COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Felt on, Judges Benton and Petty Argued at Richmond, Virginia

CHRISTINE HENLEY MEMORANDUM OPINION * BY v. Record No. 0538-06-2 CHIEF JUDGE WALTER S. FELTON, JR. APRIL 17, 2007 GERMAINE MCGIRT

FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Theodore J. Markow, Judge Monica McCarroll (Melissa Lykins; Williams Mullen, on briefs), for appellant. Robert R. Hagy, II (Law Office s of Rob Hagy, P.C., on brief), for appellee.
Appellant Christine Henley app eals the circuit court’s (trial co urt) dismissal of her petition for a protective order entered by the Juvenile and Domestic Relations District Court of the City of Richmond (J&DR court). She contends the trial court erred in conducting a hearing on Germaine McGirt’s (McGirt) appeal from a permanent protective order en tered against him by the J&DR court because she “did not have proper notice” of the docketing of the appeal or the subsequent hearing and, therefore, had no opportun ity to be heard in the trial court. The record presented to us on appeal is sparse. No transc ript or statement of facts has been timely filed as part of the appeal. See Rule 5A:8. Appellant contends the questions sh e presents on appeal -- lack of notice to her an d her counsel of record of the app eal from the J&DR court, and lack of notice to her and her counsel of record of the hearing in the trial court -- can be decided based on the record available to this Court.

* Pursuant to Code § 17.1-413, this opin ion is not designated for publication.- 2 - The record provided to us on appeal contains the order entered by the trial court on February 1, 2006, dismissing appella nt’s petition for a protectiv e order. The order specifically states that appellant received “proper and legal notice” of the proceeding. On February 21, 2006, one day prior to the trial court’s or der becoming final under Rule 1:1, counsel for appellant filed a motion for reconsidera tion with the clerk of th e trial court, requesting “that the Court reconsider this ma tter and deny McGirt’s appeal, or order a rehearing so that both parties have the opportunity to be heard on this im portant matter.” Nothing in the record presented to us reflects that appellant requ ested the trial cour t to vacate or set aside its February 1, 2006 order pending a hearing on appellant’s mo tion for reconsideration or that the trial court ever considered appellant’s motion. On February 22, 2006, the order of the trial court di smissing appellant’s petition for a perman ent protective order became final. It is well settled that “[ a] court speaks through its written orders.” Robinson v. Commonwealth , 28 Va. App. 148, 155, 50 2 S.E.2d 704, 708 (1998) (citing Cunnin gham v. Smith , 205 Va. 205, 20 8, 135 S.E.2d 770, 77 3 (1964)). Because “[a] recita l of proceedings in a judicial order is an ‘absolute verity and it is not subj ect to collateral attac k,’” Kern v. Commonwealth , 2 Va. App. 84, 88, 341 S.E. 2d 397, 400 (1986) (quot ing Kibert v. Commonwealth , 216 Va. 660, 662, 222 S.E.2d 790, 791 (1 976)), we presume “that the order, as the final pronouncement on the subject . . . accurately reflects what transpired.” Stam per v. Commonwealth , 220 Va. 260, 280-81, 257 S.E.2d 808, 822 (1979). The trial court’s order clearly states that appellant received “prope r and legal notice” of McGirt’s appeal and subsequent h earing. The record be fore us does not indi cate the trial court was presented with evidence impeaching the veracity of its order or was given the opportunity to consider appellant’s specif ic objections prior to the order beco ming final. We will not consider- 3 - arguments on appeal that were not presented to the tr ial court. See Rule 5A:18; Ohree v. Commonwealth , 26 Va. App. 299, 308, 49 4 S.E.2d 484, 488 (1998). From the record before us, we conclude that the trial co urt never heard the parties below on the questions presented to us, and appellant failed to rebut the pr esumptive verity of the trial court’s order. The judgment of the tr ial court is therefore affirmed. Affirmed.