The Divorce Process – The Complaint

Brandon Waltrip Divorce & Child Custody

This blog is the first in a series covering the Divorce Process. Specifically, this blog looks at the Divorce Complaint; the various types, and what is included in the Complaint. If you are looking for a divorce attorney in Williamsburg, York County, or New Kent County, and you are considering filing a Complaint for Divorce, please contact my office and …

The Divorce Process – Discovery

Brandon Waltrip Divorce & Child Custody

This blog is the third in a series covering the Divorce Process. Specifically, this blog looks at Discovery; what is Discovery, its purpose in the divorce and a few of the common types of discovery filings used in divorce proceedings. If you are looking for a divorce attorney in Williamsburg, York County, or New Kent County, and you are required …

What is a preliminary hearing?

Brandon Waltrip Criminal Defense

A preliminary hearing is one of many hearings in the process of defending an accusation of criminal conduct. Outside of the actual trial of the case, it can also be one of the most important. For a blog on preliminary hearing strategy click here. Virginia Code § 19.2-218 states “No person who is arrested on a charge of felony shall be …

Child Protective Matters – The Adjudicated Hearing

Brandon Waltrip Divorce & Child Custody

This blog will be discussing the adjudicated hearing and entry of a possible Child Protective Order (“CPO”). The adjudicated hearing is the second hearing in a complaint by Child Protective Services against a parent/guardian for abuse or neglect. At an adjudicated hearing, if the PPO was objected to, a full trial on the facts will take place. A Judge will then decide …

Child Protective Services Matters – The PPO

Brandon Waltrip Divorce & Child Custody

When CPS comes knocking on your door it can be a frightening and difficult circumstance. Imagine that someone you have never met has determined that you as a parent have neglected or abused your child? In many cases, regardless of whether facts have been proven in a court of law, a parent must be prepared to argue for their Constitutional …

Child Custody Determinations

Brandon Waltrip Divorce & Child Custody

In the Commonwealth of Virginia the local Juvenile and Domestic Relations Court handles determinations of child custody and visitation. Based on statute, the court considers the “best interest of the child” when deciding matters of custody and visitation between two parents. This is based upon the best interest factors outlined in Virginia Code Section 20-124.3. Factors considered by the court …

What is an Arraignment and whose this attorney?

Brandon Waltrip Criminal Defense

One of the first steps in a criminal prosecution is the arraignment. This is when the accused is brought before a judge or magistrate to determine whether he or she wishes to hire an attorney, have the court appoint an attorney, or waive the right to an attorney. It is in many respects the most important moment in any criminal …

3 Tips for a Driving on Suspended Charge

Brandon Waltrip Criminal Defense

Have you been charged recently with a driving on suspended license? Here are a few quick tips to help yourself, and help your attorney, get your charged reduced or dismissed altogether. 1.PAY OFF COURT FINES. It is important to pay off any outstanding court cost or fines. If you have court costs or fines in multiple jurisdictions, or owe excessive …

Self-Defense Law; A “Beast of Burden”

Brandon Waltrip Criminal Defense

The Rolling Stones song “Beast of Burden” has nothing at all to do with the self-defense law. But, when I hear about a self-defense case, such as the recent Trayvon Martin incident in Florida, I can’t help but think of the song. “You can put me out, on the street!” rings in my head. “Beast of Burden” is a song …

Virginia DUI Laws: “Driving or Operating”

Brandon Waltrip Criminal Defense

The Virginia laws on Driving Under the Influence are fairly set in stone. The Legislature in Richmond, however, continues to change the laws in respects to punishment. Each year they try to raise the mandatory minimum as to Fines, Incarceration Periods, and Periods for a Loss of License. But, that doesn’t change the case law. Here is an overview of …