Legal Question in Family Law in Virginia

Attorney fees

I had a PO against my ex wife for an assault. During the preliminary hearing the PO was dismissed against her for lack of proof of continued threat and endangerment. Also, the judge ordered that I pay half of her attorney fees, which was a total of $2600, I owe $1300. Can I appeal the ruling that I pay her attorney fees? If so, is there a standard that has to be met to award attorney fees? Any chance I have an argument to not pay?

Also, the ex has filed a motion for modification of visitation and support after 7 years of everything going smoothly. The JDR judge does not like me for some reason. Can I file a motion to have this heard in the Circuit Court?


Asked on 5/25/06, 1:10 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Attorney fees

You'd be wasting your time attempting to appeal the award of attorney fees under the circumstances which you've described. Any higher

court ruling on the matter would likely find the award of 50% attorneys fees reasonable under the circumstances and well within the discretion of the trial court.

You cannot motion(successfully) to have the J&DRDC divested of its primary jurisdiction over the lone custody matter since these matters are determined by statute in the Code of Virginia.

If you believe that the J&DRDC judge who's assigned to the custody case may be biased against you, it's all the more important for you to step back and allow an attorney to do most of the acting and talking in your behalf in this matter.

Do not attempt to proceed with this matter without a lawyer representing you which it appears you may have been doing in the past.

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Answered on 5/27/06, 1:29 pm


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