SHINING A LIGHT IN A DARK PLACE:

October; the leaves change, football is in full swing, and pumpkin spice is quite literally everywhere. Kids pick out their Halloween costumes and prepare for a night of doorbell ringing and copious amounts of candy. If you were to ask me what I associate with the month of October I would say Halloween and Breast Cancer Awareness Month. I think of Breast Cancer Awareness because the NFL teams up with Breast Cancer Awareness; and many NFL players sport pink cleats, gloves, etc. in support of Breast Cancer Awareness. Breast Cancer Awareness month has taken centerstage in the United States when it comes to the “month long observances” that are in October. This blog hopes to shed some light on another “observance” that occurs in the month of October.

Most people do not know that October is also Domestic Violence Awareness Month (DVAM). DVAM is often overshadowed by Breast Cancer Awareness, and the events that bring light to Domestic Violence seem to go unreported if it is compared to the media coverage given to Breast Cancer Awareness. It is ironic that DVAM is overshadowed by Breast Cancer Awareness, since Domestic Violence itself is often overshadowed by other crimes deemed to be more “heinous” by society. Think about it . . . those running for local offices often discuss crime stats involving murder, rape, drugs, and gangs when campaigning for election, but rarely offer up for discussion the Domestic Violence crime stats that occur in our neighborhoods.

Make no mistake about it, Domestic Violence is an epidemic that is rampant within our communities. Statistics show that twenty people per minute are abused by a husband, wife, or partner; which equates to over ten million people each year. One in four women and one in seven men fall victim to severe physical violence from their partner. On a usual day, more than twenty thousand calls are made to domestic violence hotlines across the United States. The scariest thing about those statistics is that it only reflects reported cases of Domestic Violence. As mentioned above, Domestic Violence is a crime that lives in the shadows and often goes unreported.

This blog is not being written to offer solutions to the Domestic Violence epidemic in our communities. I cannot give a five-step process for getting out of an abusive relationship. What I can do is offer up some resources so that if you, or someone you know, is or becomes the victim of Domestic Violence you know where you can turn to for help.

One place you can turn to is the Young Women’s Christian Association (YWCA) located locally in Lynchburg City. They offer a 30 day, 32-bed emergency shelter for women and children in crisis. They also have a toll free 24-hour crisis hotline, which is 1-888-528-1041. You can also go to VSDVAlliance.org for additional resources and information. If you are currently a victim of Domestic Violence, the YWCA recommends the following step as you plan to leave:

1. Save all evidence – such as torn clothing;
2. Have a friend or police officer take pictures of your injuries (any pictures that you keep yourself can be destroyed if the abuser gets ahold of the pictures or your phone);
3. Keep your dental and medical records in an easily accessible location (you should also keep additional copies of these records in a safe place, out of reach of the abuser); and
4. Keep extra copies of important documents where you can easily obtain them ie. with a trusted friend, relative, or in a safety deposit box.

Another possible resource is to obtain a protective order against the abuser if they have committed acts of family abuse against the victim. Family abuse is defined in Virginia as “any act involving force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person’s family or household member. The victim can go to the local Juvenile & Domestic Relations Court and state the instances of abuse on a sworn affidavit, which will be given to a Judge to review. If the Judge thinks there is good cause shown, then the Judge will enter a preliminary protective order against the abused. Good cause requires a showing of recent abuse or that the threat of future abuse is imminent. If a preliminary protective order is granted, then the Court will schedule a hearing within fifteen days to determine if the preliminary order becomes permanent.

Once a protective order is granted it can stay in place for a maximum of two years. The Judge can also order as part of the protective order that the (1) abuser not commit acts of violence, force, or threat against the abused; (2) prohibit the abuser from contacting the abused or family and household members of the abused; (3) grant the abused possession of a companion animal; and (4) any other relief necessary to prevent acts of violence by the abuser.

As I mentioned above, there is no easy five-step process for overcoming Domestic Violence. I hope the material referenced in this blog serves as a starting point for helping you, or someone you know, begin to find their way out of an abusive relationship.

– Benjamin Rathsam, Esq.

A felony conviction, to many people, means more than just a loss of physical freedom through incarceration; it is also a loss of many of the privileges that they have enjoyed, and perhaps taken for granted, since they turned 18 years old. A felony conviction results in the forfeiture of many rights including: the right to vote; hold political office; be a notary public; sit on a jury; and purchase, possess, and transport a firearm. However, these rights can be restored, if a convicted felon turns their life around and “stays on the straight and narrow.”

Virginia Code §53.1-231.2 recognizes that many convicted felons can turn their life around, and thus provides a means for a convicted felon to have their political rights restored. Political rights include the right to vote, hold political office, be a notary public, and sit on a jury. There are several pre-requisites that a person must meet before they may request to have their political rights restored. First, they must not be convicted of a violent felony as it is defined in §19.2-297.1 or §17.1-805(C). Second, they cannot have been convicted of a felony under the following Code sections 18.2-248, 18.2-248.01, 18.2-248.1, 18.2-255, 18.2-255.2 or § 18.2-258.02, or 24.2-1016. Third, five years must have passed since the person completed any sentence he/she had to serve pursuant to the conviction; including all probation parole, and suspended sentence. Fourth, the person must have remained free from any other criminal convictions during the five-year period. And finally, the person must demonstrate civic responsibility through community service.

If a person has met all the pre-requisites as laid out above, then the person can petition the Circuit Court in the jurisdiction where they reside, or the Circuit Court where they were convicted of a felony for restoration of their political rights. If the Petition is approved by the Circuit Court, then the Court transmits the Order to the Secretary of the Commonwealth for the Petition to be approved by the Governor of Virginia. If the Governor approves the Petition, then the political rights have been restored. However, if the Governor denies the Petition, then there is no way to appeal the decision and the political rights will not be restored. The person is permitted to re-file a Petition one year after any denial to try to obtain their political rights.

It is important to note that the restoration of political rights is not a pardon for a felony, nor is it an expungement. Those are both separate proceedings that require separate Petitions apart from Restoration of Political Rights. Having your political rights restored also does not restore your right to possess, carry, or transport a firearm. That also requires a separate Petition.

A person can Petition to have their Firearm Rights restored if their Political Rights have been restored by the Governor of Virginia (as discussed above). If the political rights have been restored, then a person can Petition the Circuit Court in the City or County in which they reside to have their firearm rights restored. The Judge in his/her discretion may then grant or deny the Petition to restore the person’s right to possess, carry, and transport a firearm.

An attorney can help you determine if you are eligible to have your rights restored, provide you with a comprehensive plan to get yourself eligible for restoration in the future, and when the time comes; advocate on your behalf to have your rights restored. Call our office to get the process started.

Ben Rathsam Esqure

Gun Rights Felony Criminal Defense Criminal Law

How the GOP’s Sweeping Tax Reform Bill Effects Your Divorce:
Much has been made of the recent tax reform bill that was passed by Congress. No matter which side of the political spectrum you fall on, everyone must adapt and adjust to the new tax bill. One major change to the Tax Code is the removal of the deduction for alimony/spousal support payments.
For 75 years the Tax Code has allowed a deduction for the person making alimony/spousal support payments. This deduction was codified in Section 215 of the Tax Code, which stated that there shall be allowed as a deduction an amount equal to the alimony or separate maintenance or support payments made during an individuals taxable year. Thus, if a person was paying $2,000.00 per month in spousal support, then that person would be able to deduct $24,000.00 from their gross income at the end of the tax year. Obviously, this deduction made giving money to an ex-spouse a little easier to stomach.
That has all changed with the GOP’s recent tax bill. Section 11051 of the new Tax Bill repeals Section 215 of the Tax Code, which allowed for alimony or spousal support payments to be deduction from gross income. Alimony is defined in the Tax Bill as money that is received by a spouse under a decree of divorce or other separation instrument-provided that-the payor spouse and payee spouse are not members of the same household, and there is no obligation of the payor spouse to continue to making payments after the payee spouse dies. Therefore, with the passing of the bill, people who are paying alimony or spousal support will no longer be allowed to deduct the amount that they paid in support during the tax year.
So how does this effect your divorce? Well, the answer put simply is it doesn’t . . . right now. Section 11051 does not take effect until January 1, 2019. Thus, if you are currently paying spousal support to an ex-spouse pursuant to a divorce decree, then you are grandfathered into Section 215 of the Tax Code, and can continue to deduct your spousal support payments in perpetuity. Furthermore, any spousal support that is paid pursuant to a divorce decree entered in 2018 is also grandfathered into Section 215 of the Tax Code. However, that all changes in January of 2019. Any spousal support that is ordered to be paid from a divorce decree that is entered in 2019 will not be deducted from the payor’s income. Thus, if you are currently separated from your spouse, then getting your divorce finalized in 2018 could allow you to deduct thousands of dollars from your gross income if you end up paying monthly spousal support.

By Benjamin Rathsam Esq.

Family Law Taxes Trial law