Even though the young victim was declared to be incompetent to testify, the trial court did not err by admitting her out-of-court statements as evidence. Statement of the case “A jury convicted Dilliraj Bista of sodomy of a child under ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals

The pendente lite order in this case, which gave wife exclusive control of the former marital home, is neither a final order nor an appealable interlocutory order. As a result, husband’s appeal is dismissed for lack of jurisdiction. Overview Before ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Where wife claimed she was not receiving the correct amount from husband’s retirement, the trial court’s order directing that husband reimburse wife for the shortage is affirmed. Background When the parties divorced, husband was vested in the Civil Service Retirement ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Even though wife did not put her income and expense report into evidence, she established a need for spousal support through her testimony, which the court found credible. Overview Husband was in the military. He was relocated several times during ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

The circuit court’s division of husband’s military pension did not follow applicable federal law and this court’s precedent. Parties’ arguments “Wife argues that the circuit court failed to apply the correct law when issuing its order. We agree and reverse ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

The trial court correctly imputed income to wife when deciding not to award her spousal support. The court properly determined husband’s income and awarded him the annual child tax credit in alternate years. Background After their 2015 marriage in India, ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Where wife obtained a protective order after husband assaulted her, this did not amount to her deserting him for purposes of determining a spousal support award. Protective order “Husband contends that the circuit court erred in granting wife’s motion to ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Where the parties’ separation agreement required husband to remove wife’s name from certain real estate and list the property for sale, the trial court properly found him in contempt when he failed to do so. Overview “Wife alleged that husband ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Appellant has not preserved his argument that a COVID-19 emergency judicial order excused his late appeal of a misdemeanor drunken driving conviction. Overview Appellant was convicted in the general district court of misdemeanor DUI. He appealed to the circuit court, ...

Tagged with: Criminal Judge Glen A. Huff Judge Rosemarie Annunziata Virginia Court of Appeals

Where the protective order entered against appellant prohibited him with having any contact with the victim, her testimony that she screamed when he bit her knee was sufficient evidence of bodily injury, even if photographic evidence did not show any ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals