Even though adultery was not raised by a husband in his initial divorce pleadings, the husband could use allegations of adultery to argue for lower alimony payments, the Court of Appeals of Virginia says. The court’s threejudge panel held it ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals News

Where the commonwealth presented evidence that appellant’s prescription medication, his valid debit card and his expired school identification card were found the same bedroom with handgun and rifle ammunition but never established that he was present when the bullets were ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

The trial court properly granted retroactive child support in this divorce matter. Code § 20-108.1(B) provides that support “shall be determined retroactively,” and, contrary to husband’s assertion,  the statute “contains no requirement of a pendente lite order or hearing to ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

A court may consider adultery evidence when determining spousal support even though adultery is not expressly pleaded as a counterclaim or an affirmative defense in a divorce case. The trial court erred by refusing to allow husband to present evidence ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

Where the Virginia Board of Pharmacy denied appellant a permit to operate a facility for producing and dispensing cannabidiol and THC-A oils, the trial court properly granted a motion to dismiss filed by appellee, the company that was awarded a ...

Tagged with: Administrative Judge Mary Grace O'Brien Virginia Court of Appeals

Where husband drafted an amended domestic relations order for the court’s approval but incorrectly named the administrator of his pension plan, the court’s jurisdiction to amend the order extended past the 21-day finality period in Rule 1:1. Amending the final ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

Where appellant claimed he injured his shoulder when he used only “minimal force” to tug on plastic wrap surrounding two boxes to move them forward on a pallet, an administrative determination that the injury did not arise from his employment ...

Tagged with: Judge Mary Grace O'Brien Virginia Court of Appeals Workers' Compensation

Where the police made a valid vehicle stop, appellant-passenger lacked standing to challenge the vehicle search. The court properly denied his motion to suppress evidence found in the vehicle. Further, because appellant was lawfully detained during the stop, the court ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

Appellee father was correctly awarded primary physical custody of the parties’ child based on, among other things, his ability to provide the child with a “stable living situation.” Further, the parties’ premarital agreement precludes an attorney’s fee award to appellant ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

The circuit court did not abuse its discretion by awarding the parties joint legal custody of their minor child even though even though a protective order forbids contact between the parties. Further, the joint legal custody order was in the ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals