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IN YOUR DEFENSE
NOVEMBER 2022
757.852.3000 | LegalDefense.com
Fighting Against Injustice
ONE CASE AT A TIME
We never know where our journey will take us, but sometimes, the pieces fall perfectly into place. I’ve had the pleasure of meeting and working with many of you since I joined the team as an attorney here at the Law Offices of Daniel J. Miller this past February. For those of you with whom I have not yet become acquainted, my name is Jeff Blaire. I look forward to working with you all in the future with whatever you may need. I went to law school at West Virginia University in Morgantown and graduated in 2013. I started working in the field as soon as I graduated. I served as a law clerk for three different circuit court judges in West Virginia for two years before I decided to open my own practice. I ran that practice for five years, and in 2020, my wife was offered a position in Chesapeake, Virginia, that she couldn’t pass up. I closed my practice, made the move, and found a job with the public defender’s office in Chesapeake. I ran into Dan last December while working a case. He informed me that he had been watching me and was impressed. He offered me a position with his firm; the rest is history.
it. Many people don’t have a voice in court, and it’s up to their attorney to be assertive and fight for them. That’s exactly what I try to do. Let’s say we have a custody case where a father is
good to his children and spends most of his time caring for them, but the mother steps in and says he will never see his children again. This can be devastating for the father and the children. I’m a father myself with two wonderful children. I couldn’t imagine being put in the same situation, which is why I will fight with everything I have to ensure that injustice doesn’t win. When you work with me, you’ll notice that I bring plenty of energy to everything I do. If I have a trial going on, I’ll come in hours early to make sure everything gets done that needs to get done. I’m a planner by nature. I like to think about every scenario and the different answers to my questions. I want to be able to anticipate the opponent’s next move. I’m always well-prepared! I love spending time with my wife and our two children when I’m not at work. We spend plenty of time at the beach building sand castles. We recently moved into a new house, so I’m always finding new projects to do there. We often hiked when we lived in West Virginia, and now that we’re more settled, we’re hoping to start hiking again. I’m ecstatic to be a member of the team here at the Law Offices of Daniel J. Miller. I look forward to working with our clients for their legal needs. –Jeffrey Blaire
“Whenever there’s injustice, I feel it’s my responsibility to correct it.”
I’m incredibly passionate about getting justice for my clients. Throughout my career, I’ve seen many people
steamrolled by the courts, and it’s always left a bad taste in my mouth. I want to stand up for the underdog. People deserve their rights, and I want to be there to defend those that have been accused of wrongdoing by the state. While I have great experience working as a public defender, I’ve also done my fair share of family law cases, which is why I’ve been heading many of our family law cases at the Law Offices of Daniel J. Miller. Whenever there’s injustice, I feel it’s my responsibility to correct
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P olice C alled D uring a D omestic D ispute ?
HERE’S WHAT TO EXPECT
aggressor by considering prior complaints of family abuse, witness statements, and the severity of injuries. Domestic assault charges differ from typical assault charges. In a regular assault case, the victim files charges against the aggressor. In a domestic assault case, the police bring charges against the predominant physical
station to be processed. Depending on the severity of the case, the individual may be eligible for bail if they don’t have a bad criminal record. After processing, the individual will have an initial hearing where the judge informs them they have the right to counsel. Next, they can expect to attend a trial if they’re facing a misdemeanor, or they will attend a probable cause hearing if charged with a felony. If you find yourself in this situation, you mustn’t talk about the situation with the police. Remember, they are the ones bringing charges against you, so their main goal is to gather evidence to convict you. Do not incriminate yourself. If you’ve been arrested for domestic assault, it’s essential that you hire a lawyer as soon as possible. We’re available to help if you need representation.
In most cases, Virginia law enforcement officers will arrest someone when they respond to a domestic violence call. Virginia law requires officers called to a domestic dispute to determine the primary aggressor and arrest that person. Officers will assess the situation and figure out if a domestic assault occurred by determining probable cause. Before making an arrest, the officer will determine the primary
aggressor. This means the victim — whether a spouse or someone else in the household — cannot simply call the station and state they’ve changed their mind about pressing charges. The Commonwealth of Virginia brought the charges; the victim only serves as a witness in the case.
After an individual is arrested for domestic assault, they will be taken to the police
A D aily D ose of G ratitude
RAISING THANKFUL CHILDREN
Most parents want their kids to view Thanksgiving as a meaningful event — not just an opportunity to indulge in turkey and mashed potatoes. Unfortunately, most kids’ eyes will glaze over when their parents launch into a lecture about thankfulness. You will likely find better success by emphasizing the value of gratitude all year long. “What do you say?” It’s a question we all ask our young children after someone does something nice for them. This practice instills good manners, but it shouldn’t be confused with teaching gratitude. Imparting the meaning behind the words “thank you” takes something more. If you want grateful children, you need to be grateful parents. Consider how you can incorporate gratitude more into your everyday life. Are you as thankful as you should be? Do you repay favors and write thank-you notes? Do you regularly talk about why you’re so fortunate or what you’re thankful for? Cultivating gratitude in your life sets a good example, and many studies show it benefits your mental health as well.
Next, consider how you can encourage your child to reflect on who they’re grateful for. Acts of kindness and returning the favor to those who have been good to us can inspire kids to put their gratitude into action. Doing some yardwork, sharing a toy, or making a painting as a gift can help children understand how powerful it can be to outwardly show our gratitude for the people who are in our lives. Consistency is the most crucial factor, so try to find ways you can incorporate gratitude into your everyday routine. Children of any age can keep a gratitude journal with their parents’ help. Some families also use a gratitude jar where each family member can write what they’re grateful for on a slip of paper and add something different to the jar each week. It’s the perfect way to keep gratitude front and center. These lessons may not sink in immediately, but by cultivating these positive habits in our everyday lives, you will see a big difference in the long run.
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Judges Can Grant Possession of Animals
IN A PROTECTIVE ORDER
Pets play an essential role in our lives. They keep us company, give unconditional love, and can be great playmates. Much like our kids, we want to do whatever we can to keep our pets protected and safe. But what happens to your pets if your spouse or significant other becomes violent in your home? What can you do to ensure that you and your pets stay safe? In 2014, the Virginia House of Delegates passed House Bill 972 to expand protective orders in a significant and interesting way. The bill granted judges in Virginia the authority to award pet possession as part of protective orders.
been a victim of violence, force, or threat resulting in bodily injury or placed in reasonable apprehension of harm. A court or magistrate
reptiles, and birds. Farm animals and animals used in research are not considered companion animals. A petitioner is viewed as an owner of an animal as long as they have a property right to the animal, house it, or have the animal in their care. Anyone who violates the protective order provision granting possession of a companion animal can be held in civil contempt of court and suffer criminal penalties. Give us a call if you need help as the petitioner or respondent in a protective order case.
can grant these orders at any time on an emergency basis. The order starts as an emergency protective order before being extended into a preliminary protective order and eventually becomes a permanent protective order for up to two years. Under House Bill 972, courts in Virginia can use protective orders to grant petitioners possession of any “companion animal” shared by the parties, as long as the petitioner is considered an owner. Family pets are considered companion animals, including dogs, cats, rabbits, hamsters,
Under current Virginia law, an individual can seek a protective order if they have
APPLE CRANBERRY CRISP
SUDOKU
Inspired by TasteOfHome.com
If you’re feeling old-fashioned, treat yourself to this warm and bubbly dish. Nothing says Thanksgiving quite like a classic apple recipe.
INGREDIENTS
• 3 cups peeled and chopped tart apples • 1 1/2 cups cranberries • 3/4 cup packed brown sugar, divided
• 1 tbsp lemon juice • 1/2 tsp ground cinnamon • 1/2 cup all-purpose flour • 1/3 cup butter, cold • Vanilla ice cream (optional)
DIRECTIONS
1. Preheat oven to 375 F. 2. In a large bowl, combine apples, cranberries, 1/4 cup brown sugar, lemon juice, and cinnamon. 3. Grease an 8-inch baking dish and pour the mixture into it. 4. In a small bowl, mix flour and the remaining brown sugar. Cut in cold butter until the mixture is crumbly. Sprinkle this over the fruit. 5. Bake uncovered for 25–30 minutes or until the topping is golden brown and the filling is bubbly. If desired, serve with vanilla ice cream and enjoy!
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GET TO KNOW OUR ATTORNEY, JEFFREY BLAIRE PAGE 1 HOW DO POLICE RESPOND TO DOMESTIC DISPUTE CALLS? A DAILY DOSE OF GRATITUDE PAGE 2 POSSESSION OF ANIMALS IN A PROTECTIVE ORDER APPLE CRANBERRY CRISP PAGE 3 AMERICA’S 5 BEST SKI RESORTS PAGE 4 INSIDE THIS ISSUE
EXPERIENCE FRESH POWDER AND GREAT VIEWS
TOP 5 SKI RESORTS TO CROSS OFF YOUR BUCKET LIST
Temperatures are dropping and snow is falling in some parts of the country, so it’s time for some winter fun! Whether you ski, snowboard, or just enjoy the snow, here are some of the best ski resorts to check out this ski season! STEAMBOAT SPRINGS, COLORADO A little less glitzy than some of the other popular ski resorts and towns in Colorado, Steamboat Springs is extremely family-friendly with a Western vibe. Because Steamboat is tucked away in the northwest corner of Colorado, the area catches snow from both Utah and Wyoming, which means you can expect some of the best skiing powder. WHITEFISH MOUNTAIN RESORT, MONTANA While Whitefish Mountain Resort was originally a sleepy, quiet, and remote
ski resort, it has gained popularity over the past few years, but it still remains an under-the-radar ski destination with friendly locals and smaller crowds. For beautiful, lush Montana views and no ski lift lines, Whitefish is a must!
MAD RIVER GLEN, VERMONT For an authentic, deep-mountain
experience, Mad River Glen is considered the best skiing mountain in the East. One of the best features of the resort is that it has single-chair chairlifts — and no snowboarders! The runs are long and the sights are gorgeous while providing an amazing ski run, throwback style! ASPEN, COLORADO Aspen just had to make this list! This incredibly popular ski resort has four different mountains, providing a wide range of terrains for all different skill levels.
The ski resort town is fun, developed, and exciting as well.
DEER VALLEY RESORT, UTAH A ski-only resort, Deer Valley is a quaint ski town with legendary customer service and unbelievable Utah powder. It should be noted that the chairlifts are speedy and efficient, and the trails are well-groomed. Lift lines are nonexistent, making for an exclusive and remote experience!
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