COVID-19

In previous blogs, we've explored how the COVID-19 pandemic has impacted people in different ways. At the beginning of the pandemic, statistics indicated that COVID-19 could spark a wave of divorces across the U.S., leading to an increased divorce rate, but more recent information seems to combat that narrative.

Today, we're taking a look at whether the U.S. divorce rate is really rising in the wake of COVID-19 and, if so, why.

To receive experienced legal counsel for your divorce case, contact us online or via phone at (757) 267-4949">(757) 267-4949.

Why Did People Predict that COVID-19 Could Lead to an Increased Divorce Rate?

Initially, statistics from China where the COVID-19 pandemic began indicated a sharp rise in the divorce rate there. For example, in the province of Miluo, staff in government offices were so overwhelmed by the number of divorce filings that they apparently didn't even have time for water breaks. Another city, Xi'an, also reported record numbers of divorce filings.

Divorce and family law professionals hypothesized two reasons for the dramatic increase:

1. Government offices in most Chinese cities closed for at least a month at the outset of the pandemic. As a result, staff were hit with a month's worth of backlog when offices reopened, so what may appear to be a doubling divorce rate could just be a month's worth of divorce paperwork all being processed at once.
2. According to some experts and sociologists, an increased divorce rate could also be explained by couples staying cooped up together at home for extended periods. Being unable to spend time with friends consistently or away from a romantic partner could exacerbate tensions within a relationship and lead to its eventual decline.

Initially, it appeared as though predictions that COVID-19 could increase the divorce rate in the U.S. and other western countries were correct.

Legal form website LegalTemplates reported a 57% increase in interest surrounding the term "legal separation" from February to April of 2020. Additionally, the business reported a 34% increase in sales of divorce agreements during early 2020 compared to the same time period in 2019.

So, Did the U.S. Divorce Rate Increase Throughout 2020?

Contrary to initial assumptions, it appears as though the divorce rate may be down throughout 2020 in the U.S. Sociologist W. Bradford Wilcox (University of Virginia, Institute for Family Studies) and research fellow Lyman Stone (Institute for Family Studies) recently took a deep dive into the U.S. divorce rate throughout 2020 and the pandemic.

The researchers noted the American Family Survey, which found that 34% of married individuals 18-55 reported increased stress in their marriage, as informing the study. However, increased marital stress isn't the only narrative here - the AFS also found that 58% of individuals in the same demographic reported that their appreciation for their spouses increased over the pandemic.

Wilcox and Stone analyzed divorce rates across five states, and their findings were surprising. According to their research, the divorce rate in Florida, Rhode Island, Oregon, and Missouri fell by 19%, 13%, 12%, and 9%, respectively year-over-year from 2019 to 2020. Arizona was the only state the researchers found had an upswing in divorce, with the divorce rate increasing by 9% year-over-year.

The researchers also noted that the divorce rate fell significantly during the Great Recession, decreasing by 20% shortly after the Recession. The COVID-19 pandemic was also a major source of economic instability in the U.S. - tens of millions of Americans have filed for unemployment over the last year. A decrease in the divorce rate over 2020 would mirror the precedent already set by the Great Recession.

However, it will be interesting to see divorce statistics for January and February of 2021. The beginning of the year is often the most popular time to file for divorce, and many people who have held off on filing for divorce over the past year may choose to do so throughout 2021.

At The Law Offices of Daniel J. Miller, we help Virginians navigate the divorce process. To schedule a consultation with our team, contact us online or via phone at (757) 267-4949">(757) 267-4949.

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.

It's been over a month since the World Health Organization declared that a new coronavirus (COVID-19) was officially a pandemic. As people and governments across the globe continue to take the COVID-19 pandemic more seriously, questions have arisen about how to handle individuals who refuse to wear masks or even cough on others as a sort of "threat."

If you've wondered, "could someone be charged with assault for coughing on another person during the COVID-19 pandemic?" You're not alone—and we've got the answers. Today, we're diving into how COVID-19 affects the criminal defense industry at large.

It All Started with... Ice Cream?

You may not remember this, but, earlier in 2020, a viral trend briefly kicked off. People—many of them in their teens and 20s—started filming themselves walking into grocery stores, opening ice cream containers, taking a lick, and putting the ice cream back on the shelf.

Disgusting, right? Well, it turns out it was also illegal. One person who filmed himself attempting the stunt in Port Arthur, Texas, pleaded guilty to food tampering. He was sentenced to 30 days in jail and a fine of $1,000. He also had to pay Blue Bell Creameries $1,565 in restitution.

Fast forward a couple of months into the COVID-19 pandemic, and we're seeing people display similar behavior toward the coronavirus. On April 7, a man in DeBary, Florida, purposefully coughed on a 21-year-old cashier because the cashier was wearing a mask. He told the cashier, “This is getting out of hand. This is why everywhere I go, I cough behind everyone with a mask on.”

Ultimately, what he did wasn't that much different than somebody pulling off the ice cream "prank" a few months earlier. Both acts display a disregard for the safety of other people and their wellbeing. But the consequences for intentionally coughing on someone during the COVID-19 epidemic could be much more severe than the penalties for licking some ice cream.

Can You Be Charged with Assault for Coughing On Someone During the COVID-19 Pandemic?

Short answer: yes. In Severn, Maryland, a woman got into a dispute with an employee at a housing complex. Her car had been towed, and she demanded compensation from the employee. When they refused, the woman grabbed their arm and allegedly said she had tested positive for COVID-19. The woman then told the employee they now had the virus, too, implying she had infected them.

The woman faced several charges, including second-degree assault, failing to comply with a health emergency order, and exposure by an infected individual.

Charges don't stop at assault, either. A woman in New York was charged with making a terroristic threat after claiming she had COVID-19 and coughing on people around her.

Why Is Coughing on Someone Assault?

Assault and battery laws vary slightly by state, but assault is generally defined as a premeditated or intentional act that either harms someone or causes another person to believe they are in danger of suffering from immediate bodily harm.

For example, let's say you get in a disagreement with someone and pull out a knife. If you say, "I'm going to stab you," you can be charged with assault even if you don't follow through on the threat, because the other person now has a reason to fear you're going to cause them bodily harm.

Assault charges for COVID-19 work in much the same way. A person who gets coughed on by someone who claims to have the coronavirus might reasonably fear that they now risk contracting the virus as well. As such, they can press assault charges.

To be charged with assault, an individual must:

• Know they're infected. As you'll notice in the other stories we covered, everyone charged with assault for COVID-19 has believed they have the virus, announced that information to others, and announced their intent to infect others with the virus. That's the equivalent of saying, "I'm going to stab you" while holding a knife, except using a disease instead of a physical weapon.
• Act recklessly. It may not be assault for someone with COVID-19 to go outside or be by other people, but it is assault if they knowingly take any actions that could expose others to the virus—which is why people who intentionally try to infect others get charged with assault.

We hope this blog has cleared up any questions you have about COVID-19 and assault charges. At The Law Offices of Daniel J. Miller, we help clients tackle a legal disputes across a wide range of practice areas, including family law and criminal defense.

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

There is growing interest in the use of cell phones to track individuals to slow the spread of the virus. The concept, which has already been successful in other countries, alerts the user if he or she has been within 6 feet of someone who later tests positive. In theory, all alerted individuals would then be tested and self-quarantined if the tests returned positive.

As can be expected there is controversy surrounding the use of what some may consider an intrusive device. Will the government request that Apple and Google install these apps automatically with their next updates? Will the default setting be to turn on or off the application? Does the implementation of this application without the express consent of the user violate our right to privacy?

As with any alleged intrusion, there is a balancing act. The Courts consider the degree of the intrusion versus the benefit that we may derive from its use. Against this backdrop, the Courts will often determine whether there are less intrusive means by which to get the same result.

In fact, legal challenges facing data mining are not new. Norfolk Federal Court is hearing the case of United States v. Okello Chatrie. In this case, Mr. Chatrie, an alleged bank robber, is challenging the use of Google data, which the police used to determine his identify. The practice, referred to as Geofencing, allowed the police to obtain a warrant for a list of all individuals near the bank at the time of the robbery. Mr. Chatrie is seeking to have the data gained from the Geofencing, which was then used as evidence in his arrest, “suppressed” from use by the prosecution on the basis that it was unlawfully collected. Without that data, there is no arrest to begin with.

The Fourth Amendment guarantees that individuals have a right to a “reasonable expectation of privacy.” The general argument against the use of Geofencing data is that it infringes upon the reasonable expectation of the privacy of all the individuals who come up in a search. The Fourth Amendment further protects against unlawful searches and seizures. This includes individuals having a right to be free from unreasonable searches. The government’s access to the Geofencing data allows them to know where an individual, who is otherwise an innocent bystander and has thereby given the government no reason to be “searched,” was located on the date of the offense.

The reasonable expectation of privacy standard is a subjective standard that has a long history of litigation in the courts. It will be interesting to see how the Courts rule on Geofencing and other issues. Motions to suppress evidence based upon a violation of one’s Fourth Amendment rights are complex and are determined on a case by case basis.

This article was co-authored by our founder and lead Criminal Defense Attorney Daniel J. Miller and former attorney James Weaver. Dan is a Hampton Roads native and has spent over 25 years representing clients in criminal defense matters in Virginia Beach and throughout Hampton Roads. James is an Associate Attorney at the firm. His practice focuses primarily on family law issues.

If you or a loved one is facing criminal charges and you would like to know whether your Fourth Amendment rights, or any other rights, have been violated, give us a call today at (757) 267-4949">(757) 267-4949 for a free consultation.

Recently a pastor with Lighthouse Fellowship church in Chincoteague was issued a criminal summons for holding a church service with more than 10 people in attendance. To fight back, the Church filed a 50-page complaint in Norfolk Federal Court against Governor Northam alleging that religious activities are being targeted and restrained more so than its secular counterparts. The complaint alleges that the Governor’s ban violates the church’s rights to freedom of speech, free exercise of religion, and peaceable assembly under the First Amendment. Specifically, the complaint seeks an immediate injunction so that individuals who want to attend church may do so at their own risk.

The Governor's order relies upon Section 32.1-13 of the Virginia Code which grants the board of health wide-sweeping authority to draft an order for the purpose of suppressing communicable, contagious, and infectious diseases. Giving this order teeth is Section 32.1-27, which makes any person who willfully violates, refuses, fails or neglects to comply with this order guilty of a Class 1 misdemeanor. A Class 1 misdemeanor carries the potential for twelve months in jail and a $2,500 fine.

The separation of Church and State has always been a hotly contested issue. The First Amendment to the United States Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” This clause has led to hotly contested court battles which have resulted in things such as the removal of the Lord’s prayer in public schools, the removal of swearing in ceremonies for public office and the taking down of the ten commandments in courts of law. However, these hotly contested court battles did not involve the sweeping actions taken by state governments such as Virginia under a global pandemic. As the shutdowns continue and individuals are forced to pray remotely it will be interesting to see how this pans out.

As of the writing of this article churches in Kansas and Kentucky have reacted with similar lawsuits. On April 18^th the US District Court in Kansas issued a temporary restraining order prohibiting the police from enforcing their state’s ban against church gatherings. In Indiana, the Governor has expressed that churches are “essential” and may stay open if they practice social distancing and good hygiene.

Although the First Amendment’s religion clauses have been heavily and hotly litigated in the past, they have not been tested under the events of the current state and national environment, and it remains to be seen whether our government can indeed lawfully “silence prayer” by prohibiting church gatherings like our state has done in Chincoteague.

This article was co-authored by our founder and lead Criminal Defense Attorney Daniel J. Miller and former attorney James Weaver. Dan is a Hampton Roads native and has spent over 25 years representing clients in criminal defense matters in Virginia Beach and throughout Hampton Roads. James is an Associate Attorney at the firm. His practice focuses primarily on family law issues If you are interested in speaking to Mr. Miller about a criminal charge relating to the First Amendment, or regarding any other criminal charge, please call our office today to schedule a consultation.”

THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION PROVIDES THAT AN ACCUSED HAS A RIGHT TO A SPEEDY TRIAL.

Under Virginia law, the right to a speedy trial means that incarcerated individuals have a right to a trial within five months of being indicted or five months after the preliminary hearing date. A Virginia Supreme Court Order declaring COVID-19 a natural disaster has, with limited exceptions, shut down our Court system so that most criminal trials are not moving forward.

The Supreme Court Order requires the Circuit and District Courts to continue all criminal matters, including jury trials, subject to a defendant’s right to a speedy trial, with the exception of emergency matters, including but not limited to, quarantine or isolation matters, arraignments, bail reviews, protective order cases, emergency child custody or protection cases, and civil commitment hearings. Judges may exercise their discretion regarding proceeding with ongoing jury trials, and in cases where the defendant is incarcerated.

In drafting this Order the Supreme Court relied upon Virginia Code section 17.1-330 (D). This statute states in pertinent part that if we have a natural disaster the Courts “may, notwithstanding any other provision of law, draft an Order suspending, tolling, extending, or otherwise granting relief from deadlines…”

So this begs the question: If the prosecution is requesting a continuance and a Circuit Court judge grants a continuance past the five-month mark does this deny a Defendant his right to a speedy trial? The statute and Order seem to prohibit going past the five-month mark but at the same time gives the Court the necessary discretion to move past it.

In most cases, a good attorney will look to prior case law, current statutory law, and consider the facts surrounding your particular case to make the proper argument and to give Judges some guidance on how to rule.

As of the date of this post we are in the middle of our third round of 21- day closures. Many individuals in the Virginia Beach city jail and surrounding areas are being held beyond their speedy trial dates. If you need assistance with this or any other matter, please give us a call. And remember, the right attorney makes all the difference.

This article was written by our founder and lead Criminal Defense Attorney Daniel J. Miller. Dan is a Hampton Roads native and has spent over 25 years representing clients in criminal defense matters in Virginia Beach and throughout Hampton Roads. If you are interested in speaking to Mr. Miller about a case, please call our office at (757) 267-4949">(757) 267-4949 today to schedule a consultation.

“How can I get my loved one out of jail during the coronavirus pandemic?”

There is genuine concern from the Centers for Disease Control (CDC) over the health and safety of incarcerated individuals. In this blog, I am going to discuss bond motions and reconsiderations during the COVID-19 outbreak.

Filing a Motion for Reconsideration

If you or a loved one had a previous bond hearing and it didn't go the way you expected, you can file a motion to have this hearing reconsidered. Under normal circumstances, the general rule is that a motion for reconsideration must be filed within 21 days of a prior bond order.

However, since the 'stay-at-home' order was established, the court has slowed legal processes. This means that you may be able to file a motion for reconsideration 40 or more days after the initial hearing.

Can You Guarantee They Will Receive a Bond?

There are never any guarantees in the legal realm, determinations are left entirely up to the judge presiding over the case. However, we will use our sound legal skills to present your case to the court and aggressively advocate for the best interests of your loved one.

The 3 main questions a judge will usually want answered are:

1. What is the present threat?
2. Is your loved one more susceptible to the virus than the average person?
3. What offense put her loved one in jail?

Additionally, to illustrate the possible danger of a county jail, our attorneys try to provide answers to the following questions:

1. Is there a current outbreak in the county jail?
2. If so, how many individuals are affected?
3. What measures have jail personnel to quarantine the affected individuals?
4. Who else have the affected individuals been in recent contact with?
5. Were those other individuals tested and quarantined?

If your loved one has a verifiable health issue that makes them particularly vulnerable to the virus, we may be able to present this fact as evidence to approve a bond.

According to the CDC, the elderly and individuals with certain preexisting conditions are the most vulnerable to contracting and dying from this virus. It's important to remember that each case is as unique as the client we represent. The court will weight the possible danger to your loved one against what their charges are and their criminal history to determine whether to grant bond or not. For more information on the standards of bond hearings, check out our video series.

Advocating For Your Loved One's Rights

At the end of the day, the right attorney for the case makes all the difference. At The Law Offices of Daniel J. Miller, our criminal defense attorneys will work with you and your loved one to seek a bond hearing. Due to the current 'stay-at-home' order and our dedication to the health and safety of our clients and staff, we have temporarily closed our office. However, we are still available for legal consultations via phone or video.

To speak to an attorney, contact our office online or call us at (757) 267-4949">(757) 267-4949 today.

“I am concerned about my child's safety while participating in visitation during the Coronavirus crisis. What do I do?”

Over the last few weeks, we have received many calls from clients asking about whether they are required to comply with visitation orders. These clients are worried the other parent is not doing their part to protect their child. The short answer is that, in most instances, you are obligated to comply. In this blog, I will discuss why compliance is required, the exceptions to the rule, and what you can do if your situation reflects any of these exceptions.

1. General Rule

The general rule is that a party must comply with all court orders. Courts determine child visitation arrangements with the child's best interests in mind and expect these arrangements to be followed by all parties involved (unless the court changes the arrangement later down the line). If a court determined either party was incapable of putting their child's best interests first during their visitation, they would not have awarded unsupervised visitation. By failing to comply, either party could face contempt of court charges which may result in jail time and/or a partial loss of custody or visitation time.

1. are the exceptions?

There are many hypothetical situations that either party could utilize to prove the other party is not protecting the health and welfare of their child during the coronavirus pandemic.

These hypothetical situations may include:

• the child suffers from an autoimmune disorder and the other parent is not upholding social distancing
• the other parent does not take proper health and safety precautions before leaving the house
• the other parent continues to take the child to public places without a face covering
  1. You Can Do If Your Child Meets The General Rule Requirement

A court's main goal in child custody issues is to ensure the child is safe and well taken care of. We recommend using at least 1 of the following 3 steps:

1. Have an open discussion with the other parent to discover the possibility of common ground. To achieve this, both parties must try to be sensible, reasonable, and open to compromise. For example, maybe you can suggest providing more time for summer break if the other parent allows you to keep the child for the entirety of spring break. Additionally, we recommend these discussions be recorded to show a judge.
2. File a motion to modify visitation and request an emergency hearing in the juvenile and domestic relations court in your area. If the court grants this motion, they can modify or suspend the other parent's visitation until a full hearing can be held by the court.
3. If your child is in immediate risk of harm, you should file a request for a Protective Order on behalf of your child.
   85110978803793. Your Child's Best Interests

As of the writing of this article, the courts are in recess (with the exception of holding bond hearings, arraignments, and emergency protective order hearings). The Law Office of Daniel J. Miller is more than capable of handling all of your family law issues.

To speak to our attorneys, call us at (757) 267-4949">(757) 267-4949 or contact us online.

Industries across the country have keenly felt the impact of COVID-19, and family law is no exception. From child custody to court operations and beyond, it's hard to think of an area of family law that hasn't changed due to the coronavirus.

Understanding these changes can help attorneys and clients alike navigate their cases more easily. Today, we're taking a look at how COVID-19 has changed family law and what you can expect from the legal industry going forward.

Courts Move Online

One of the most significant ways COVID-19 has impacted family law is by fundamentally changing how courts operate. Most courts aren't hearing family law cases in court (unless it's for an emergency like domestic violence). Instead, courts are using videoconferencing tools like Microsoft Teams to hold remote hearings.

For clients and attorneys alike, the shift to online hearings is something of a double-edged sword. On the one hand, it makes attending trial easily accessible to individuals without transportation. On the other, clients or attorneys with shoddy internet (an issue many Americans suffer from) may find remote hearings frustrating.

However, the shift to online platforms does have positive implications for the family law industry overall. It could encourage courts to digitize furthers and make remote hearings even more streamlined. If that happens, court would be much more accessible to your average citizen who can't make time to drive down to the courthouse—and the more accessible our legal system is, the better it is for your average American.

Parents Battle Through Child Custody Disputes

On our blog, we've already discussed how COVID-19 impacts child custody arrangements. From parents losing jobs thanks to an unexpected economic crisis to essential workers figuring out how to handle custody, co-parents today face no shortage of COVID-related challenges.

Again, there is a silver lining here. Many co-parents will come out of the COVID-19 pandemic with more robust, comprehensive co-parenting arrangements than they went in with. However, that doesn't make the plight of parents now any easier to bear.

Domestic Violence Spikes Across the Country

According to the University of Texas at Dallas, incidents of intimate partner violence in Dallas increased by 12.5% when the city's stay-at-home order went into effect. Domestic violence attorneys across the country expect similar increases to happen in cities across the country, which is disturbing considering that in-home violence is already underreported.

Law enforcement agencies across the country will need to brace to handle more domestic violence cases in the coming months.

The Divorce Rate May also Increase

Marriages may be another unexpected casualty of COVID-19. In China, cities experienced record-breaking numbers of divorce filings post-quarantine—and many family law attorneys predict the same thing could happen in the US.

Only time will tell if the divorce rate in America will increase, but if it does, attorneys need to get ready for an exceptionally busy 2021 divorce season.

At the Law Offices of Daniel J. Miller, we help clients resolve a variety of family law-related disputes. To learn more about our team or schedule a consultation, contact us online or via phone at (757) 267-4949">(757) 267-4949.