 2025 20:45:00 GMT

What Happens After a DUI Arrest in Virginia? Step-by-Step Legal Process

Being arrested for Driving Under the Influence (DUI) in Virginia can feel overwhelming. Between the legal paperwork, court dates, and potential penalties, it’s easy to feel uncertain about what happens next. Understanding the process can help you make informed decisions and protect your rights from the very beginning.

If you’ve been charged with DUI in Hampton Roads, Virginia Beach, Norfolk, or nearby areas, k nowing each step can make a real difference in your outcome.

1. The Traffic Stop and Arrest

Most DUI cases begin wi th a traffic stop. Law enforcement may pull you over for speeding, swerving, or another traffic violation—and during that stop, they may look for signs of impairment such as slurred speech, odor of alcohol, or bloodshot eyes.

If an officer believes you’re under the influence, you may be asked to complete field sobriety tests or take a breathalyzer test.

Refusing a breath test after arrest can result in an automatic license suspension under Virginia’s implied consent law.
If your blood alcohol content (BAC) is 0.08% or higher, you can be charged with DUI—even if you believe you were safe to drive.

At this stage, the officer will arrest you and transport you to a local police station or detention center for processing.

2. Booking and Processing

Once arrested, you’ll go t hrough the booking process. This includes fingerprinting, photographs, and recording your personal information.

Depending on the circumstances, you may be:

Released on your own recognizance (promising to appear in court)
Required to post bail before release
Held until a magistrate or judge reviews yo ur case

During this stage, it’s critical to remain calm and avoid saying anything that could later be used against you.

3. Administrative License Suspension

Under Virginia law, your driver’s license can be automatically suspended following a DUI arrest—even before your court date.

For a first offense, the suspension lasts 7 days.
For repeat offenses, the suspension period is longer.

This administrative suspension is separate from any penalties you might face if convicted later. A qualified defense attorney can petition for a restricted license, allowing limited driving privileges (such as to work or school).

4. Your First Court Appearance (Arraignment)

Th e arraignment is your first court date after arrest. At this hearing:

The judge formally reads your charges.
You are informed of your right to an attorney.
You will enter an initial plea (guilty, not guilty, or no contest).

If you don’t already have legal representation, this is the time to secure it. Cheryl Eddy Benn, P.C. provides legal counsel for individuals across Hampton Roads and Virginia Beach, ensuring that your rights are protected from the start.

5. Pre-Trial Hearings and Discovery

Before trial, your attorney will review all the evidence against you—called discovery—which may include:

Police reports
Dashcam or bodycam footage
Breathalyzer or blood test results
Witness statements

Your attorney may also file motions to suppress evidence if your rights were violated—for example, if the traffic stop lacked probable cause or testing procedures were mishandled.

This stage is also when many DUI cases are resolved through negotiation. Depending on the evidence and your prior record, it may be possible to reduce charges or penalties through a plea agreement.

6. The Trial

If your case goes to trial, the judge (and sometimes a jury) will evaluate the evidence presented by both sides. The prosecution must prove beyond a reasonable doubt that:

You were operating a motor vehicle, and
You were under the influence of alcohol or drugs while doing so.

Your defense attorney will challenge any inconsistencies in the evidence, question the validity of testing methods, and highlight any procedural errors that may have occurred.

If convicted, the court will impose penalties based on your prior history and the severity of the offense.

7. Sentencing and Potential Penalties

A DUI conviction in Virginia can carry serious consequences:

Fines ranging from $250 to several thousand dollars
Driver’s license suspension or revocation
Mandatory alcohol education or treatment programs
Ignition interlock device installation on your vehicle
Jail time, especially for repeat or aggravated offenses

The penalties increase if your BAC is 0.15% or higher, if a minor was in the vehicle, or if an accident occurred.

8. Post-Conviction Options

Even after conviction, you may have legal options, such as:

Filing an appeal if procedural errors occurred
Requesting a restricted license to allow limited driving
Enrolling in a driver improvement or alcohol safety program

An experienced attorney can help guide you through these steps and ensure all possible remedies are explored.

How Cheryl Eddy Benn, P.C. Can Help

Facing a DUI charge in Virginia is daunting—but you don’t have to face it alone.
At Cheryl Eddy Benn, P.C., we represent individuals throughout Virginia Beach, Norfolk, Hampton Roads, and surrounding communities who have been accused of DUI.

Attorney Cheryl Eddy Benn brings over 35 years of legal experience , offering calm, reliable guidance during uncertain times. She focuses on protecting your rights, minimizing the impact on your life, and helping you navigate the legal system with clarity and confidence.

If you or someone you love has been arrested for DUI, taking quick legal action can make all the difference.

Schedule a Confidential Consultation Today

Don’t wait to get the support you need. The sooner you seek representation, the more options you have to protect your record and your future.

�� Call Cheryl Eddy Benn, P.C. today at 757-895-7493
�� Visit: www.cherylbennlaw.com

Contested vs. Uncontested Divorce in Virginia: Which Path Fits Your Situation?

Fri, 10 Oct 2025 19:03:33 GMT

Contested vs. Uncontested Divorce in Virginia: Which Path Fits Your Situation?

When a marriage ends, one of the first questions couples face is whether their divorce will be contested or uncontested. Understanding the difference between these two paths can help you make informed decisions, set realistic expectations, and choose the right approach for your circumstances.

At Cheryl Eddy Benn, P.C. , we guide clients in Virginia Beach, Hampton Roads, and surrounding areas t hrough both types of divorce with compassion and strong legal representation—helping you move forward toward a fair resolution.

What Is an Uncontested Divorce in Virginia?

An uncontested divorce occurs when both spouses agree on all major issues, including:

Division of property and debts
Child custody and visitation
Child support and spousal support (if applicable)

Because there are no disputes to resolve in court, uncontested divorces are genera lly faster, less expensive, and less stressful. You and your spouse can finalize your divorce through a written agreement submitted to the court for approval.

Uncontested divorces are ideal for couples who can communicate effectively and who are committed to a cooperative resolution.

What Is a Contested Divorce?

A contested divorce happens when spouses cannot agree on one or more key issues. Disagreements may involve:

Child custody and parenting time
Division of marital assets
Spousal support amounts
Fault grounds (such as adultery or cruelty)

In these cases, negotiations or mediation may be attempted first, but if disputes remain unresolved , a judge will make the final decision. C ontested divorces often involve more time, documentation, and court appearances—but they may be necessary to protect your rights and interests when cooperation breaks down.

Choosing the Right Path for You

The best type of divorce depends on your situation. Ask yourself:

Can we communicate respectfully about finances and custody?
Do we trust each other to disclose all assets and debts honestly?
Is there a history of emotional or physical conflict?
Are our goals for property division and parenting time realistic?

If your answers show that compromise is possible, an uncontested divorce may work for you. If emotions are high or major disagreements exist, pursuing a contested divorce with an experienced attorney’s help is often the wiser route.

How Cheryl Eddy Benn, P.C. Can Help

Whether your case is contested or unco ntested, Attorney Cheryl Eddy Benn provides steady guidance through every step of the process. With over 35 years of experience serving Virginia Beach and Hampton Roads, she has helped countless clients protect their families, assets, and peace of mind.

Our firm focuses on clear communication, practical advice, and personalized attention. We handle the paperwork, court filings, and negotiations—so you can focus on rebuilding your life.

Schedule a Consultation Today

Every divorce is unique. Let’s discuss your goals and determine the best approach for your circumstances.

Contact Cheryl Eddy Benn, P.C. today to schedule a confidential consultation:
�� 757-895-7493
�� Serving Virginia Beach, Hampton Roads, and surrounding areas

Visit us at www.cherylbennlaw.com to learn more.

Will I Have to Pay Alimony in Virginia? Types and Trends in Spousal Support

Mon, 22 Sep 2025 14:36:13 GMT

Will I Have to Pay Alimony in Virginia? Types and Trends in Spousal Support

Spousal support, often called alimony, is a common question in Virginia divorces. Many people wonder if they will have to pay it, how long it might last, and how courts decide on the amount. Understanding the types of support and current trends can help you prepare for what to expect.

Types of Spousal Support in Virginia

Virginia law recognizes several types of spousal support:

Temporary (pendente lite) support – Awarded while the divorce is pending to help one spouse meet immediate needs.
Rehabilitative support – Intended to provide financial help for a limited period while the receiving spouse becomes self-sufficient, such as finishing school or re-entering the workforce.
Lump-sum support – A one-time payment instead of ongoing support.
Permanent support – Less common today, this is long-term or indefinite support, typically awarded in long marriages where one spouse cannot reasonably support themselves.

How Courts Decide

When determining spousal support, Virginia courts consider several factors, including:

The length of the marriage.
Each spouse’s income and earning capacity.
The standard of living during the marriage.
Contributions to the marriage, both financial and non-financial.
Age, health, and financial needs of each spouse.

Current Trends

In Virginia, there is a trend toward limited-duration or rehabilitative support rather than permanent alimony. Courts encourage spouses to work toward independence when possible, although permanent support may still be awarded in certain cases, particularly after long-term marriages.

Protecting Your Interests

Whether you may be ordered to pay or are seeking support, it’s important to have strong legal guidance. At Cheryl Eddy Benn, P.C., we can provide legal assistance to the Virginia Beach public in navigating spousal support issues and protecting your financial future.

What Documents Are Required for a Legal Name Change in Virginia?

Wed, 20 Aug 2025 17:22:44 GMT

What Documents Are Required for a Legal Name Change in Virginia?

Changing your name is an important legal process that requires specific documentation to ensure the change is recognized by Virginia courts and government agencies. Whether you are changing your name due to marriage, divorce, adoption, or personal choice, having the proper documents in order will help you avoid delays.

Petition for Name Change

The process begins by filing a Petition for Name Change with the circuit court in the city or county where you live. This petition must include your current legal name, the new name you are requesting, your reason for the change, and confirmation that the change is not being sought for fraudulent purposes.

Birth Certificate or Proof of Birth

Courts typically require a certified copy of your birth certificate or another valid proof of birth document. This establishes your identity and provides an official record of your current legal name.

Identification Documents

Along with your petition, you should provide copies of government-issued identification , such as your driver’s license, passport, or state ID card. These documents help confirm your identity and residence.

Background Check Documentation

In Virginia, the court may request that you provide information related to your criminal history. In some cases, you may need to submit a criminal background check to show that the name change is not intended to avoid legal obligations.

Marriage Certificate or Divorce Decree (if applicable)

If your name change is connected to a marriage or divorce, you may need to submit your marriage certificate or divorce decree . These documents serve as proof of the legal event that allows or supports the change.

Court Order and Publication Requirements

After reviewing your petition and documents, the court may issue an order granting the name change. Virginia law may also require you to publish notice of your name change in a local newspaper unless you request a waiver for privacy or safety reasons.

Legal Assistance in Virginia Beach

The name change process can feel overwhelming, especially when gathering the correct documentation. At Cheryl Eddy Benn, P.C. , we assist individuals in Virginia Beach with preparing petitions, compiling supporting documents, and navigating court procedures. With the right legal guidance, you can complete your name change smoothly and with confidence.

Can the Police Search My Car Without a Warrant in Virginia?

Fri, 18 Jul 2025 14:10:36 GMT

Can the Police Search My Car Without a Warrant in Virginia?

If you’ve ever been pulled over by the police in Virginia, you may have wondered: can they search my car without a warrant? The answer is: it depends. At Cheryl Eddy Benn, P.C. , we assist drivers in Virginia Beach who may be facing criminal charges or police overreach. Here’s what you need to know about warrantless vehicle searches under Virginia law.

Understanding Your Fourth Amendment Rights

The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. Generally, police need a warrant to conduct a search. However, when it comes to vehicles, courts have carved out several exceptions due to the mobile nature of cars.

When Police Can Search Without a Warrant

In Virginia, police may search your vehicle without a warrant under the following circumstances:

1. Probable Cause
If an officer has a reasonable belief that your car contains evidence of a crime, they can search it without a warrant. This is known as the automobile exception . For example, if an officer smells marijuana or sees drug paraphernalia in plain view, that may give them probable cause.

2. Consent
If you voluntarily allow the police to search your car, they don’t need a warrant. It’s important to know that you are not required to consent, and you can politely refuse.

3. Search Incident to Arrest
If you are arrested, officers may search your vehicle for weapons or evidence related to the arrest, particularly if it’s within reach or could affect their safety.

4. Inventory Searches
If your car is lawfully impounded, police may perform an inventory search to log items inside the vehicle. This type of search does not require a warrant.

5. Plain View Doctrine
If illegal items are clearly visible from outside the vehicle, officers may have the right to enter and seize those items without a warrant.

What Should You Do if Your Vehicle is Searched?

If police search your car without a warrant, it’s important to remain calm and not physically resist. Take note of what occurred and contact a criminal defense attorney as soon as possible. An attorney can determine whether the search was legal and whether any evidence should be suppressed.

How Cheryl Eddy Benn, P.C. Can Help

At Cheryl Eddy Benn, P.C. , we understand how intimidating a police encounter can be. We work with residents of Virginia Beach to evaluate their cases and fight to protect their constitutional rights. If your car was searched and you’re unsure whether it was lawful, we’re here to help.

Who Gets the House in a Virginia Divorce?

Wed, 18 Jun 2025 15:49:30 GMT

Who Gets the House in a Virginia Divorce?

When couples in Virginia divorce, one of the most contentious issues can be determining who gets to keep the house. The family home often represents more than just a piece of property—it can carry emotional significance, memories, and stability. At Cheryl Eddy Benn, P.C., we help clients in Virginia Beach navigate the complexities of property division and protect their interests throughout the divorce process.

Understanding Property Division in Virginia

Virginia follows the legal principle of equitable distribution when dividing marital property. This means that the court will divide property fairly, though not necessarily equally, between the spouses. The house is typically considered marital property if it was purchased during the marriage, regardless of whose name is on the deed.

Separate vs. Marital Property

Marital property includes assets acquired during the marriage, such as income, homes, and retirement accounts.
Separate property includes anything acquired before the marriage, inheritances, or gifts given to one spouse.

If the home was purchased before the marriage but used as a marital residence, it may be considered partly separate and partly marital, especially if both parties contributed to mortgage payments or renovations.

How Courts Decide Who Gets the House

When deciding who gets the house, Virginia courts consider several factors, including:

The contributions (financial and non-financial) of each spouse to the home
The needs of any minor children, especially regarding custody and stability
Each spouse’s financial circumstances
Whether either spouse has misused marital assets

The court may decide to:

Award the home to one spouse and require them to buy out the other's interest
Order the house to be sold and the proceeds divided
Allow one spouse to remain in the home temporarily, especially when minor children are involved

Negotiating Property Settlements Outside of Court

In many cases, divorcing couples in Virginia can agree on property division through negotiation or mediation, rather than relying on a judge. At Cheryl Eddy Benn, P.C., we work to help clients explore these alternatives and reach practical agreements that preserve family stability and financial security.

Let Cheryl Eddy Benn, P.C. Help Protect Your Future

If you're facing divorce and unsure about what will happen to your home, the legal guidance of an experienced Virginia Beach attorney can make a significant difference. We take the time to understand your priorities and fight for outcomes that support your long-term well-being.

Contact Cheryl Eddy Benn, P.C. today to discuss your divorce and property division options.

Can You Go to Jail for a Misdemeanor in Virginia?

Tue, 13 May 2025 19:02:38 GMT

Understanding Misdemeanor Charges in Virginia

In Virginia, a misdemeanor may sound less serious than a felony—but it still carries significant legal consequences. Many people believe a misdemeanor is simply a slap on the wrist. However, depending on the classification of the offense and your criminal history, you can face jail time. At Cheryl Eddy Benn, P.C. , we help individuals in Virginia Beach understand their rights and navigate the legal system when facing misdemeanor charges.

Types of Misdemeanors in Virginia

Virginia divides misdemeanors into four classes:

Class 1 Misdemeanor: The most serious, punishable by up to 12 months in jail and a $2,500 fine. Examples include DUI, assault and battery, petty larceny, and reckless driving.
Class 2 Misdemeanor: Punishable by up to 6 months in jail and a $1,000 fine. Examples include possession of a Schedule IV drug.
Class 3 Misdemeanor: No jail time, but fines up to $500. Typically minor offenses such as unintentional property damage.
Class 4 Misdemeanor: Fines up to $250, with no jail time. This might include public intoxication or certain traffic infractions.

Jail Time Is Possible—Even for First-Time Offenders

While not every misdemeanor results in jail time, judges have the discretion to impose incarceration, particularly for Class 1 and Class 2 offenses. Your likelihood of jail increases if:

The charge is violent or involves repeat behavior.
You have a prior criminal record.
You violate probation or bail conditions.
The offense involved endangering others (such as DUI or reckless driving).

How Cheryl Eddy Benn, P.C. Can Help

Facing a misdemeanor charge can be stressful, especially if you’re unsure what the consequences might be. At Cheryl Eddy Benn, P.C. , we offer personalized legal guidance to help you fight the charge, avoid jail time, and protect your record. Whether through negotiating reduced penalties, pursuing dismissal, or mounting a strong defense in court, we serve the Virginia Beach community with skill and dedication.

Don’t Face It Alone

Even if the charge seems minor, a misdemeanor conviction can affect your job, housing, and future opportunities. The best step you can take is to consult a criminal defense attorney who understands local Virginia laws and can advocate for your best outcome.

How Is Spousal Support Calculated in Virginia?

Fri, 25 Apr 2025 18:44:41 GMT

How Is Spousal Support Calculated in Virginia?

When couples in Virginia decide to divorce, one important issue that often arises is spousal support, sometimes referred to as alimony. Spousal support is designed to help the lower-earning spouse maintain a reasonable standard of living following a divorce. However, the calculation of spousal support in Virginia can be complex and depends on several factors.

At Cheryl Eddy Benn, P.C., we assist individuals in Virginia Beach by providing legal guidance through the spousal support process, ensuring your rights are protected and your financial future is considered.

Understanding How Spousal Support Is Determined

Virginia courts take a two-step approach to spousal support. First, the court determines whether support is appropriate based on the circumstances of the marriage and divorce. If it is, the court then calculates the amount and duration of the support.

Factors That Influence Spousal Support

When calculating spousal support, Virginia courts consider a range of factors, including:

Income and Financial Resources : The income, assets, and earning capacity of both spouses are major considerations.
Duration of the Marriage : Longer marriages often result in longer or more substantial support awards.
Standard of Living During the Marriage : Courts aim to help the recipient spouse maintain a similar lifestyle to what they experienced during the marriage.
Age and Health : The age, physical health, and mental condition of both parties play a role.
Contributions to the Marriage : Contributions as a homemaker or supporter of the other spouse’s career are also factored in.
Decisions About Employment : If one spouse made career sacrifices for the family, this is taken into account.
Tax Consequences : The tax implications of any spousal support award are considered.

Use of Guidelines

In cases where the parties’ combined monthly gross income is $10,000 or less, Virginia uses a statutory formula to suggest a spousal support amount. However, judges have discretion to deviate from the guideline if justified by the circumstances.

For marriages longer than 20 years, courts are more likely to consider permanent spousal support, whereas shorter marriages often lead to limited-duration support.

Importance of Legal Representation

Spousal support can significantly impact your financial future. Whether you are seeking support or defending against an unreasonable request, having knowledgeable legal representation is crucial.

At Cheryl Eddy Benn, P.C., we understand the nuances of Virginia spousal support laws and are committed to helping Virginia Beach residents navigate these challenges with confidence.

Understanding the Consequences of a Misdemeanor Conviction in Virginia

Wed, 19 Mar 2025 14:45:16 GMT

Understanding the Consequences of a Misdemeanor Conviction in Virginia

A misdemeanor charge in Virginia may seem minor compared to a felony, but a conviction can still carry serious and lasting consequences. Whether you're facing charges for petty theft, simple assault, trespassing, or a first-time DUI, it's important to understand what’s at stake—and how to protect your rights.

What Is a Misdemeanor in Virginia?

In Virginia, misdemeanors are classified into four categories—Class 1 being the most serious and Class 4 the least. Common misdemeanor offenses include:

Class 1: DUI, assault and battery, domestic violence
Class 2: Driving without a valid license, possession of certain drugs
Class 3: Property damage under a certain dollar amount
Class 4: Public intoxication, some traffic infractions

Each class carries a different range of penalties, including potential jail time and fines.

Legal Penalties

Even for a first-time offender, a misdemeanor conviction can result in:

Jail time: Up to 12 months for Class 1 offenses
Fines: As high as $2,500 depending on the classification
License suspension: Especially for DUI or driving-related offenses
Probation: Mandatory supervision in lieu of or following incarceration

Long-Term Consequences

A misdemeanor conviction can affect more than just your immediate freedom. Long-term impacts may include:

Criminal record: A conviction stays on your record and may show up in background checks
Employment barriers: Some employers are hesitant to hire candidates with a criminal history
Housing challenges: Landlords may deny housing applications based on criminal background
Immigration consequences: Non-citizens may face deportation or be denied legal status
Loss of certain rights: For example, a domestic violence conviction can result in loss of gun ownership rights

Defending Against Misdemeanor Charges

You do not have to face misdemeanor charges alone. There may be defenses available depending on the facts of your case, such as mistaken identity, lack of evidence, or self-defense. The earlier you speak with an attorney, the more options you may have.

At Cheryl Eddy Benn, P.C. , we assist individuals in Virginia Beach who are facing misdemeanor charges. Our legal team is committed to helping clients understand their rights and navigate the legal system with confidence.

Why Every Adult Should Have a Power of Attorney in Place

Thu, 27 Feb 2025 15:55:09 GMT

Why Every Adult Should Have a Power of Attorney in Place

Life is unpredictable, and while we often plan for the expected, it’s equally important to prepare for the unexpected. A Power of Attorney (POA) is a critical legal document that allows you to designate a trusted individual to manage your financial, legal, or medical affairs if you become unable to do so yourself. At Cheryl Eddy Benn, P.C. , we assist individuals in Virginia Beach with establishing a legally sound Power of Attorney to ensure their interests are protected in any situation.

The Importance of a Power of Attorney

A POA is essential because it provides legal authority to someone you trust, ensuring that your affairs continue smoothly in case of an accident, illness, or incapacitation. Without a POA, your loved ones may face legal hurdles and delays in managing your finances or making medical decisions on your behalf.

Types of Power of Attorney

Financial Power of Attorney – Grants authority to handle financial matters such as paying bills, managing investments, or handling real estate transactions.
Medical Power of Attorney – Allows a designated agent to make healthcare decisions if you are unable to do so.
Durable Power of Attorney – Remains in effect even if you become incapacitated, ensuring that your affairs are handled without court intervention.
Limited or General Power of Attorney – Provides authority for specific tasks or broad decision-making power based on your needs.

Consequences of Not Having a Power of Attorney

If you don’t have a POA in place and become unable to manage your affairs, your family may have to go through a court process to obtain guardianship. This can be a lengthy, stressful, and expensive legal proceeding that could have been avoided with a properly executed POA.

Ensuring Your POA Is Legally Sound

For a POA to be legally valid in Virginia, it must meet specific state requirements. At Cheryl Eddy Benn, P.C. , we help Virginia Beach residents draft a legally binding Power of Attorney that aligns with their unique needs. We ensure that your chosen agent has the proper authority and that your document meets all necessary legal criteria.

Conclusion

Having a Power of Attorney is a vital step in estate planning that ensures your affairs are handled according to your wishes. Whether for financial, healthcare, or general decision-making, a POA provides peace of mind and prevents unnecessary legal complications. Cheryl Eddy Benn, P.C. is here to guide you through the process, ensuring you and your loved ones are prepared for any situation.

Self-Defense vs. Assault: How to Prove You Acted in Defense

Thu, 27 Feb 2025 15:50:24 GMT

Self-Defense vs. Assault: How to Prove You Acted in Defense

In a moment of danger, protecting yourself or others may be instinctual. However, what you consider self-defense could be interpreted as assault in a court of law. In Virginia, proving that you acted in self-defense requires demonstrating that your actions were necessary, reasonable, and proportionate to the threat. At Cheryl Eddy Benn, P.C. , we assist individuals in Virginia Beach who need legal guidance when facing assault charges while asserting a self-defense claim.

Understanding Self-Defense Under Virginia Law

Virginia law recognizes self-defense as a legal justification for using force when facing an immediate threat. There are two primary types of self-defense in the state:

Justifiable Self-Defense – When a person is not at fault for the altercation but uses reasonable force to prevent harm.
Excusable Self-Defense – When a person may have contributed to the conflict but retreats or attempts to de-escalate before using force.

The key factor in self-defense claims is whether the force used was proportionate to the threat. Deadly force is only legally justifiable if you reasonably believed that your life was in danger.

How to Prove Self-Defense in Court

If you are charged with assault but acted in self-defense, you must present evidence to support your claim. This may include:

Witness Testimony – Statements from individuals who saw the altercation can help establish the level of threat you faced.
Surveillance Footage – Security camera footage or video recordings may show the aggressor’s actions leading up to your response.
Injuries and Medical Reports – Evidence of injuries consistent with self-defense can demonstrate that you were defending yourself rather than acting aggressively.
Police Reports – If law enforcement documented the incident, their reports may support your claim of self-defense.

Common Challenges in Self-Defense Cases

Prosecutors may argue that you escalated the situation or that your response was excessive. Some common challenges include:

Lack of Immediate Threat – The prosecution may claim you had an opportunity to retreat but chose not to.
Disproportionate Force – If the force used far exceeded the threat, it may weaken your self-defense claim.
Conflicting Testimonies – Differing accounts of the incident can create doubt about whether you were truly acting in defense.

Having strong legal representation is essential to overcoming these challenges and proving your self-defense claim effectively.

Legal Representation for Self-Defense Cases

At Cheryl Eddy Benn, P.C. , we understand the complexities of self-defense laws in Virginia Beach. If you are facing charges related to an altercation, we can help build a solid defense, gather crucial evidence, and present a strong case on your behalf.

Understanding your rights and seeking legal assistance early can make a significant difference in the outcome of your case. Contact us today to discuss your defense strategy.

Protecting Inheritance and Family Assets with a Prenuptial Agreement

Thu, 27 Feb 2025 15:47:12 GMT

Protecting Inheritance and Family Assets with a Prenuptial Agreement

When planning for marriage, discussing finances and future asset protection may not be the most romantic topic. However, a prenuptial agreement can be a crucial tool in safeguarding inheritance and family assets. At Cheryl Eddy Benn, P.C., we help Virginia Beach residents navigate the legal aspects of marriage and asset protection.

Why Consider a Prenuptial Agreement?

A prenuptial agreement is a legally binding contract created before marriage that outlines how assets will be managed in the event of divorce or death. It is especially beneficial for individuals with:

Family-owned businesses – Ensures that ownership and control remain within the family.
Inherited property or wealth – Protects assets passed down from previous generations.
Children from prior relationships – Secures financial interests for children from a previous marriage.
Real estate or investments – Clarifies property ownership and division in case of separation.

How a Prenuptial Agreement Protects Inheritance

Without a prenuptial agreement, inherited assets may become subject to division in a divorce. Virginia follows equitable distribution laws, meaning that property acquired during the marriage is divided fairly but not necessarily equally. If inherited assets are commingled with marital funds—such as using inherited money for a shared home—they could be considered marital property. A prenuptial agreement helps prevent this by clearly distinguishing separate and marital assets.

Legal Considerations in Virginia

Virginia courts uphold prenuptial agreements as long as they meet legal requirements, including:

Full disclosure of assets and debts.
No coercion or undue influence.
Terms that are not unconscionable or against public policy.

By working with an attorney, couples can ensure that their agreement is properly drafted and legally sound.

Planning for the Future with Legal Guidance

At Cheryl Eddy Benn, P.C., we understand that protecting your financial future is a top priority. A well-crafted prenuptial agreement provides clarity, security, and peace of mind. If you are planning to marry and want to safeguard your inheritance or family assets, we can provide legal guidance tailored to your needs.

Understanding Child Custody Laws in Virginia Beach

Wed, 22 Jan 2025 18:00:00 GMT

Understanding Child Custody Laws in Virginia Beach

Child custody can be a complex and emotional issue to navigate, especially during a divorce or separation. In Virginia Beach, the determination of child custody is guided by state laws that prioritize the best interests of the child. At Cheryl Eddy Benn, P.C., we understand the importance of family law matters and are here to assist residents of Virginia Beach with their child custody cases. In this blog post, we will explore how child custody is determined in Virginia and provide valuable information for those facing this challenging situation.

In Virginia, child custody is divided into two main categories: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child's upbringing, such as education, healthcare, and religious upbringing. Physical custody, on the other hand, pertains to where the child will live on a day-to-day basis. Both types of custody can be awarded solely to one parent (sole custody) or shared between both parents (joint custody).

When determining child custody in Virginia Beach, courts consider various factors to determine what arrangement would be in the best interests of the child. Some of these factors include each parent's ability to provide for the child's needs, the relationship between the child and each parent, any history of abuse or neglect, and the stability of each parent's home environment. Ultimately, the goal is to ensure that the child's physical, emotional, and developmental needs are met.

In cases where parents are unable to reach an agreement on child custody outside of court, a judge will make a decision based on these factors. It is important for both parents to present evidence and arguments that support their position regarding what custodial arrangement would be most beneficial for their child. Having an experienced family law attorney by your side can help you navigate this process and advocate for your rights as a parent.

At Cheryl Eddy Benn, P.C., we have extensive experience handling family law matters in Virginia Beach, including child custody cases. Our team understands the complexities involved in these situations and is dedicated to helping our clients achieve favorable outcomes for themselves and their children. We provide personalized attention and support throughout the legal process to ensure that your rights are protected.

Navigating child custody laws in Virginia Beach can be overwhelming, but with the right legal guidance from Cheryl Eddy Benn, P.C., you can feel confident in pursuing a resolution that serves the best interests of your children. Whether you are seeking sole or joint custody, our team is here to advocate for you every step of the way. Contact us today to schedule a consultation and learn more about how we can assist you with your family law matters.

Understanding the Documents Required for a Prenuptial Agreement in Virginia

Sun, 22 Dec 2024 18:15:00 GMT

Understanding the Documents Required for a Prenuptial Agreement in Virginia

Planning to tie the knot is an exciting time, but it's also important to consider the legal aspects of marriage. In Virginia, creating a prenuptial agreement can provide both parties with peace of mind and clarity about their rights and responsibilities. At Cheryl Eddy Benn, P.C., we understand the importance of proper document preparation when it comes to prenuptial agreements. In this blog post, we will discuss the documents required to create a prenuptial agreement in Virginia and how our team can assist the Virginia Beach community with this process.

Financial Disclosure Forms: One of the key documents required for a prenuptial agreement in Virginia is financial disclosure forms. Both parties must fully disclose all assets, debts, income, and expenses as part of this process. This ensures that both parties have a clear understanding of each other's financial situation before entering into the agreement.

List of Assets and Debts: Another important document needed for a prenuptial agreement is a comprehensive list of assets and debts owned by each party. This includes real estate, investments, retirement accounts, vehicles, and any other valuable possessions. By documenting these assets and debts, both parties can agree on how they will be divided in case of divorce.

Terms of Agreement: The prenuptial agreement itself is a crucial document that outlines the terms agreed upon by both parties regarding property division, spousal support, inheritance rights, and any other relevant issues. It's essential for this document to be drafted carefully to ensure that it complies with Virginia state laws and effectively protects both parties' interests.

Notarization: In Virginia, prenuptial agreements must be signed by both parties in front of a notary public to be legally valid. This notarization process verifies the authenticity of the signatures and ensures that both parties are entering into the agreement willingly and knowingly.

Legal Assistance: Creating a prenuptial agreement can be complex, so it's highly recommended to seek legal assistance from experienced professionals like Cheryl Eddy Benn, P.C. Our team can help you navigate through the document preparation process and ensure that your rights are protected throughout.

In conclusion, understanding the documents required for a prenuptial agreement in Virginia is essential for couples who want to protect their assets and finances before getting married. With proper legal guidance from Cheryl Eddy Benn, P.C., residents in Virginia Beach can confidently create a comprehensive prenuptial agreement that meets their needs and safeguards their interests. Don't hesitate to reach out to our team for assistance with document preparation and ensure peace of mind as you embark on your marital journey.

Understanding the Difference Between Assault and Battery in Virginia

Fri, 22 Nov 2024 18:15:00 GMT

Understanding the Difference Between Assault and Battery in Virginia

As residents of Virginia Beach, it's important to have a clear understanding of the legal system, especially when it comes to criminal defense matters. One common area of confusion is the difference between assault and battery. These two terms are often used interchangeably, but they actually have distinct meanings under Virginia law. In this blog post, we will break down the differences between assault and battery in Virginia to help you navigate the legal landscape more effectively.

To start off, let's define assault and battery separately. Assault is the intentional act that causes someone to fear that they are about to be harmed. This can include threats or gestures that make someone feel afraid for their safety. On the other hand, battery is the actual physical contact or harm inflicted on another person without their consent. It involves touching someone in a harmful or offensive manner, such as hitting, slapping, or pushing them.

In Virginia, assault is typically considered a Class 1 misdemeanor, which carries penalties of up to 12 months in jail and fines of up to $2,500. Battery, on the other hand, is usually classified as a Class 1 misdemeanor as well but can escalate to a felony charge depending on the severity of the injury caused. Felony charges can result in much harsher penalties including significant prison time.

It's important to note that self-defense can be used as a defense for both assault and battery charges in Virginia. If you were acting in self-defense or defending someone else from harm, you may be able to argue that your actions were justified under the law. However, it's crucial to have an experienced criminal defense attorney by your side to present a strong case and protect your rights in court.

If you find yourself facing assault or battery charges in Virginia Beach, it's essential to seek legal representation as soon as possible. At Cheryl Eddy Benn, P.C., we have experience in criminal defense matters and have a proven track record of successfully representing clients throughout Virginia Beach. Our team will work tirelessly to build a strong defense strategy tailored to your specific case and fight for the best possible outcome on your behalf.

Understanding the differences between assault and battery in Virginia is crucial for navigating the legal system effectively if you ever find yourself facing criminal charges related to these offenses. By knowing your rights and having access to experienced legal representation like Cheryl Eddy Benn, P.C., you can protect yourself and ensure that your case is handled with care and expertise. Don't hesitate to reach out for help if you need assistance with criminal defense matters in Virginia Beach - we're here to support you every step of the way.

What to do after being served with divorce papers in Virginia?

Tue, 22 Oct 2024 17:00:02 GMT

What to do after being served with divorce papers in Virginia?

Going through a divorce can be a challenging and emotional time for anyone. When you are served with divorce papers in Virginia, it is important to know what steps to take next. At Cheryl Eddy Benn, P.C., we understand the complexities of family law matters and are here to assist the Virginia Beach community during this difficult time.

Seek legal advice: Upon being served with divorce papers, it is crucial to seek legal advice from an experienced family law attorney. A knowledgeable attorney can help you understand your rights, obligations, and options moving forward. They can also guide you through the legal process and ensure that your interests are protected.

Gather important documents: Start gathering important financial documents such as tax returns, bank statements, mortgage information, and any other relevant paperwork. These documents will be essential during the divorce proceedings and can help your attorney build a strong case on your behalf.

Consider mediation or negotiation: In Virginia, divorcing couples are encouraged to consider alternative dispute resolution methods such as mediation or negotiation before going to court. These methods can help you reach a mutually beneficial agreement with your spouse without the need for litigation. An experienced attorney can assist you in these processes and help facilitate productive discussions between you and your spouse.

Prepare for court: If mediation or negotiation is not successful, the next step may be going to court. It is essential to prepare for court by working closely with your attorney to gather evidence, witness statements, and any other relevant information that supports your case. Your attorney will represent you in court and advocate for your best interests throughout the proceedings.

Focus on self-care: Going through a divorce can take a toll on your mental and emotional well-being. It is essential to prioritize self-care during this challenging time by seeking support from friends, family, or a therapist. Taking care of yourself physically, emotionally, and mentally will help you navigate the divorce process more effectively.

Being served with divorce papers in Virginia can be overwhelming, but knowing what steps to take next can help ease some of the stress associated with this process. Seeking legal advice from an experienced family law attorney like Cheryl Eddy Benn, P.C., gathering important documents, considering alternative dispute resolution methods, preparing for court, and focusing on self-care are essential steps to take after being served with divorce papers in Virginia Beach. Remember that you do not have to go through this alone – our team is here to support you every step of the way.

What Are the Documents Required to Create a Prenuptial Agreement in Virginia?

Mon, 21 Oct 2024 16:17:07 GMT

What Are the Documents Required to Create a Prenuptial Agreement in Virginia?

A prenuptial agreement is an important legal tool for couples who want to protect their assets and outline financial expectations before entering into marriage. In Virginia, a well-drafted prenuptial agreement can help clarify property rights, spousal support, and other financial matters in the event of a divorce or death. At Cheryl Eddy Benn, P.C., we assist the Virginia public with prenuptial agreement preparation services, ensuring that all necessary documents are in place for a valid and enforceable agreement.

Key Documents Needed to Create a Prenuptial Agreement

To create a valid prenuptial agreement in Virginia, both parties must provide certain documentation to ensure full transparency and fairness. Here are the primary documents you’ll need:

1. Financial Statements

Each party must disclose their complete financial situation, which includes:

Income : Pay stubs, tax returns, or other documents that outline your income sources.
Assets : Documentation of all assets such as real estate, bank accounts, investments, vehicles, and personal property. This includes titles, deeds, and account statements.
Debts and Liabilities : A detailed list of outstanding debts, including mortgages, loans, credit card balances, and other liabilities.

A full and honest disclosure of financial information is crucial for ensuring the prenuptial agreement is legally binding. If one party fails to disclose important financial details, the agreement may be challenged in court.

2. List of Separate Property

If either party wants to protect certain assets as "separate property" and ensure that they remain outside the marital estate, they should provide documentation showing ownership of those assets prior to the marriage. This can include:

Real estate deeds or property titles
Bank account statements for personal savings or investments
Business ownership documents

This documentation helps establish that the assets belong to one party individually and will not be subject to division in the event of a divorce.

3. Proposed Agreement Terms

You will need to outline the specific terms of the prenuptial agreement, such as:

How assets and debts will be divided in the event of a divorce
Whether spousal support (alimony) will be provided, and if so, the terms and conditions
How property and assets will be handled in case of death

Both parties should have their terms prepared before drafting the final agreement with their attorneys.

4. Legal Representation

Although not technically a document, it's important to note that both parties should have independent legal representation. Having separate attorneys helps ensure that each party fully understands the terms of the prenuptial agreement and avoids claims of coercion or undue influence later.

5. Final Agreement Draft

Once all disclosures and terms have been outlined, the prenuptial agreement will be drafted. Both parties must carefully review the draft with their attorneys to ensure accuracy and fairness before signing.

How Cheryl Eddy Benn, P.C. Can Help

At Cheryl Eddy Benn, P.C., we understand the importance of creating a prenuptial agreement that is both comprehensive and enforceable. Our team is dedicated to helping you prepare all the necessary documentation and drafting an agreement that protects your interests. We’ll guide you through the entire process, ensuring that your prenuptial agreement is legally sound and tailored to your specific needs.

Contact Cheryl Eddy Benn, P.C. today to learn more about our prenuptial agreement preparation services in Virginia.

Understanding the Power of Attorney and When You Need One

Fri, 23 Aug 2024 16:59:41 GMT

Understanding the Power of Attorney and When You Need One

A power of attorney is a legal document that allows someone to make decisions on your behalf in case you are unable to do so. This document can be crucial in ensuring that your wishes are carried out, especially in situations where you may become incapacitated. At Cheryl Eddy Benn, P.C., we understand the importance of having a power of attorney in place and can assist Virginia Beach residents with the preparation of this important document.

There are different types of powers of attorney, each serving a specific purpose. A general power of attorney grants someone the authority to make financial and legal decisions on your behalf. This can be useful in situations where you may be unable to handle these matters yourself, such as if you are traveling or facing a medical emergency. A limited power of attorney, on the other hand, gives someone the authority to make specific decisions for a limited period of time.

Another type of power of attorney is a healthcare proxy or medical power of attorney. This document allows someone to make medical decisions on your behalf if you are unable to do so. This can include decisions about treatment options, surgeries, and end-of-life care. Having a healthcare proxy in place ensures that your wishes are respected when it comes to your medical care.

It is important to have a power of attorney in place before you actually need one. Once you become incapacitated, it may be too late to designate someone to act on your behalf. By having this document prepared ahead of time, you can ensure that your affairs will be taken care of according to your wishes.

At Cheryl Eddy Benn, P.C., we understand that creating a power of attorney can be a complex process. Our team is experienced in drafting these documents and can help guide you through the process. We will work with you to determine the type of power of attorney that best suits your needs and ensure that all legal requirements are met.

In conclusion, having a power of attorney is essential for anyone who wants to ensure their affairs are taken care of in case they become unable to make decisions themselves. Whether it's for financial matters or medical decisions, having this document in place provides peace of mind knowing that someone trustworthy will be able to act on your behalf when needed. If you're a Virginia Beach resident looking for assistance with preparing a power of attorney, look no further than Cheryl Eddy Benn, P.C. Our team is dedicated to helping clients navigate the legal process and prepare for the unexpected.

Understanding Spousal Support Calculations in Virginia

Fri, 23 Aug 2024 16:45:52 GMT

Understanding Spousal Support Calculations in Virginia

Navigating the complexities of family law can be overwhelming, especially when it comes to determining spousal support in Virginia. At Cheryl Eddy Benn, P.C., we understand the challenges that Virginia Beach residents may face when it comes to family law matters. In this blog post, we will delve into how spousal support is calculated in Virginia and provide you with valuable information to help you navigate this process.

Factors considered: When calculating spousal support in Virginia, several factors are taken into consideration. These include the duration of the marriage, the standard of living established during the marriage, each spouse's earning capacity and financial needs, and any contributions made by one spouse to the other's education or career advancement. Additionally, the court will consider the age and physical and mental condition of each spouse.

Types of spousal support: In Virginia, there are three main types of spousal support that may be awarded - temporary, short-term rehabilitative, and long-term or permanent spousal support. Temporary spousal support is typically awarded during divorce proceedings to provide financial assistance until a final agreement is reached. Short-term rehabilitative support is awarded for a specific period to allow one spouse to become self-supporting. Long-term or permanent spousal support may be awarded in cases where one spouse cannot become self-supporting due to age or disability.

Calculating spousal support: The calculation of spousal support in Virginia can vary depending on the unique circumstances of each case. While there is no set formula for determining spousal support amounts, courts will consider various factors as mentioned earlier. It is essential to work with an experienced family law attorney who can help you navigate this process and ensure that your rights are protected.

Modification and termination of spousal support: Spousal support orders in Virginia may be modified or terminated under certain circumstances. If there is a significant change in either spouse's financial situation or if one spouse remarries or cohabitates with another partner, the court may choose to modify or terminate the existing spousal support order.

Seeking legal guidance: Navigating spousal support calculations in Virginia can be complex and overwhelming without proper legal guidance. At Cheryl Eddy Benn, P.C., our team of experienced family law attorneys can provide you with the expertise and guidance needed to navigate this process effectively. We understand that every case is unique, and we will work tirelessly to protect your rights and best interests throughout your family law matter.

Understanding how spousal support is calculated in Virginia is crucial for anyone going through divorce proceedings or dealing with family law matters. By working with an experienced family law attorney like Cheryl Eddy Benn, P.C., you can ensure that your rights are protected throughout this process. If you are a Virginia Beach resident in need of assistance with family law matters, do not hesitate to reach out to our team for personalized legal guidance and representation.

Understanding the Difference Between Assault and Battery in Virginia Beach

Wed, 31 Jul 2024 16:38:11 GMT

Understanding the Difference Between Assault and Battery in Virginia Beach

As residents of Virginia Beach, it is important to have a clear understanding of criminal offenses such as assault and battery. These charges can have serious consequences and it is crucial to know the difference between the two. At Cheryl Eddy Benn, P.C., we are here to provide legal assistance and guidance for those facing criminal defense matters in Virginia Beach. In this blog post, we will delve into the distinctions between assault and battery to help you navigate these legal issues.

Assault and battery are often used interchangeably, but they are actually two distinct criminal offenses. Assault refers to the threat or attempt to cause harm to another person. It does not require physical contact to occur, only the intent or threat of harm. On the other hand, battery involves actual physical contact that results in harm or injury to another person. In Virginia Beach, both assault and battery can be charged as misdemeanors or felonies depending on the severity of the offense.

In Virginia Beach, assault is categorized into different degrees based on the level of intent and harm caused. Simple assault involves a threat or attempt to cause harm without any physical contact. Aggravated assault occurs when there is a serious threat with a deadly weapon involved. Felony assault charges may result from causing severe bodily harm with malicious intent. Battery charges in Virginia Beach also have varying degrees depending on the level of harm caused by physical contact.

It is important to note that self-defense can be a valid defense against both assault and battery charges in Virginia Beach. If you were acting in defense of yourself or others when using force against an attacker, you may be able to argue self-defense in court. However, it must be proven that your actions were reasonable given the circumstances of the situation.

If you are facing assault or battery charges in Virginia Beach, it is important to seek legal representation as soon as possible. The consequences of these charges can have a significant impact on your life, including potential jail time, fines, and a criminal record. At Cheryl Eddy Benn, P.C., our experienced criminal defense attorneys can provide you with expert guidance and representation throughout your case.

In conclusion, understanding the differences between assault and battery is crucial for residents of Virginia Beach who may be facing criminal charges related to these offenses. By knowing the distinctions between these two crimes and seeking legal assistance from professionals like Cheryl Eddy Benn, P.C., you can navigate through these challenging legal matters with confidence. Remember that self-defense can be a valid defense against these charges, but having a knowledgeable attorney by your side is essential for achieving a favorable outcome in court.

How an Attorney Can Help You with Paternity Cases in Virginia

Thu, 20 Jun 2024 22:02:36 GMT

Establishing paternity is a crucial step for many parents in Virginia. Whether you're a mother seeking child support or a father wanting to assert your parental rights, understanding the legal process is essential. At Cheryl Eddy Benn, P.C., we understand the challenges and complexities involved in paternity cases and are here to guide you through every step.

Why Paternity Matters

Paternity refers to the legal recognition of a man as the father of a child. Establishing paternity is vital for several reasons:

Child Support: It allows the custodial parent to seek financial support from the non-custodial parent.
Custody and Visitation: It grants the father rights to custody and visitation, fostering a relationship with the child.
Medical History: It provides the child access to the father's medical history, which can be crucial for health care.
Inheritance Rights: It ensures the child’s right to inherit from the father.

The Legal Process of Establishing Paternity

In Virginia, paternity can be established in several ways:

Voluntary Acknowledgment: Both parents can sign an Acknowledgment of Paternity (AOP) form, which is filed with the Virginia Department of Health.
Administrative Order: If paternity is contested, the Virginia Division of Child Support Enforcement (DCSE) can order genetic testing.
Court Order: Either parent can file a petition in court to establish paternity. The court may order genetic testing and, based on the results, issue an order of paternity.

How an Attorney Can Help

Navigating the legal landscape of paternity cases can be overwhelming without professional assistance. Here’s how an attorney can support you:

1. Understanding Your Rights and Options

An experienced attorney can explain your legal rights and options, helping you make informed decisions. Whether you're seeking to establish paternity voluntarily or through a court order, understanding the implications is crucial.

2. Filing Necessary Paperwork

The legal process involves extensive paperwork, which can be daunting. An attorney will ensure that all documents are correctly completed and filed on time, preventing unnecessary delays.

3. Representation in Court

If your paternity case goes to court, having skilled legal representation is invaluable. An attorney will advocate on your behalf, presenting evidence and arguments to support your case.

4. Negotiating Settlements

In many cases, disputes can be resolved through negotiation rather than litigation. An attorney can facilitate negotiations, aiming for a settlement that serves the best interests of the child.

5. Ensuring Compliance with Court Orders

Once paternity is established, there may be ongoing legal matters, such as child support or custody modifications. An attorney can help ensure compliance with court orders and represent you in any subsequent legal proceedings.

Why Choose Cheryl Eddy Benn, P.C.

At Cheryl Eddy Benn, P.C., we are dedicated to providing personalized legal support tailored to your unique situation. Our team has extensive experience in family law, including paternity cases, and is committed to protecting your rights and interests. We understand the emotional and legal complexities involved and strive to offer compassionate and effective representation.

Paternity cases are more than just legal proceedings; they are about establishing and protecting relationships. Whether you are a mother seeking support or a father asserting your rights, having a knowledgeable attorney by your side can make all the difference. Contact Cheryl Eddy Benn, P.C. today to schedule a consultation and take the first step towards resolving your paternity case.

Navigating the Complexities of Contested Divorce

Wed, 15 May 2024 17:25:28 GMT

Going through a divorce is never easy, but when the decision to end a marriage is not mutual and both parties cannot agree on key issues such as asset division, child custody, or spousal support, it becomes even more challenging. In Virginia, a contested divorce can be emotionally draining and legally complex. In such cases, having an experienced contested divorce attorney by your side can make all the difference.

Contested divorces often involve disputes over various issues such as property division, child custody and visitation rights, child support, alimony, and more. These disagreements can lead to lengthy court battles and legal proceedings that require careful navigation of Virginia's family law statutes. A seasoned contested divorce attorney will not only provide you with expert legal advice but also represent your best interests in negotiations or court hearings.

In a contested divorce, emotions can run high and communication between spouses may break down completely. Having a skilled attorney who can serve as a mediator and advocate for your rights can help reduce conflict and facilitate a smoother resolution. Your attorney will work diligently to protect your assets, secure a fair custody arrangement for your children, and ensure that any spousal support agreements are reasonable and sustainable.

When choosing a contested divorce attorney in Virginia, look for someone with extensive experience in family law and a track record of successfully handling complex divorce cases. Your attorney should have strong negotiation skills, courtroom experience, and the ability to strategize effectively on your behalf. It's also important to find an attorney who understands the emotional toll that divorce can take on individuals and families and who can provide compassionate support throughout the process.

In addition to legal representation, a contested divorce attorney can also help you explore alternative dispute resolution methods such as mediation or collaborative law. These approaches can often result in quicker resolutions and less acrimony than traditional litigation. Your attorney will assess your unique situation and recommend the best course of action based on your goals and priorities.

Navigating a contested divorce is undoubtedly challenging, but with the guidance of Cheryl Eddy Benn, P.C. by your side, you can protect your rights and achieve a favorable outcome. If you are facing a contested divorce in Virginia, don't hesitate to seek out professional legal assistance from us to help you through this difficult time. Remember that you do not have to go through this process alone - reach out to Cheryl Eddy Benn, P.C. today for personalized support and expert guidance.

Understanding the Consequences of Misdemeanor Convictions in Virginia

Mon, 22 Apr 2024 17:44:48 GMT

Understanding the Consequences of Misdemeanor Convictions in Virginia

Being accused of a misdemeanor charge in Virginia can have serious consequences that may impact your life for years to come. At Cheryl Eddy Benn, P.C., we understand the complexities of criminal defense matters and are here to assist Virginia residents facing misdemeanor charges. In this blog post, we will explore the potential consequences of being convicted on misdemeanor charges in Virginia and how our team can help you navigate through this challenging time.

When it comes to misdemeanor convictions in Virginia, the consequences can vary depending on the specific charge. Some common misdemeanors include DUI/DWI, assault, shoplifting, and possession of marijuana. If convicted, individuals may face penalties such as fines, probation, community service, and even jail time. Additionally, a misdemeanor conviction can have long-lasting effects on one's personal and professional life. It may impact employment opportunities, housing options, and even child custody arrangements.

Moreover, having a criminal record due to a misdemeanor conviction can also affect your ability to obtain certain licenses or certifications required for your profession. This could hinder your career advancement and limit future opportunities. Fortunately, with the help of an experienced criminal defense attorney like Cheryl Eddy Benn, P.C., you can work towards minimizing these consequences and potentially avoiding a conviction altogether.

In addition to the immediate penalties imposed by the court system, a misdemeanor conviction can also lead to collateral consequences that extend beyond just legal ramifications. For example, individuals with a criminal record may struggle to secure loans or housing due to background checks conducted by potential landlords or financial institutions. These challenges can make it difficult for individuals to move forward with their lives and achieve their goals.

At Cheryl Eddy Benn, P.C., we take pride in providing personalized legal representation to each client facing misdemeanor charges in Virginia. Our team understands the importance of building a strong defense strategy tailored to your specific circumstances. We will work tirelessly to protect your rights and advocate for the best possible outcome in your case. Whether negotiating plea deals or representing you in court trials, we are committed to helping you navigate through this challenging process.

In conclusion, being convicted on misdemeanor charges in Virginia can have far-reaching consequences that may impact various aspects of your life. It is crucial to seek legal guidance from a reputable criminal defense attorney like Cheryl Eddy Benn, P.C., who has experience handling such matters. Our team is dedicated to providing compassionate support and aggressive advocacy for our clients throughout every step of the legal process. Do not hesitate to reach out if you are facing misdemeanor charges – we are here to help you fight for your rights and protect your future.

Understanding the Consequences of Misdemeanor Convictions in Virginia

Mon, 22 Apr 2024 17:34:35 GMT

Understanding the Consequences of Misdemeanor Convictions in Virginia

Understanding the Consequences of Lying in a Custody Case

Thu, 28 Sep 2023 18:17:13 GMT

Child custody cases can be difficult to navigate, especially when one parent is lying. It is not uncommon for parents to make up stories or conceal important details to gain an advantage in their custody case. While some lies may seem harmless, they can have significant consequences that can impact the child's well-being and future. In this blog post, we will explore what happens when a parent lies in a custody case and how an attorney can help.

1. What does the court decide to do?

When a parent lies in a custody case, it can damage their credibility and negatively affect their case. The court takes lying very seriously, and it can result in severe consequences. The judge can rule against the parent and make decisions that are not in their favor. The child's wellbeing is the most important factor, and the court will always prioritize that over any parent's interest. In extreme cases, the parent may lose custody or visitation rights altogether.

2. How can an attorney help?

An experienced attorney can help in several ways when a parent is lying in a custody case. First, they can gather evidence to disprove any false claims made by the other parent. This could include witness testimonies, medical reports, or official records. Second, they can advise the client on the best course of action to ensure that their interests align with the child's best interest. Finally, an attorney can represent the client in court, where they can argue their case and present evidence effectively.

3. Legal consequences of lying in a custody case

Lying in a custody case can lead to legal consequences, such as perjury charges, which can result in a fine or even jail time. Besides legal implications, it can also affect the parent's reputation and make it difficult to gain trust in future legal proceedings. Parents need to understand that dishonesty comes with severe consequences that could have a lasting impact on their relationship with their child.

4. How Cheryl Eddy Benn, P.C. can assist the Virginia public with child custody matters

At Cheryl Eddy Benn, P.C., we understand the legal complexities and emotional turmoil involved in custody cases. We help clients navigate through these difficult times by providing compassionate yet results-driven legal representation. Our goal is to achieve a positive outcome while ensuring that the child's best interest is always at the forefront of our strategy. We believe in transparency and guide our clients through the legal process by providing regular updates and clear communication.

In a custody case, honesty is crucial. Lying can have severe consequences that can negatively impact the parent-child relationship and well-being. An attorney can help ensure that a parent's interests align with the child's best interest, gather evidence to disprove any false claims, and represent them effectively in court. At Cheryl Eddy Benn, P.C., we are here to assist the Virginia public with their child custody matters and provide compassionate yet results-driven legal representation. Call us today to schedule a consultation with one of our experienced attorneys.

What Factors Will a Court Consider During a Divorce?

Thu, 31 Aug 2023 18:14:41 GMT

Divorce is never easy, but it can be especially difficult when you live in Virginia. Not only do you have to deal with the emotional toll of ending your marriage, but you also have to navigate the legal system. If you're getting a divorce in Virginia, it's important to understand what factors the court will consider when making decisions about your case. In this blog post, we'll go over the key factors that Virginia courts look at during a divorce.

1. Grounds for Divorce: In Virginia, you can file for divorce based on either fault or no-fault grounds. No-fault grounds include living separately for a certain amount of time, typically one year. Fault grounds include things like adultery, cruelty, and desertion. If you're filing for divorce on fault grounds, the court will consider the evidence presented and may award a higher or lower amount of spousal support based on the circumstances.

2. Property Division: Virginia is an equitable distribution state, which means that the court will divide property in a way that is fair and just. This doesn't necessarily mean a 50/50 split, but rather a division that takes into account factors like each spouse's income and earning potential, the length of the marriage, and any contributions made by each spouse to the marriage. The court will also consider any debts and liabilities incurred during the marriage.

3. Spousal Support: Spousal support, also known as alimony, is a payment made by one spouse to the other to help them maintain their standard of living after the divorce. In Virginia, the court will consider factors like the length of the marriage, each spouse's income and earning potential, and any contributions made by each spouse to the marriage when deciding whether or not to award spousal support.

4. Child Custody and Support: If you have children, this is likely to be one of the most important factors in your divorce case. VIRGINIA courts aim to make custody decisions that are in the best interests of the child. Factors that the court will consider include each parent's ability to provide for the child's physical, emotional, and mental needs, the child's relationship with each parent, and the child's preference if they are old enough to make a decision. Child support is also determined based on a formula that takes into account each parent's income, the number of children, and other factors.

5. Other Factors: Beyond the key factors listed above, there may be other factors that the court will consider in your case. For example, if one spouse has a disability that affects their ability to work, this may be taken into account when determining spousal support. Likewise, if one spouse has engaged in misconduct that has directly harmed the other spouse, this may be a factor that the court considers.

Getting a divorce in Virginia can be a complex and emotional process, but understanding the factors that the court will consider can help you prepare for what's ahead. Remember that every divorce is different, and the court will consider the unique circumstances of your case when making decisions. If you're going through a divorce in Virginia, it's always a good idea to work with an experienced attorney who can guide you through the legal process and fight for your rights.

Understanding the Difference between Simple and Aggravated Assault in Virginia

Tue, 04 Jul 2023 18:12:13 GMT

Understanding The Difference Between Simple And Aggravated Assault In Virginia

Assault is considered as a crime in Virginia, and its penalties can range from minor charges to severe punishments, depending on the nature of the offense. However, not all assaults are considered the same, as Virginia law distinguishes between two types of assault charges: simple and aggravated. Understanding the difference between these charges is crucial if you’re facing an assault charge. It is wise to seek immediate legal assistance from an experienced criminal defense attorney, like Cheryl Eddy Benn, P.C., to help you navigate the complex legal process.

Simple Assault

Simple assault is the less serious of the two charges, and it typically involves an act of violence that causes minor injuries to the victim, like scratches or bruises. An example of a simple assault would be a bar fight that results in minor injuries. Simple assault is classified as a Class 1 misdemeanor, and it carries a potential sentence of up to twelve months in jail and fines of up to $2,500.

Aggravated Assault

On the other hand, aggravated assault is a more serious charge that involves an act of violence that causes severe injuries or involves deadly weapons. Unlike simple assault, an aggravated assault charge is considered as a felony and can carry harsher penalties. Examples of an aggravated assault crime could be a vicious attack with a knife, gun, or other dangerous weapons. It could also be a battery committed with an intention to do serious harm. Aggravated assault is further divided into additional categories like domestic assault, assault on law enforcement officials, or elderly people.

Penalties Of Aggravated Assault

The penalties for an aggravated assault charge in Virginia can vary based on the circumstances, but they could include a prison sentence of up to 20 years, hefty fines, and a criminal record. Additionally, you may also face subsequent challenges, such as difficulty finding employment or housing and loss of voting rights. Hence, hiring an experienced criminal defense attorney is crucial to defending your rights and protecting your future.

Defenses For Assault Charges In Virginia

One of the essential reasons why you need a criminal defense attorney is to fight your assault charge and avoid detrimental consequences. Some possible defenses that an experienced attorney may use include self-defense, defense of property, lack of intent, or misidentification of the defendant. Defending an assault charge can be complicated. Therefore, it is crucial to contact an attorney, like Cheryl Eddy Benn P.C., who has the experience and the knowledge of Virginia assault law to build the best possible defense for your case.

An assault charge, simple or aggravated, can ruin your future. It can cause significant damage to your reputation, career opportunities and qualify for higher education programs. That is why it’s crucial to understand the difference between simple and aggravated assault, as well as the regulations that apply in Virginia. If you or your loved one has been charged with assault, do not hesitate to seek immediate legal representation from a skilled criminal defense attorney who can provide you with the guidance and support you need to protect your rights. Contact the law office of Cheryl Eddy Benn, P.C. today for your initial consultation and let us help you navigate through the court system with confidence.

Understanding Child Support in Virginia

Thu, 18 May 2023 17:38:56 GMT

Understanding Child Support In Virginia

Parents want nothing but the best for their children, regardless of whether they are married or divorced. Even after the end of the marriage, both parents must continue to provide financial support for their children. In Virginia, child support laws stipulate how much the non-custodial parent must pay towards their children’s welfare and, in certain cases, the custodial parent may also be required to make contributions. In this blog post, we will answer some of the most common questions regarding child support and outline what options parents have if there are issues either with making payments or receiving them.

How Is Child Support Calculated?

The amount of child support that a non-custodial parent must pay is based on the Virginia Child Support Guidelines, which take into account factors such as the number of children involved, the parents' incomes, and certain expenses such as health insurance payments. To calculate child support payments, parents must submit a Financial Affidavit, which will give the court a detailed view of their income, debts, and expenses. All of this information is used to calculate a basic child support amount that will be paid each month.

What Happens If I Am Unable To Pay Child Support?

If a parent is unable to make their child support payments, it is crucial to contact a family law attorney immediately. Non-payment of child support can result in serious legal consequences, including the suspension of your driver's license, interception of your tax refund, and even jail time. To avoid any of these consequences, a parent can request a child support modification due to a material change in circumstances, such as a job loss or a decrease in income. A family law attorney can assist you in filing the petition and presenting it before the court.

What Are My Options If My Ex Refuses To Pay Child Support?

If your ex-partner fails to pay child support on a regular basis, legal action needs to be taken. Parents can file a petition with the court requesting the enforcement of child support and can receive assistance from the Department of Social Services. The court can use various enforcement mechanisms to ensure payments are made in full, including wage garnishment, interception of tax refunds, and seizing property of the non-paying parent.

Do Child Support Payments Stop Once The Child Is 18?

Child support payments are not necessarily going to stop when a child turns 18 in Virginia. The law states that parents must continue to make payments until the child has completed high school or reached the age of 19, whichever comes first. In certain cases, such as full-time attendance at college or university, child support payments may continue beyond this age.

Child support is a legal obligation for parents in Virginia, and it is vital to ensure that all payments are made on time. Failure to make payments can lead to serious legal consequences, and it is crucial to take action early if you are unable to make payments or are not receiving them. At Cheryl Eddy Benn, P.C., we understand the complexities surrounding family law and can provide support in child support matters. Our team of skilled attorneys is dedicated to helping Virginia residents navigate their legal issues and arrive at a favorable outcome. Contact us today to learn more about our services.

Understanding Misdemeanors: Everything Virginia Residents Need to Know

Thu, 13 Apr 2023 17:36:37 GMT

Have You Or Someone You Know Been Charged With A Misdemeanor In Virginia?

If so, you may be feeling overwhelmed about what that means for your future. A misdemeanor is a type of criminal offense that is less serious than a felony, but still carries penalties that can impact your life. It's important to understand the definition of a misdemeanor, different types of misdemeanors, and the potential consequences if you are facing charges. In this blog post, we'll go over everything Virginia residents need to know about misdemeanors and how we can help at Cheryl Eddy Benn, P.C.

What Is A Misdemeanor?

In Virginia, a misdemeanor is a criminal offense that is less serious than a felony. It's important to note that misdemeanors are still considered criminal offenses and can have serious consequences. A misdemeanor offense can include things like petty theft, disorderly conduct, or driving under the influence. Misdemeanors are typically punishable by fines, probation, or jail time, but the penalties will depend on the severity of the crime and any prior criminal record.

Examples Of Misdemeanors:

There are many different types of misdemeanors in Virginia. Some common examples include:

1. Assault and Battery: This includes any intentional, unwanted contact with another person that causes harm or injury.

2. Disorderly Conduct: This can include things like public intoxication, loud and disruptive behavior, or disturbing the peace.

3. Marijuana Possession: Possession of small amounts of marijuana is considered a misdemeanor offense in Virginia.

4. Petty Theft: This involves stealing items that are valued at less than a certain amount, such as shoplifting or stealing a bicycle.

Penalties Of Misdemeanor Charges In Virginia:

If you are convicted of a misdemeanor in Virginia, there are a number of potential penalties that you may face. These can include fines, probation, community service, or even jail time. The severity of the penalty will depend on the specifics of the case, including your criminal record, the nature of the offense, and any aggravating factors. For example, if you caused significant bodily harm to another person during a misdemeanor assault and battery, you may be subject to harsher penalties.

At Cheryl Eddy Benn, P.C. We Can Provide Legal Assistance To Individuals Facing Misdemeanor Charges In Virginia Beach, Virginia:

If you are facing misdemeanor charges in Virginia, we understand how stressful and overwhelming this can be. Our experienced legal team at Cheryl Eddy Benn, P.C. is committed to helping residents of Virginia Beach, Virginia navigate the criminal justice system and achieve the best possible outcome. We offer honest and objective legal advice, and work tirelessly to protect your rights and interests. With our help, you can be confident that you are receiving the highest level of legal representation to fight your misdemeanor charges.

A misdemeanor charge can have a significant impact on your life, including your employment, housing, and personal relationships. That's why it's important to understand the charges you are facing and the potential penalties. If you are facing misdemeanor charges in Virginia, we are here to help at Cheryl Eddy Benn, P.C. Our skilled team is committed to fighting for the best possible outcome in your case. Don't hesitate to reach out to us today for a consultation.

Understanding Spousal Support in Virginia Divorces

Fri, 31 Mar 2023 17:32:10 GMT

Understanding Spousal Support In Virginia Divorces

Divorces are often complicated situations whereby both parties have to navigate through various legal rules and regulations to arrive at a fair settlement. One of the most common issues that arise during a divorce in Virginia is spousal support, also known as alimony. This financial support is awarded to one spouse by the other party, primarily to help them cope with the loss of income resulting from the divorce. To help you navigate this topic, this blog post will discuss the factors a court considers when calculating spousal support, your options if you are unable to pay spousal support, and what to do if your ex refuses to pay.

Factors A Court Will Consider During A Virginia Divorce:

During a divorce, a court will consider various factors when deciding on spousal support. The court considers factors such as the duration of the marriage, the income of each spouse, the earning potential of each spouse, and the standard of living during the marriage. The court will also consider the age, physical and mental condition, and contributions made by each spouse during the marriage. Moreover, the court will consider any significant contributions such as paying for your spouse's education or contributing funds towards setting up a business.

How Spousal Support Is Calculated In Virginia:

Once the court decides that spousal support is necessary, the next step is to calculate the amount to be paid and for how long. In Virginia, there are no strict formulas used to calculate spousal support, and each case is evaluated individually. The court will consider the factors mentioned above when making this determination. The amount and duration of spousal support will also be influenced by the ability of the paying spouse to be able to afford the payments.

What Happens If You Are Unable To Pay Spousal Support:

It is essential to understand that failing to pay spousal support can have severe legal, financial, and even criminal consequences. If the court orders you to pay spousal support, you are legally obligated to do so. If you fail to pay, the court may take various steps to enforce the order, such as garnishing your wages and freezing your bank accounts. Moreover, you may also face harsh fines and could face a payment default judgment that could seriously impact your credit score.

What Are Your Options If Your Ex Refuses To Pay Spousal Support:

If your ex-spouse refuses to pay spousal support despite a court order, you can take several legal steps to enforce the order. You can file a motion with the court to request enforcement or petition the court to hold your ex in contempt. You can also hire an experienced divorce attorney to help you navigate these complex legal matters and ensure that your rights are protected.

Divorce is a complex and often emotional process. Understanding your rights and obligations when it comes to spousal support is essential. If you are going through a divorce or have questions about spousal support in Virginia, it is vital to seek legal guidance from an experienced attorney such as Cheryl Eddy Benn, P.C. Our legal team has the knowledge and experience to help you navigate these challenging legal matters and ensure a fair settlement. Contact us today to schedule a consultation.

Drug Charges in Virginia Beach: What You Need to Know

Tue, 28 Feb 2023 18:30:02 GMT

Drug Charges In Virginia Beach: What You Need To Know

If you’re facing drug charges in the state of Virginia, it’s important to understand the classification of such offenses and their possible consequences. It’s also essential to know the difference between drug possession and trafficking charges, as well as how a qualified attorney can help you avoid a guilty verdict. At Cheryl Eddy Benn, P.C., we provide legal representation for individuals accused of drug crimes in Virginia Beach and beyond.

Understanding Drug Possession Charges

In the state of Virginia, possessing an illegal controlled substance is considered a Class 1 misdemeanor. This includes marijuana and other drugs like cocaine, heroin, or ecstasy. Depending on the amount found on your person, you could be charged with a felony offense if it is determined that your intent was to sell or distribute the drugs rather than just use them yourself.

Drug Trafficking Charges

Drug trafficking is defined as selling, manufacturing, delivering, distributing, or possessing with intent to sell illegal substances like cocaine or heroin. It is considered a felony offense in Virginia and carries much harsher consequences than simple possession charges do—including jail time and hefty fines. The penalties vary depending on what type of drug you are accused of trafficking and how much was involved in the crime.

How An Attorney Can Help Avoid A Guilty Verdict

It is critical that any individual accused of a drug-related crime consult an experienced criminal defense attorney who can review their case and determine the best course of action for avoiding a guilty verdict. Your attorney will look at all aspects of your case to ensure that all evidence was collected properly by police officers—and that none was illegally seized or manipulated in any way—to build an effective defense strategy for you specifically tailored to your needs.

If you are facing criminal charges related to drugs in Virginia Beach or elsewhere in the state, contact Cheryl Eddy Benn P.C., right away so we can offer our expertise and provide you with legal counsel throughout every step of your case proceedings. We have over 15 years experience representing clients facing all types of criminal charges with successful outcomes—and we are eager to put our knowledge to work for you too! Don’t wait—contact us today!

Difference Between Simple and Aggravated Assault

Thu, 12 Jan 2023 18:28:02 GMT

Difference Between Simple And Aggravated Assault

Assault is a category of crime frequently misunderstood — especially when it comes to the difference between a "simple" assault and an "aggravated" assault. These are the differences in the definitions and legal ramifications in Virginia, and how a criminal defense lawyer can provide crucial assistance if you have been accused of assault.

What Is Assault?

In the legal context, "assault" means putting someone — intentionally — in the position that they reasonably apprehend imminent bodily harm or direct offensive contact. In criminal law, this act is also referred to as "simple assault" and can result in misdemeanor charges. Since assault hinges upon the reasonable apprehension of harm, it doesn't matter if the victim only has a minor bruise or scratch. Furthermore, it is not necessary for the accused to cause injury or even make actual physical contact. Any unwelcome touching or threat of unwelcome touching is enough to make out the offense. This means that even the simple act of raising a fist in anger could constitute assault.

Simple assault is the least serious type of assault charge and brings the lightest punishment. Of course, if someone has a criminal history from committing prior offenses, the sentence they would receive would be greater than what a first-time offender would get. Depending on your jurisdiction, the sentence for a simple assault conviction could include a fine of up to $1,000, up to six months in jail, or both.

Aggravated Assault

Unlike simple assault, aggravated assault means that someone inflicted — or tried to inflict — a serious injury upon another person, and without regard for that person's life or well-being. There are a number of factors to consider when assessing whether someone's conduct has passed the threshold between simple and aggravated assault.

Use of a weapon — especially a firearm. This can elevate the crime to felony aggravated assault if the weapon can cause death or great serious harm. The weapon could be a gun, a knife, or any object used dangerously as a weapon. A rock, for example, isn't normally a weapon, but if used to strike someone — or used to threaten bodily harm to someone — the rock is considered a weapon.
Actual serious physical injury caused to the victim.
Connection to another felony crime — robbery or sexual assault, for example.
Victim is a member of a "protected class" — designated in legislation. Protected classes include the elderly, the disabled, healthcare providers, social services personnel, and police officers. For policy reasons, society wants to deter attacks on certain vulnerable groups and people who play particular, essential roles in the community. It does this by assigning greater punitive consequences for those instances.

Understandably, the sentence for an aggravated assault conviction would be much higher than for simple assault. Even a misdemeanor conviction for aggravated assault could translate into a fine of up to $10,000, and up to one year in jail. Weapons would likely be confiscated, and the defendant could be ordered to make restitution, do community service and anger management counseling, and follow probation terms.

For felony aggravated assault, punishment could include all of these in addition to much more jail time. In states with Three Strikes laws, a third felony conviction would result in significant jail time, up to life.

Why Should You Speak with a Criminal Defense Lawyer

It is always recommended to consult with an attorney who specializes in criminal law if you have been charged or think you are about to be charged.

Legal Defenses to Charges of Assault

A criminal attorney will listen to your story and assess whether you have a legal defense to the allegations of assault. Possible defenses include:

Defense of self or of someone else . Self-defense is a valid legal defense if reasonable force was used to protect oneself or someone else under the circumstances.
Mistaken identity . Witness identification may be challenged — especially if the accused has an alibi or the description of the perpetrator was vague or erroneous.
No intent to assault . This is usually argued if a simple assault occurred by accident.
Inability to inflict the force on someone. This could apply, for example, if the assault was committed in a certain way and the accused could not have done it due to infirmity. In cases of aggravated assault with a weapon where there is alleged to have been a firearm, as another example, this issue could be raised if the gun had been unloaded or unable to discharge.

Negotiations With The Prosecution

Sometimes, the charges against an accused will have changed by the time the case gets to trial or hearing. Someone might be initially charged with simple assault until the police gather usable evidence to make out aggravated assault — for example, locating a weapon and confirming fingerprints or forensic information on it. A criminal defense attorney can liaise with the police or prosecutor so that if the charges are expected to be upgraded, they can facilitate the accused's cooperation.

Alternatively, a charge of aggravated assault could potentially be downgraded if the defense finds and provides evidence that contradicts what the police allege a weapon or the severity of the victim's injuries. It is extremely difficult to convince prosecutors to downgrade an aggravated assault charge to one of simple assault, but it is not impossible with the right circumstances and a good lawyer.

Of course, your criminal attorney can conduct plea or sentence negotiations with the prosecution. Guilty pleas tend to result in more favorable penalties because it means the court's time isn't wasted on conducting a lengthy trial — and because the accused shows remorse. If both sides agree on an appropriate punishment, the court is also more likely to accept the joint submission. Judges do not have to agree to whatever the defense and prosecution believe is reasonable, but many place some deference when the parties have come to a reasonable agreement.

Criminal law is a highly technical area and can be difficult to navigate without legal expertise. That's why if you are potentially dealing with assault charges in Virginia, contact us today. You should seek legal advice from a lawyer specializing in criminal law at the earliest instance.

Who Gets the House in a Divorce?

Thu, 15 Dec 2022 18:25:22 GMT

Who Gets The House In A Divorce In Virginia Beach?

For many couples going through a divorce, the home they lived in together — specifically which partner will "keep" it — is one of the central, divisive issues. The house is usually the most valuable asset from the marriage, and the parties may have different ideas about whether it should be sold (and the proceeds divided) and how much it is worth.

There are a number of factors that affect what ultimately happens to the house. This is what you need to know.

What Happens To The Matrimonial Home?

The usual outcomes with respect to the house tend to be as follows:

The house is sold . The proceeds will then be divided between the spouses.
One party becomes the sole owner of the house. The spouse who wants to keep the house will "buy out" the other spouse's interest. This person may need to refinance the house if there is a mortgage.
The parties agree to co-ownership of the house. This could be because they agree to defer the sale of the property (for example, if they want to wait until the kids finish school before they put the house up for sale).

Who Decides Which Party Gets The House?

Ideally, the two ex-spouses can approach the matter fairly and amicably and agree on what will happen to the house. In many cases, however, especially where the break-up is acrimonious or there is a power imbalance between the parties, negotiations can be drawn out. When there is no agreement, the court will assess the full financial situation and marital history and make the decision.

Equalization Of Marital Property

When a couple divorces, the marital property is divided between them. In many cases — the simplest ones — it works out to 50-50. If the spouses bought the home together during the marriage, for example, each of them could be entitled to 50% of the equity/value of the house. Some states, however, follow community property rules (the spouses own marital property equally), and others follow the principles of equitable distribution (marital property is split fairly but this may not be 50-50).

Ownership Of The House

Sometimes, the house belongs to one party prior to the marriage and the other party moves in. If they live in the house together during the marriage — and especially if the spouse who moved in starts contributing to its upkeep and/or mortgage — the house will be seen as a marital asset. If, however, the one who owned the house prior to the marriage takes specific steps recognized in that state to make the house a separate asset, that person may end up keeping the house.

In a lot of divorce cases, one spouse will agree to greater interest in another asset (such as a business) and "give up" their entitled interest in the matrimonial home. Alternatively, one party may allow the other to buy out their interest in the house with cash or cash equivalent.

Value Of The House

Even if the parties agree on what should happen to the house in Virginia Beach, they may not agree on how much the house is worth. There is usually a strategic reason a spouse wants it to be valued higher or lower — because it will affect the property equalization numbers. The spouse that wants to keep the house may want to say it is worth less so that they can receive a higher share of other property. The one that wants to sell it may want to say it is worth more so that they don't have to give up as much of the other property share to the other person.

The best way to figure out how much the matrimonial house is worth is to have a formal appraisal done. Sometimes each side will have an appraisal done and the court will examine both of them.

Factors Determining What Happens To The House

The court will look at what both parties want and need. If one spouse wants to keep the house and the other wants to move out, it is a matter of figuring out a buy-out price and how the buy-out will occur. If both spouses don't want the house, the house will likely be sold. If both people want to keep the house, the biggest considerations will be whether there are children involved and whether it is financially viable.

If there are children of the marriage who would benefit from continuing to live in this house (school, community, support network), which parent has custody of the children? Is it shared custody? How is the time with the children divided between the spouses? Is one side financially better able to buy out the other spouse? This is based on the parties' respective ages, income, health, and other circumstances.

What If A Spouse Wants To Stay In The House During Divorce Proceedings?

The most common example of this is if the spouse with primary custody of the children wants to continue living there while the parties and the court work out the division of property. Understandably, preference will be given to the best interests of the children. If the other party has moved out, they may be entitled to an amount of "rent" from the one still living there. This amount will be factored into the final numbers.

In some cases, the parties will choose to "live separately under the same roof." This means that until everything is finalized, they will both continue living in the house, usually in separate rooms or areas of the house. Where there has been a history of domestic abuse or a significant imbalance of power between the spouses, the court will also be interested in making sure the abused person or "weaker" party is protected.

Why You Should Get Legal Advice About Your Matrimonial Home

Family and divorce law in Virginia Beach can be complicated. Not only may emotions be charged between the parties, but you may not understand what factors are most important to a court when deciding what happens to the house. An experienced divorce/family lawyer can explain how your marital property will most likely be divided, what will be considered marital property, and how best to protect your legal interests. Contact our office today to find out what you're entitled to.

Understanding Your Right to Remain Silent

Tue, 29 Nov 2022 18:21:25 GMT

Understanding Your Right To Remain Silent

When facing law enforcement after being pulled over or approached on the street, you may not be sure how to proceed. This is further complicated if you find yourself detained – or even worse, placed under arrest.

In proper due process, you should be read your Miranda Warning when placed under arrest. This is when you are informed that “you have the right to remain silent.”

Did you know that you can also exercise this right in many cases before being arrested? This post will explain everything you need to know about what your right to remain silent entails, when you may be required to speak, and when to seek out a Virginia Beach attorney for help.

When To Stop Talking (Hint: Right Now)

In almost every scenario, you can choose to remain silent whenever you are questioned by law enforcement. This holds true whether you have been read your Miranda Warning or not. This is part of the Miranda Rights, which were established by Miranda v. Arizona in 1966 .

Assuming you can only elect to remain silent after an arrest is a mistake many people make in initial police interactions. In fact, you do not have to answer questions while you are detained either.

To better understand why this is the case, you should also know the difference between being arrested and being detained.

Arrested means you are restricted from your freedom of movement. This is usually enforced through being handcuffed and taken to the police station for processing.
Detained means you are temporarily held and in custody for a short amount of time. Detention is warranted if police suspect you of criminal activity or if you may have information about a crime.

In either case, you are still legally entitled to exercise your right to remain silent. Whether you're simply being informally spoken to by a police officer or under controlled interrogations, silence is still within your legal rights.

The Right Way To Exercise Your Right To Remain Silent

During any encounter with law enforcement, it is advisable to proceed with caution and respect. This holds true despite any personal feelings or sentiments you may hold about police – or whether you feel the stop was justified.

The same concept of caution and respect carries over into the exercising of your right to remain silent. There is, in fact, a right and wrong way to exercise this right.

Wrong Way: No Talking, Shutting Down And Refusing To Interact, Anger And Hostility And Vitriolic Words

Expressing frustration or hostility toward any law enforcement will likely escalate the situation. Remember the human element of police officers. Like you, they likely do not prefer to interact with people who are rude or openly hostile to them.

Similarly, just shutting your mouth and refusing to acknowledge anything an officer says to you is not the right course of action. An officer may not be able to confirm that you understand a command or recognize whether you’re being detained or arrested. And complete, total silence does not always communicate that you do want to express your right to stay quiet.

Right Way: Slow, Clear Movements, Showing Your Hands, Expressing Your Intentions, Remaining Calm

Initially, you may want to determine an officer's intentions. Does law enforcement have a reason beyond a stop to detain you? And if so, what is the reason?

You can learn this information by remaining calm and polite and asking simple questions such as “Am I free to go?” or “Am I being detained?” This does not mean shouting “AM I BEING DETAINED?!” over and over again like you may have seen other people do.

Any police encounter is an understandably stressful experience. But remember to do your best and stay calm. Make sure your hands are visible and make no sudden movements. Follow an officer’s commands to provide vehicle and/or licensing information.

If you are being detained, clearly communicate that you wish to remain silent:

“I am going to remain silent”
“I am exercising my right to remain silent”
“I want to remain silent”

Keep this phrase clear, straightforward, and unmistakable about your intention.

Exceptions To Your Right To Remain Silent

It’s important to note that there are some situations where you do not have a right to remain silent. These exceptions all occur in situations where law enforcement is not attempting to get you to incriminate yourself with your responses. Instead, they occur in all the following areas:

Traffic Stop Document Requests: You must comply if an officer pulls you over and asks for documents related to the legality of your driving status. Beyond this, though, you and anyone else in the vehicle have the right to remain silent.
Imminent Danger and Public Safety: In matters of potential imminent danger and public safety hazards, you must respond to law enforcement when questioned. For instance, if a suspect is arrested for a violent action and may have other dangerous hazards they know about, police can still question suspects (and still use this evidence in court) even if they elect the right to remain silent.
Routine Arrest Booking: After an arrest, you will be asked general questions like your full name, address, phone number, and others. Remaining silent here won’t gain you any advantages and will make your booking process more difficult.

Don’t Wait To Secure An Attorney

If you have been arrested and are facing criminal charges, it is paramount that you secure an attorney as soon as possible. They will help shield you from further incriminating yourself or misstepping during any interrogation process.

Don’t wait another moment to speak with an experienced Virginia Beach attorney. Reach out today to learn more about your options.

What To Do After Being Served With Divorce Papers

Thu, 20 Oct 2022 17:17:56 GMT

What To Do After Being Served With Divorce Papers

You and your spouse tried to work it out, but despite your best efforts, you couldn't — and now you have been served with divorce papers. The end of the marriage was stressful enough, but now you have to deal with the legal system in Virginia Beach, VA as well. You don't know what comes next — and this guide is for you. Here's what you need to do.

Note And Adhere To Deadlines

In the divorce petition package, there should be information about how long you have to file an Answer. The deadline varies from state to state, but in many cases, you are looking at 20-21 days. You do NOT want to miss this date. If you fail to respond to the divorce petition, the court will only have your spouse's version of events and what they are seeking in terms of finances, custody, support, and other matters. The court, having nothing else to rely on, will likely grant your spouse's petition. If you have a strong and legally justifiable reason for failing to file the Answer, you will have to bring a motion in court to explain. If the court is persuaded by your reasoning, it may set aside the default judgment and allow you to file your Answer by a certain date. Then, the divorce proceedings will move forward.

Separate And Track Your Finances And Financials

If you have joint accounts, it is a good idea to change the account so that both spouses have their own. Things can get heated, and in some cases, one spouse will want to unilaterally clean out the account. Even though this will be considered by the court when it comes to calculating how the marital property will be divided, it may leave one party in the lurch in the short term. Make sure you keep detailed financial records and gather up your past tax returns, proof of income, and information about all your assets. You do not want to be the one to hold up the divorce process because you need more time to gather the information the court wants.

Keep Being A Good Parent

Children tend to suffer the most when their parents divorce. They often feel that they are pawns in a hostile game between the parties. When assessing who should have custody and deciding on visitation time, the court will look at whether one parent has been trying to use the kids against the other parent. The court wants to know whether and to what extent the parties will be able to cooperate to raise the children properly. Aggression and disrespect from one spouse to another not only impact the well-being of the children but also send a bad message about that spouse to the court. So, try to stay impartial. Avoid talking about your spouse and their shortcomings in front of the kids. Even if they ask what is happening, frame your response in a way that doesn't pit the kids against either parent. Remind them that both parents love them and that will not change.

See A Divorce/Family Law Attorney

While it is possible to represent yourself in divorce proceedings, having a lawyer will make the process run more smoothly while ensuring that all your rights are protected. There are many ways a lawyer can help you when you divorce.

Legal Paperwork

Attorneys who practice divorce/family law will be familiar with the deadlines and what information and support should appear in the documents you need to file. If you are a layperson, you may think you have addressed everything, only to find out later that you have missed something important in your filings. This could result in you not receiving something you are entitled to or delaying the process because you have to make a motion to change your materials or set another date to address the issue that was omitted. When a competent divorce/family lawyer drafts the materials, the documents provide all the information the court wants to — and should — consider and properly set out the issues that need to be settled. This allows the judge to focus on problems that need to be solved.

Settlement Agreement Or Alternative Dispute Resolution

Ideally, if the parties are amicable, the two sides can sit down and work out the issues in a separation agreement that can be filed with the court. It saves both parties the time and expense of actual litigation, which can be very expensive, and protects both parties' interests. An attorney is helpful not only during the negotiation process but also when it comes to drafting the actual agreement — ensuring that all issues have been addressed fairly and that co-parenting and other matters can happen smoothly.

Negotiations can occur between the parties at mediation/arbitration, where lawyers can again make sure that all critical issues are on the table. Sometimes the parties can have a partial agreement — they agree on the division of property but not on custody/visitation, for example — which means that they will have to work out unresolved issues in court. Court hearings and trials have particular rules as to evidence, witnesses, and procedures, so having legal representation makes it much easier to navigate the legal system.

If you have been served with divorce papers in Virginia Beach, VA, make sure you know what your next steps are. Reach out to us and let us help you.

Difference Between Simple & Aggravated Assault?

Tue, 20 Sep 2022 17:12:29 GMT

Difference Between Simple And Aggravated Assault

Assault is a category of crime frequently misunderstood — especially when it comes to the difference between a "simple" assault and an "aggravated" assault. These are the differences in the definitions and legal ramifications in Virginia Beach, Virginia, and how a criminal defense lawyer can provide crucial assistance if you have been accused of assault.

What Is Assault?

Aggravated Assault

Use of a weapon — especially a firearm. This can elevate the crime to felony aggravated assault if the weapon can cause death or great serious harm. The weapon could be a gun, a knife, or any object used dangerously as a weapon. A rock, for example, isn't normally a weapon, but if used to strike someone — or used to threaten bodily harm to someone — the rock is considered a weapon.
Actual serious physical injury caused to the victim.
Connection to another felony crime — robbery or sexual assault, for example.
Victim is a member of a "protected class" — designated in legislation. Protected classes include the elderly, the disabled, healthcare providers, social services personnel, and police officers. For policy reasons, society wants to deter attacks on certain vulnerable groups and people who play particular, essential roles in the community. It does this by assigning greater punitive consequences for those instances.

Why Should You Speak With A Criminal Defense Lawyer

It is always recommended to consult with an attorney who specializes in criminal law if you have been charged or think you are about to be charged.

Legal Defenses to Charges of Assault

A criminal attorney will listen to your story and assess whether you have a legal defense to the allegations of assault. Possible defenses include:

Defense of self or of someone else . Self-defense is a valid legal defense if reasonable force was used to protect oneself or someone else under the circumstances.
Mistaken identity . Witness identification may be challenged — especially if the accused has an alibi or the description of the perpetrator was vague or erroneous.
No intent to assault . This is usually argued if a simple assault occurred by accident.
Inability to inflict the force on someone. This could apply, for example, if the assault was committed in a certain way and the accused could not have done it due to infirmity. In cases of aggravated assault with a weapon where there is alleged to have been a firearm, as another example, this issue could be raised if the gun had been unloaded or unable to discharge.

Negotiations with the Prosecution

Criminal law is a highly technical area and can be difficult to navigate without legal expertise. That's why if you are potentially dealing with assault charges in Virginia Beach, Virginia, contact us today. You should seek legal advice from a lawyer specializing in criminal law at the earliest instance.

5 Questions To Ask When Choosing A Guardian

Thu, 16 Jun 2022 17:09:09 GMT

The idea of your child(ren) being raised by anyone else is unpleasant, but taking the time to appoint a legal guardian is incredibly important. That said, you shouldn't necessarily choose the first person that comes to mind, whether that be a sibling or your parents. This is a massive responsibility that not everyone will be mentally, physically, or financially suited to.

To receive the peace of mind that comes with appointing a legal guardian, you'll need to select someone that you know will raise your child in a safe and stable household. You also want someone who will promote the values and provide the lifestyle that you would. If you have multiple candidates, you can narrow down the pool by asking yourself (and your candidates) these five questions.

1. How Is Their Relationship With Your Child?

The person you appoint as your child's legal guardian should be someone you trust explicitly, whether they be a friend or family member. You need to be absolutely certain that they'd understand and act in your child's best interests, even without you being there to provide input every step of the way.

Their current relationship with your child is just as important. In this scenario, your child would have experienced an immensely tragic loss and would be in a very vulnerable state. If their legal guardian is a distant family member or a family friend they've only met a few times, the transition to this new phase of their life could be traumatic.

Your chosen guardian should be someone that both you AND your child trust. They don't necessarily have to be a daily presence in your child's life, but they should have a close relationship with them based on love and respect.

2. What Is Their Age and Health Status?

Is your candidate physically and mentally healthy enough to take on this responsibility? Keeping up with children can take a lot of energy. Grandparents may be dependable babysitters, but would they be capable of taking care of your child full-time?

Age is also an important factor. Coping with the loss of one or both parents is a long and difficult process. The last thing your child would need is to lose their legal guardian soon after. Children need some degree of stability to feel safe. Choosing a legal guardian that's relatively young and healthy will help prevent your child from enduring any more tragedy any time soon.

3. Where Do They Live? Would They Relocate?

Does your chosen guardian live halfway across the country? If so, would they be willing to move into your current home or neighborhood if something were to happen to you? You ideally want your child to go through the least amount of changes possible during this time. Having to change schools and leave their friends, nearby relatives, and familiar surroundings behind can make the transition even more stressful.

Of course, having your chosen guardian relocate permanently isn't always an option. In this case, you may want to ask them to at least allow your child to finish out their school year and to encourage them to keep in touch with friends after moving. There are a few other ways to ease the transition. If your child takes piano lessons, for example, your chosen guardian should be proactive in finding them a piano teacher in their new community. There's no reason for your child to miss out on their favorite hobbies and pastimes. These activities may serve as important coping mechanisms for them.

4. How Will They Support Your Child Financially?

Is your chosen guardian financially equipped to raise your child full-time? Would you be leaving them any assets or resources to assist them with the child's care, like life insurance benefits, bank accounts, trust accounts, etc.? Would they have control over these assets, or would you rather leave a lawyer or financial advisor in charge of all financial decisions pertaining to these funds?

You should try to create a realistic budget of how much a legal guardian would need to pay for your child's care on a daily basis. If the assets you planned on leaving them are insufficient, it may be necessary to reassess how much you're setting aside. Acquiring life insurance is an absolute must. A life insurance policy can help pay for funeral and burial expenses initially and can go towards their basic living expenses and post-secondary education long-term.

5. Do They Share Your Values?

Your chosen guardian's beliefs and parenting style don't have to be 100% aligned with yours, but there are some key issues you may want to ensure you agree on. Do you follow the same religion and attend the same church? Alternatively, if you're not religious and intend for your child to be raised the same way, would your candidate act against your wishes?

Similarly, would the candidate raise your child with the same values and cultural traditions that you would? How do they feel about homeschooling or public versus private education? Do they have political beliefs that are significantly opposed to yours?

It's completely okay if some of these examples are unimportant to you. Having your child be exposed to different political beliefs and new cultural traditions and experiences could be something you're entirely comfortable with. If it's something you're not comfortable with, however, then you'll need to take that into consideration when choosing a legal guardian.

Contact an Estate Planning Firm Today

Once you've selected a legal guardian, you'll need to go through the steps to make it official. An estate planning firm can help make this process as quick and simple as possible. They'll assist you in drafting a will that names your chosen guardian and with any legal documents that come with it. You can also go to them with any questions you have about life insurance, a living trust, or anything else that pertains to safeguarding your child's future. Contact a reputable estate planning firm today to learn more.

How Is Child Support Determined?

Mon, 06 Jun 2022 17:06:33 GMT

Child support can be a complex subject to tackle for some people. However, the best way to overcome mishaps is to arm yourself with knowledge and be prepared. If you will be a party to court-ordered child support, either on the giving or receiving end, there are a few things you should know.

Here, we'll break down what child support is, how it's established, modified, and enforced, and how the required payment amount is calculated.

What Is Child Support and How Can It Be Used?

Child support is an amount of money that a non-custodial parent is ordered, by the court, to pay to the other parent who has custody. The purpose is to ensure that both parents maintain their financial obligation in caring for their child or children.

The child support payment amount encompasses the costs of necessities, including food and clothing, housing, health care, and education-related expenses.

Suppose the custodial parent and child receive government assistance, like SNAP, ADC, Medicaid, or childcare assistance. In that case, the child support payment will be disbursed to the state to cover those costs.

Establishing, Modifying, and Terminating a Child Support Order

Let's assume you and your spouse have children together and are going through a divorce. Then, you can determine child support during divorce proceedings. The payment will be ordered in the final divorce decree.

If you are unmarried, have children, and paternity is verified, the custodial parent can obtain an order for child support in one of two common ways.

1. Privately hire an attorney to petition the court for child support.

2. Apply through the state's health and human services department, where the state's attorney would petition for an order.

The difference between the two is important. For example, private attorneys act on behalf of their clients. In contrast, state attorneys act in the state's best interest and, of course, the child's.

Can the amount of child support be changed?

Depending on the child's age when support was ordered, a change in the financial circumstance of either parent is not uncommon. So, your order for child support can be modified when necessary, and either parent can request such changes.

Upon entering a petition that justifies the need, courts will consider a modification. Specific circumstances that call for a modified payment include:

Change in the income of either parent, including obtaining or losing a job
The birth of an additional child for which the non-custodial parent is responsible for
Change in custody arrangements
Changes in costs for education, health, or childcare
The parent becomes temporarily unable to pay; examples include temporary incarceration and disability

How can I end a child support order?

Child support is an optional legal means to ensure a child is financially provided for. If both parents agree on their own, they can terminate an existing child support order by petitioning the court. However, in many cases, the relationship between the custodial and non-custodial parent is not amicable. Thus, legal protection is necessary to ensure child support payments are made as agreed.

Beyond voluntary reasons, there are a few situations that call for the termination of a child support order, including:

The child reached the age of majority or became emancipated.
The child was adopted, or the non-custodial parent's rights were terminated.
The non-custodial parent is unable to work due to a permanent disability.

In most cases, child support orders do not automatically terminate, and petitioning the court is required to prompt such action.

How Is Child Support Calculated?

Child support is determined by factoring the child's needs with the parent's income and ability to pay. The child support payment calculation follows specific state guidelines to ensure fairness and that the child is financially provided for based on basic living standards.

Determining a child support payment involves the complete calculation of income, assets, and expenses of both parents. Typically, parents will complete a worksheet that is submitted to the court along with the petition.

The following information is needed to determine a child support payment:

Income and Assets – You will be required to show proof of income from employment or self-employment by way of W-2's, pay stubs, and/or tax returns. In addition, assets such as home equity, vehicles, or other property must be accounted for as well.
Number of Dependents – Information on all dependents for which both parents are responsible, including those of previous relationships, must be submitted to the court.
Health Care – Monthly health insurance premiums that cover the child directly factor into the payment amount.
Childcare and Education Tuition – Daycare costs are considered in the formula when calculating the child support payment. In some cases, courts will consider education tuition and related expenses as well.
Time Spent with the Child – Shared custody arrangements and overnight visits impact the amount of child support ordered by the court, giving credit to each parent for their time.
Other Types of Support – Spousal support and child support for other children paid by either parent is also a factor.

While there is a set formula in place, not everyone's situation is the same. Therefore, in your petition, you can ask the court to consider any relevant information you believe is significant to the financial obligation in caring for your child.

What Happens If Child Support Is Not Paid?

Child support, which the court orders, is a legal obligation. If a parent does not comply with the court order by refusing to pay, child support enforcement agencies can take legal action to secure these funds. These actions include:

Wage and bank garnishment
Seizure of tax refunds, inheritance, or lottery winnings
Suspension of driver's license or passport
Jail time if held in contempt of court

Establishing and enforcing a child support order can be a complicated process. If you need help with your child support case, you don't have to go it alone. Hiring an experienced attorney can take the stress out of the situation, allowing you to focus on your child.

If you have questions about child support and want to connect with an attorney, contact us today.

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What Happens If You’re Convicted of a Misdemeanor in Virginia?

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Understanding Misdemeanors in Virginia

Potential Penalties for a Misdemeanor Conviction

1. Jail Time

2. Fines and Court Costs

3. Probation

Long-Term Consequences You Might Not Expect

4. Permanent Criminal Record

5. Loss of Opportunities

6. Driver’s License Suspension

“It’s Just a Misdemeanor” — Why That Thinking Is Risky

How a Criminal Defense Attorney Can Help

Don’t Face a Misdemeanor Charge Alone

What Happens After You File a Protective Order in Hampton Roads?

What Happens After You File a Protective Order in Hampton Roads?

1. Your Petition is Reviewed by the Court

2. The Respondent Is Served

3. Preparing for Your Protective Order Hearing

4. The Hearing: You Have Your Say

5. After the Hearing: What Comes Next?

6. You’re Not Alone — Legal Support Is Here

Charged with Assault in Hampton Roads? Here’s What to Do Immediately

Charged with Assault in Hampton Roads? Here’s What to Do Immediately

Stay Calm and Exercise Your Right to Remain Silent

Contact Cheryl Eddy Benn, P.C. Immediately

Avoid Discussing Your Case With Anyone

Understand the Assault Charges Against You

Follow All Court Orders and Legal Guidance

Don’t Wait — Protect Your Future Today

What Is a Simple Will and Who Needs One in Virginia?

What Is a Simple Will and Who Needs One in Virginia?

What Is a Simple Will?

Who Should Consider a Simple Will in Virginia?

1. Own Property or Financial Accounts

2. Have Children

3. Want to Provide for Loved Ones

4. Have Specific Wishes for Personal Effects

Why Having a Will Matters in Virginia

How Cheryl Benn Law Can Help

Take the Next Step Today

What Is Guardianship in Virginia? Types, Duties, and When It’s Needed

What Is Guardianship in Virginia? Types, Duties, and When It’s Needed

Understanding Guardianship in Virginia

Types of Guardianship in Virginia

1. Full Guardianship

2. Limited Guardianship

3. Temporary or Emergency Guardianship

When Guardianship Is Needed

Duties and Responsibilities of a Guardian

Alternatives to Guardianship

Why Work With Cheryl Eddy Benn, P.C.

Schedule a Consultation Today

What Happens After a DUI Arrest in Virginia? Step-by-Step Legal Process

What Happens After a DUI Arrest in Virginia? Step-by-Step Legal Process

1. The Traffic Stop and Arrest

2. Booking and Processing

3. Administrative License Suspension

4. Your First Court Appearance (Arraignment)

5. Pre-Trial Hearings and Discovery

6. The Trial

7. Sentencing and Potential Penalties

8. Post-Conviction Options

How Cheryl Eddy Benn, P.C. Can Help

Schedule a Confidential Consultation Today

Contested vs. Uncontested Divorce in Virginia: Which Path Fits Your Situation?

Contested vs. Uncontested Divorce in Virginia: Which Path Fits Your Situation?

What Is an Uncontested Divorce in Virginia?

What Is a Contested Divorce?

Choosing the Right Path for You

How Cheryl Eddy Benn, P.C. Can Help

Schedule a Consultation Today

Will I Have to Pay Alimony in Virginia? Types and Trends in Spousal Support

Will I Have to Pay Alimony in Virginia? Types and Trends in Spousal Support

﻿ Types of Spousal Support in Virginia

How Courts Decide

Current Trends

Protecting Your Interests

What Documents Are Required for a Legal Name Change in Virginia?

Types of Spousal Support in Virginia

Petition for Name Change

Understanding Your Fourth Amendment Rights

Understanding Property Division in Virginia

Types of Misdemeanors in Virginia