Where plaintiff husband petitioned for a rule to show cause, alleging that defendant wife violated the parties’ divorce settlement agreement, his later petition to end spousal support does not relate back to the show cause petition. Background The parties’ settlement ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David Bernhard

Although the court has the discretion to dismiss defendant’s case even though he has not completed the required 100 hours of community service, the court will instead extend the time for completing community service by six months. Background Defendant was ...

Tagged with: Criminal Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

Where the express terms of an easement grants only ingress and egress to a lake, the easement does not convey riparian rights to plaintiff, and he has no right to dock a boat at a seawall on defendants’ lot. Overview ...

Tagged with: Fairfax Circuit Court Judge David Bernhard Real Estate Virginia Circuit Courts

Where petitioner refused to waive extradition to New Jersey, the court must determine whether he has the requisite capacity to assist his counsel in the extradition process. Court’s synopsis “The Court has considered the Petition for a Writ of Habeas ...

Tagged with: Criminal Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

A subsidized housing landlord’s unlawful detainer action to evict a tenant is dismissed because the notices required by the U.S. Department of Housing and Urban Development were deficient. Further, the indigent tenant was not required to post an appeal bond ...

Tagged with: Civil Practice Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

At least six candidates have indicated they would like to be considered for a vacancy on the Court of Appeals of Virginia. Virginia bar groups have been asked by a state Senate leader to evaluate candidates, and an evaluation process ...

Tagged with: Judge Daniel E. Ortiz Judge David Bernhard Judge Jan Roltsch-Anoll Judge Steven C. McCallum Virginia Court of Appeals

Where the general district court waived jail time on the commonwealth’s behalf for a defendant charged with possessing marijuana, the commonwealth cannot seek jail time in a de novo circuit court trial of the charge. Further the charge must be ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Where petitioner has named the director of the Virginia Department of Corrections and the chief probation officer in her habeas corpus petition to set aside a drunk driving conviction on the basis of ineffective assistance of counsel, the petition is ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

A university had a reasonable basis for refusing a student’s request to reclassify her tuition status to that of an in-state resident. She has not overcome the presumption that the acts she claims qualify her for the in-state tuition rate ...

Tagged with: Administrative Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

A Fairfax lawyer who fell short on discovery and admitted he was unprepared for trial in a divorce case has been sanctioned $11,000 by a Fairfax County judge. The penalty was imposed on the lawyer, but not the client, based ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Lawyer Sanctions