- Divorce
- Child SupportOne of the most common, if not the most common, causes of action for contempt in family law is a Rule to Show Cause related to child support. Va. Code § 16.1-278.16 specifically addresses contempt proceedings in the Juvenile and Domestic Relations District Courts regarding child support orders entered in accordance with subdivision A 3 of § 16.1-241, child support orders entered in the Circuit Court, but transferred to the Juvenile Court in accordance with § 20-79, and administrative support orders entered by the Department of Social Services pursuant to Chapter 19 of title 63.2. Temporary child support orders entered in the Circuit Court are enforceable pursuant to Va. Code § 20-71 and final child support orders entered in the circuit are enforceable pursuant to § 20-115.
- Child Custody and VisitationThe Preliminary Protective Order like the EPO, is a legal order that stops the abuser or the threatening behavior, it also prohibits contact by the abuser directly or indirectly and can also order the abuser to be removed from the home and/or residence that is shared with the victim. In addition to what can be done with an EPO, a PPO, also may grant exclusive use and possession, but not ownership to a home and/or residence that is jointly owned and also grant temporary custody and visitation of the children that the victim and abuser have in common, and provides for the catch phrase, "other relief as necessary". The PPO must be obtained in a reasonable time; normally a short time after the abuse or threat has occurred. You do not have to receive an EPO to receive a PPO. The abuser does not have to be available in Court or notified of an exparte petition and request for a PPO and it can be done through intake at the Juvenile and Domestic Relations District Court in the County where the threat and/or abuse occurred. It can only last up to 15 days. As most of you know, a Preliminary Protective Order unusually lists a date and time for the Order to be terminated or continued, and then grants notice of the scheduled hearing date and time.
- Spousal SupportContempt proceedings associated with spousal support orders are addressed in Va. Code §16.1-278.16 for orders entered in the Juvenile Court in accordance with § 16.1-241 or for orders entered in the Circuit Court and subsequently transferred to the Juvenile Court pursuant to § 20-79.
- Criminal DefenseCarl J. Witmeyer, II, is admitted to practice in the Commonwealth of Virginia and has been successfully litigating cases for over 40 years. His practice is devoted entirely to trial litigation, focusing on the areas of domestic relations law, personal injury, civil litigation, and criminal defense.
- DUI/DWIWes is a member of both the Virginia State Bar and an officer of the Hanover County Bar Association. He is also a member of the Virginia Trial Lawyers Association and the National Association for Criminal Defense Lawyers. He dedicates his practice entirely to trial litigation, concentrating in the areas of family law, traffic, criminal defense, civil litigation and personal injury. He has successfully defended DUI and traffic cases in Central Virginia Courts and has routinely represented families in several Juvenile and Domestic Relations Courts. When not working, he enjoys playing ice hockey in Richmond and watching the Philadelphia Eagles and the Washington Capitals.
- Traffic Violations
- RobberyThe case of Middlebrooks v. Commonwealth, record no. 1516-01–1, in the Circuit Court for Newport News, involved a Defendant who appealed his conviction for abduction, maiming, robbery and use of a firearm in the commission of a felony. In that case there was a summary contempt proceeding for misbehavior in the presence of the Court and the Court in fact instructed the Defendant that he was disrupting the Court and the administration of justice. The Court specifically indicated to the Defendant what conduct the Court felt disrupted the Court's process. However, the Court found that because the record did not support the Commonwealth's contention that the Appellant defendant intended the trial Judge to hear his negative statement toward the prosecutor, the Apellant Court found that the evidence did not establish a violation of contempt of Court. They also found that the Judge misapplied the proper Code Section and should have sentenced the Defendant pursuant to Virginia Code Section 18.2–457, but because the punishment was in excess of the limits of that section, the part of the sentence that was excessive was deemed to be invalid. Therefore, the Court affirmed a 10 day jail sentence and $250.00 fine which were the Statutory limit involved in that case.
- MisdemeanorsVirginia Code Section 16.1–253.2 speaks specifically of violations of any provisions of a Protective Order. In addition to any other penalty provided by law under the genera! contempt Statute previously cited for other criminal sanctions, any person who violates any provision of a Protective Order issued under Virginia Code Section 16.1–253,253.1, 253.4, 278.14 and 279.1 or subsection B of Virginia Code Section 20-103, shall be punishable as contempt of Court and is guilty ofa Class 1 misdemeanor. Punishment for any persons committing a second offense, within 5 years of a prior conviction, when either the instant offense or prior offense was based on an act or threat of violence, shall include a mandatory minimum term of confinement of 60 days. If a person is convicted of a third offense of violating a Protective Order.. when the first offenSe is comnutted within 20 years of the first conviction is guilty of a Class 6 felony. Said punishment shall include a mandatory miilimum of 6 months jail time.
- Probation Violation
- Hit and Run
- Business Disputes
- Non-compete Agreement
- Property DamageMost importantly, it is important not to violate the Protective Order from the other side. Deliberate contact with the abuser should be avoided and eliminated. Procedurally, it is important that the details are specified, when describing the stalking and/or abuse, to include the dates and times and other details with accurate note taking. It is also important to describe exactly what the abuser has done, to demonstrate or describe any injuries received or property damage caused by the abusive act, and have witnesses available to collaborate what you have reported.
- Personal InjuryThe case of Robertson v. Commonwealth, 181 Va. 520 a 1943 case is also an interesting case. That case dealt with the failing of an attorney to obey a Court Order. In that case, the Circuit Court entered a Judgment holding the attorney guilty of refusing to obey an Order of the Court while testifying in a case that was pending. The Defendant attorney was counsel for a Corporate Defendant in a personal injury case and the Plaintiff had compelled his testimony and refused to answer certain questions despite a Court Order to do so. The Appellant contended that the Court's power to punish him summarily for contempt of Court was limited and if it had the power to punish him, it would be under the fifth subdivision of the Statute, which authorized punishment for disobedience or resistance to any lawful process, judgment, decree or order and that the oral direction or command of the Court was not such an Order. The Court indicated that the Judge's holding of contempt for refusing to obey the verbal Order of the Court was a proper action.
- Medical Malpractice
- Wills
- Debt Collection