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Virginia

ID
2049
Level
State or Province
ParentID
70

Bergaust v. Flaherty

The plaintiff, a mother, brought a petition for child support against the putative father.  The two met during a trip to France and had a long-distance relationship for 18 months.  After returning to Virginia from another visit to the defendant in France, the plaintiff learned she was pregnant.  Because the defendant was her only sexual partner during the relevant time period, she informed the defendant that the child was his.  The defendant said he would help in any way he could and called twice a week during the pregnancy.  Their child was born in Alexa

Code of Virginia: Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc. (Va. Code § 19.2-81.3)

This Virginia law allows officers to make an arrest without a warrant in certain cases of assault and battery, or stalking, against a family or household member. Instead of a warrant, the arrest must be based on probable cause, the officer’s personal observations, the officer’s investigation, or a reasonable complaint from a witness.

Code of Virginia: Civil Action for Stalking (Va. Code § 8.01-42.3)

Under Virginia law, a victim has a civil cause of action against an individual who engaged in stalking conduct prohibited under Code of Virginia § 18.2-60.3, regardless of whether the individual has been charged or convicted for the alleged violation, for the compensatory damages incurred by the victim due to the conduct plus the costs for bringing the action. A victim may also be awarded punitive damages in addition to compensatory damages.

Code of Virginia: Equal Pay Irrespective of Sex (Va. Code Ann. § 40.1-28.6)

This Virginia law prohibits employers from discriminating between employees on the basis of sex by paying less wages to employees of a certain sex than employees of the opposite sex for equal work on jobs that require equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or a differential based on any other factor other than sex.

Code of Virginia: Jurisdiction; Consent for Abortion (Va. Code § 16.1–241(W))

This Virginia law provides the judges of the juvenile and domestic relations district court jurisdiction over petitions filed by a juvenile seeking judicial authorization for a physician to perform an abortion if a minor elects not to seek permission from an authorized person.  This statute further specifies that after a hearing, a judge can issue an order authorizing a physician to perform an abortion, without the consent of any authorized person, if the judge finds that (i) the minor is mature enough and well enough informed to make her abortion decision, in consultation with her phy

Code of Virginia: Personal action for injury to person or property generally (Va. Code § 8.01-243(D))

This section of the Virginia Code provides that a cause of action resulting from sexual abuse during incapacity or infancy accrues upon the later of the removal of incapacity or infancy or when facts of the injury and its causal connection to the sexual abuse is first communicated to the person by a licensed physician or psychologist. 

Code of Virginia: Rape (Va. Code § 18.2-61)

This Virginia law defines rape as sexual intercourse with a complaining witness, or causing a complaining witness to engage in sexual intercourse with any other person, regardless of the existence of a spousal relationship and such act is accomplished (i) against the complaining witness's will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness's mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim.

Code of Virginia: Stalking; penalty (Va. Code § 18.2-60.3)

Virginia law prohibits that any person, except law enforcement officers acting in the capacity of the official duties, and registered private investigators acting in the course of their legitimate business, who on more than one occasion engages in conduct with the intent to place, or when that person knows or reasonably should know that the conduct places another person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person’s family or household member is guilty of a Class 1 misdemeanor.

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