Everything You Need to Know About Writs of Mandamus in Virginia
Writs of mandamus, although uncommon, are a legal tool of last resort available in all jurisdictions ranging from state courts to federal agencies and so on, but sometimes difficult to understand for someone facing a breach of some entity’s duties. Here’s everything you need to know about writs of mandamus in Virginia.
Writs of mandamus serve as judicial enforcement measures to protect the rights of people being denied access to legal rights that an entity is required to provide. This can sound a bit abstract, but the information below goes into more detail. The best practice is always to consult a lawyer before getting into the weeds of a process like filing writs of mandamus though.
Writ of Mandamus Basics
A writ of mandamus is a type of court order that can force a government entity, lower court, or corporation to fulfill a “statutory duty,” that is, a duty written into law and applied to that entity. To be allowed to file a writ of mandamus, a few conditions must be met. Firstly, the victim of the relevant action (or inaction) must verify that a legal right is being denied and that it is a right that can be enforced judicially, e.g. by the court system. Only then is a person said to be “aggrieved.”
Related: 7 Tips to Get Over a Cheating Husband and Divorce
After this, the filer has to prove that the legal right cannot be fulfilled via other means. Important to note is the fact that the duty must be of a “public nature” and must also be absolutely mandated, not an optional or recommended duty.
This example helps illustrate one kind of instance in which an aggrieved person has the right to file a writ of mandamus and should:
A recently divorced mother was granted a child support order from the presiding judge of her case, but, when the time for the payments arrives, the former spouse fails to deliver the money owed. The mother then goes to the court asking for enforcement of the order but is denied despite the binding order previously granted in her favor. Here, the failure of the court to fulfill its duty could allow the mother and her legal team to file a writ of mandamus which would compel the offending judge to carry out what is required of them.
Related: Transgender Employee Rights: Explained
Not mentioned in the example is that the mother and her team would need to demonstrate that no other avenue was available to get the child support order enforced which is not a point to be overlooked.
Contact Us
If you or a loved one would like to learn more about Writ of Mandamus Virginia, get your free consultation with one of our most qualified attorneys in Virginia today!