Virginia Family Law Appeals

Pro-se lawyer comes to court in shorts, judge makes him go change, keeps on with his trial while he's gone

Barrett v. Minor (Va. Ct. App. unpublished 10/23/18) is a routine affirmation of a fee award in an earlier appeal in extraordinarily typically miserable family law litigation, against a lawyer who was disbarred for things he did in that litigation. The Court says he was extremely litigious and turned even small, routine steps in the process into huge controversies with voluminous briefs. Probably the only remarkable thing about this is that he came to the hearing about attorney's fees in the earlier appeal in shorts and a polo shirt. The judge sent him home to change clothes, and while he was gone, ruled against him on all pretrial motions and heard the other side's opening statement. This too is heartily affirmed.

'The trial court found on the record that father “is or was a lawyer . . . is highly trained . . . and very intelligent and this [appearing at court inappropriately dressed] is just another ploy ...'"

Evidence sufficient -- defendant violated protective order.

Peters v. Commonwealth, 2016 Va. App. LEXIS 315 (November 15, 2016)

The trial court convicted Peters of two counts of violating a protective order, Code § 18.2-60.4. It also found that he violated the terms of his suspended sentences on nineteen misdemeanor convictions. On appeal, he claimed the evidence was insufficient.  Court affirmed trial court's finding that Peters had violated the protective order as evidence supported the victim's claim and Peters had followed her on two occasion and she was scared each time.