Blogs from July, 2020

Trespassing is covered under Virginia Code Section § 18.2-119 and is entitled Trespass after having been forbidden to do so.

Trespassing is a class one misdemeanor which carries the potential for 12 months in jail, a $2500 fine, and an order prohibiting you from entering onto the property again.

To find you guilty the Court must find that each of the following elements have been proven beyond a reasonable doubt:

1. That you went onto someone’s property
2. That you went onto someone’s property after having been requested not to come onto the property
3. And that the individual who requested that you not come onto the property has the authority to prohibit you from entering the property
4. And that you otherwise have no legal right to be on the property

*It should be noted that the request to not to come onto the property can be verbal, in writing or can be conveyed by the posting of a sign.

If you receive notice from a posted sign the Court must find that the sign was placed in an area where it could be seen.

**It should also be noted that if you have a legal right to be on the property, for instance, you are renting the property, then the landlord does not have the ability to deny you access by verbal or written notice without going thru the proper channels to have you evicted.

As with any criminal case, the possible defenses are too numerous to list and often turn on the facts specific to your case. If we can help you with this or any other matter please give us a call at (757) 267-4949">(757) 267-4949. And remember the right attorney makes all the difference.

If you're currently suffering from domestic violence, please consider calling the National Domestic Violence Hotline at 1-800-799-7233 or texting the hotline at 1-800-787-3224. Alternatively, you may find this website by the Virginia Department of Social Services, or this list of resources by DomesticShelters.org, helpful. Please stay safe.

At this point, it's probably easier to list the ways COVID-19 hasn't impacted our lives. From work to school to personal life, the coronavirus pandemic has completely restructured how Americans conduct themselves.

In a recent blog, we wrote about how COVID-19 may spike the divorce rate. Now, legal scholars and domestic violence experts fear COVID-19-related lockdowns may impact the US in a more somber way, leading to a rise in domestic violence across the nation and globe. Today, we're exploring the factors that could lead to more incidents of intimate partner violence in the US during the time of COVID-19.

Why Would COVID-19 Cause Domestic Violence Rates to Increase?

According to domestic violence advocates, COVID-19-related quarantines and lockdowns could be at the center of escalating domestic violence rates across the US and other parts of the world.

Abusers often follow a pattern, known as the "cycle of domestic violence" by advocates. Typically, the cycle looks something like this:

• The honeymoon phase. In this phase, the abuser tries to lure the survivor/victim in by creating a relationship that seems "too good to be true." They may be charming and generous during this period.
• The escalation phase. During the escalation phase, abusers start to show signs of abusive behavior and try to find a way to "justify" their abuse. They may start controlling the people their partner sees or their finances. They may also become increasingly angry at small "offenses" or things that are complete nonissues, such as the survivor/victim waiting "too long" to do the dishes or "failing to keep the house clean." The abuser may constantly "shift the goalposts" of their expectations, so the survivor/victim feels like they can never please them.
• The abuse incident. Once the abuser has control over the survivor/victim, they commit the act of abuse. Abuse can take multiple forms, including verbal and physical.
• The remorse phase. After committing an act of abuse, abusers often act remorseful. They may promise the survivor/victim that they'll "change." They may employ many of the same tactics they used during the honeymoon phase to try and keep the survivor/victim in a relationship and prevent them from taking action against the abuse. At this point, the cycle starts to repeat.

Domestic violence experts and advocates worry that COVID-19-related quarantines and stay-at-home orders could force abusers and survivors/victims to spend more time together, increasing the speed with which the abuser moves through the phases of the cycle. Since abuse often escalates in severity each time the cycle repeats, that could be devastating for survivors/victims in abusive relationships.

Are There Statistics Showing an Increase of Domestic Violence During COVID-19?

Yes.

In Jingzhou, a city in China, police received 300% more domestic violence calls in February 2020, when the city was under quarantine for COVID-19, than they did in February 2019. A study by the University of Texas at Dallas recently found that domestic violence incidents increased by 12.5% while Dallas' own shelter-at-home order was in place. Finally, United Nations Women issued an official statement warning that women could suffer disproportionately from COVID-19 due to increased domestic violence rates during quarantines and stay-at-home orders.

Cities are caught in between a rock and a hard place here. Shelter-at-home orders help prevent residents from contracting COVID-19, so cities will continue to order them as long as the virus continues to spread. Unfortunately, survivors/victims could pay the price. Domestic violence lawyers and law enforcement professionals will need to brace themselves for an increase in domestic violence cases as 2020 continues and shelter-at-home orders for many of the world's largest cities remain in place.

At The Law Offices of Daniel J. Miller, we help survivors/victims receive the legal counsel they deserve, working with them to pursue legal measures like protective orders against abusers.

To schedule a consultation with our team, contact us online or via phone at (757) 267-4949">(757) 267-4949.

Personal injury cases can be difficult to handle. When you're trying to recover from an injury, the last thing you probably want to do is deal with a legal case.

But making sure you find the best path forward in your personal injury case is important. Receiving a positive judgment from the court could reduce the financial impact of your injury and help you lead a happier, healthier life later down the line. To that end, there are some common mistakes people often make in personal injury disputes you'll want to avoid as you progress your own case.

Mistake #1: Assuming All Personal Injury Cases Have Big Payouts

People often mistakenly assume that personal injury cases result in big paydays, which isn't always true.

People often use personal injury disputes, like the infamous McDonald's hot coffee personal injury lawsuit, as examples of cases where a victim received a significant amount of money. In the McDonald's case, an elderly woman, Stella Liebeck, received $3 million from the fast-food empire after suffering burns from spilling hot McDonald's coffee on herself.

Or at least, that's the popular narrative surrounding the case. What actually happened is quite a bit different.

People often downplay Mrs. Liebeck's injuries, which were actually quite significant. She suffered burns over 16% of her body, many of which were severe enough to require skin grafts.

Additionally, McDonald's knew it was serving coffee too hot. The restaurant had received almost 700 complaints about its coffee, which was served at 180-190 degrees Fahrenheit—hot enough to cause third-degree burns in less than 15 seconds. McDonald's' negligence in refusing to lower coffee temperatures even after hundreds of complaints played a key role in the case.

Despite all that, Mrs. Liebeck received much less money than most people think. While a jury did award her $2.7 million in punitive damages, that amount was reduced to $680,000 by a judge. McDonald's appealed the case, and Mrs. Liebeck ended up settling for less than $500,000 out of court.

Many personal injury cases end up like Mrs. Liebeck's, settled out of court for a smaller sum than the jury deems equitable. That's because, especially when large companies get sued for personal injury, they often try to keep cases in the court by appealing them. If the victim wants to receive damages compensation in a reasonable amount of time, they may need to settle out of court for a smaller sum than the court would award them.

Mistake #2: Not Cataloging Expenses Accurately Enough

Many people also make the mistake of failing to meticulously catalog expenses they suffer as a result of their injury, which can stop them from receiving an equitable judgment.

In many personal injury lawsuits, you can claim compensation for more than just medical expenses. You may also be eligible to receive compensation for mental trauma you suffered as a result of the injury, lost wages from missed time at work, and more.

However, you can only get the full amount of compensation you deserve if you have a strong case. Keeping track of every cost you incur as a result of the injury is vital if you want to be fairly compensated for the injury, and far too many personal injury victims fail to catalog injury-related expenses accurately.

Mistake #3: Assuming Your Insurance Company Is on Your Side

Insurance companies have one goal: Make money. To that end, the less they pay out in personal injury claims, the better it is for their bottom-line.

Many personal injury victims assume their insurance company will fight for the greatest sum of money they could possibly receive, but that's rarely the case. Insurance companies turn a profit by charging people high premiums and paying out relatively little in return, so you may find yourself battling your insurance as much as you fight the person or entity that injured you.

The reticence of insurance companies to pay personal injury victims is one reason it's so important to have a good personal injury lawyer on your case. A personal injury lawyer will fight for your rights, advocating your best interests and helping you receive the compensation you deserve for your injury.

At The Law Offices of Daniel J. Miller, our experienced attorneys stand ready to help you navigate your personal injury case with confidence.

To schedule a consultation with our team, contact us online or via phone at (757) 267-4949">(757) 267-4949.