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PARENTAL KIDNAPPING IN VA

ANTHONY L. MONTAGNA, III

Tony-Montagna

With Anthony L. Montagna, III, you can be confident that you have an experienced, professional family, traffic and criminal attorney on your side. Anthony will fight to protect you and your family. He knows that every case is important to you, and he will battle for you in court.

Anthony was born on August 19, 1968 at Camp LeJeune, North Carolina.  After several months, Anthony and his family moved to Norfolk, Virginia, his father’s home town.

Anthony graduated from Norfolk Academy in 1986.  After graduation, Anthony attended and graduated from the University of Richmond with a Bachelor of Arts degree in Economics.  At the University of Richmond, Anthony was awarded Intermediate Honors and was a proud member of the the Dean’s List. After graduating from the University of Richmond, Anthony attended and graduated from The University of Akron School of Law in 1993. Upon graduating from law school, Anthony joined his father as a partner at Montagna & Montagna, P.C.

As a partner at Montagna & Montagna, P.C., Anthony assisted individuals in many fields of law.  Over the years, Anthony has handled bankruptcy, debt collection, worker’s compensation, personal injury, family law, DUI and traffic, security clearance, criminal, and corporation cases.

As the son of an attorney who served his country proudly on active duty and in the reserves in the United States Navy Jag Corps, Anthony has the necessary experience and knowledge to ensure you get the results that you want. He has practiced law for over 21 years and is well known for his knowledge of the law and familiarity with the judges in Norfolk, Virginia Beach, Newport News, and all of Hampton Roads.

In his free time, Anthony enjoys travelling, reading, watching and playing sports, and spending time with his family.  He particularly enjoys spending time with his daughter, Phoebe, who is 13 and attends Norfolk Academy.

 

                            “With more than 24 years of experience, I know each case is different, and I provide personalized attention for each client,” says Anthony. “I am committed

                              to providing my clients with zealous and skillful representation. I know that my client’s case is a serious concern, and I treat every client like I would want

                             my family treated. I am here to guide you through the complexities of your case and to provide you simple, straightforward answers to your questions.”

In addition to representing individuals who were seriously injured as the result of the negligence of others, Anthony has successfully defended individuals charged with serious criminal and traffic offenses. He has represented men and women dealing with contested and uncontested divorce, custody, and support issues. Anthony is driven to succeed and prides himself on his extensive preparatory research – vital to a favorable verdict.

Anthony strives to answer all questions, to provide regular updates and return all phone calls. If you want an attorney who will think outside of the box, make your case a priority and work hard for you, Anthony is the attorney for you.

AREAS OF PRACTICE:

Traffic Offenses and DUI
Criminal Defense
Custody
Child and Spousal Support
Uncontested Divorce  and Contested Divorce

BAR ADMISSIONS:

U.S. District Court
Eastern District of Virginia
U.S. Court of Appeals 4th Circuit
Virginia Supreme Court
U.S. Supreme Court

EDUCATION:

1993 University of Akron School of Law, Akron, OH, J.D.
1990 University of Richmond, Richmond, VA,  B.A.,  Major: Economics, Intermediate Honors, Dean’s List

PROFESSIONAL ASSOCIATIONS:

American Bar Association

Virginia Bar Association

Virginia Trial Lawyers Association

Norfolk and Portsmouth Bar Association

Virginia Beach Bar Association

Virginia State Bar

Episcopal Youth Council (EYC), Former Adult Leader

Rotary Club of Hampton Roads

PARENTAL KIDNAPPING IN VA

        1.       Section 18.2-49.1 of the Code of Virginia, 1950, as amended states the following:

                  A. Any person who knowingly, wrongfully and intentionally withholds a child from either of a child’s parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth, is guilty of a Class 6 felony.

                 B. Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child is guilty of a Class 3 misdemeanor upon conviction of a first offense. Any person who commits a second violation of this section within 12 months of a first conviction is guilty of a Class 2 misdemeanor, and any person who commits a third violation occurring within 24 months of the first conviction is guilty of a Class 1 misdemeanor.

        2.        Section 18.2-47 of the Code of Virginia, 1950, as amended states the following:

                A. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of “abduction.”

               B. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to subject him to forced labor or services shall be deemed guilty of “abduction.” For purposes of this subsection, the term “intimidation” shall include destroying, concealing, confiscating, withholding, or threatening to withhold a passport, immigration document, or other governmental identification or threatening to report another as being illegally present in the United States.

             C. The provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms “abduction” and “kidnapping” shall be synonymous in this Code. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony.

            D. If an offense under subsection A is committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending, the offense shall be a Class 1 misdemeanor in addition to being punishable as contempt of court. However, such offense, if committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending and the person abducted is removed from the Commonwealth by the abducting parent, shall be a Class 6 felony in addition to being punishable as contempt of court.




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