Code of Virginia
Title 16.1 - Courts Not of Record

§ 16.1-69.4. References to former sections, articles or chapters of Title 16 or Title 16.1 as amended - Whenever in this title any of the conditions, requirements, provisions...

§ 16.1-69.5. Meaning of certain terms - Unless the context should otherwise require, the terms set out...

§ 16.1-69.6. Establishment of districts - On and after July 1, 1973, the Commonwealth shall be...

§ 16.1-69.6:1. Number of judges - For the several judicial districts there shall be full-time general...

§ 16.1-69.7. District courts - On and after July 1, 1973, in every county and...

§ 16.1-69.7:1. Establishment of certain district courts - A. On and after July 1, 1973, there shall be...

§ 16.1-69.8. Existing courts continued and redesignated; exception - The present system of courts not of record is continued...

§ 16.1-69.9. Judges in office continued; terms of judges; how elected or appointed - Every judge or justice and every associate, assistant and substitute...

§ 16.1-69.9:1. Appointment, terms, etc., of substitute judges - A. Substitute judges shall be appointed by the chief judge...

§ 16.1-69.9:2. Vacancies in office of judges; terms of successor judges; appointment while General Assembly not in session - Whenever a vacancy occurs in the office of a full-time...

§ 16.1-69.9:3. Investigation and certification of necessity before vacancies filled - When a vacancy occurs in the office of any judge...

§ 16.1-69.9:4. Same; election of successor judges - Whenever a vacancy occurs or exists in the office of...

§ 16.1-69.10. Number of judges - The number of general district court judges and juvenile and...

§ 16.1-69.11. Chief judges; judges; substitute judges - Judges of the district courts shall be designated as follows:...

§ 16.1-69.11:1. Acting chief judge - If the chief judge of a district court is unable...

§ 16.1-69.12. Limitations on practice of law by judges - (a) A general district court judge or juvenile and domestic...

§ 16.1-69.13. Repealed - Repealed by Acts 2018, c. 164, cl. 2.

§ 16.1-69.14. Number of substitute judges - The number of substitute judges shall be determined as follows:...

§ 16.1-69.15. Qualifications of judges - On and after July 1, 1973, every full-time judge and...

§ 16.1-69.16. Residence requirements - A. Every judge or substitute judge of a district court...

§ 16.1-69.17. Oath of office of judges, clerks and others - Every judge, substitute judge, clerk, deputy clerk, and juvenile and...

§ 16.1-69.17:1. Time within which a judge may qualify; failure to do so vacates office - Any district court judge of this Commonwealth may qualify at...

§ 16.1-69.18. Bonds of judges, clerks, and others handling funds - Before entering upon the performance of his duties every judge,...

§ 16.1-69.19. Incompatible offices - No person shall at the same time hold the office...

§ 16.1-69.20. Repealed - Repealed by Acts 1973, c. 546.

§ 16.1-69.21. When substitute to serve; his powers and duties - In the event of the inability of the judge to...

§ 16.1-69.22. Removal of judges and substitute judges - Any judge or substitute judge of a district court may...

§ 16.1-69.22:1. Temporary recall of retired district court judges; evaluation - A. The Chief Justice of the Supreme Court may call...

§ 16.1-69.23. In what cases judge disqualified - If the judge or substitute judge of any district court:...

§ 16.1-69.24. Contempt of court - A. A judge of a district court shall have the...

§ 16.1-69.25. Judge may issue warrants, summons, and subpoenas - Except as otherwise provided by general law, a judge of...

§ 16.1-69.25:1. Judge shall order bill of particulars; time for motion - Upon request of either party, a judge of a district...

§ 16.1-69.26. Judges as conservators of the peace - The judge of each district court having criminal jurisdiction shall...

§ 16.1-69.27. Additional powers of judges - A judge of a district court may take affidavits and...

§ 16.1-69.28. Commitment of insane, etc., persons - A judge of a district court shall have and may...

§ 16.1-69.29. Jurisdiction over certain waters - Where any river, watercourse or bay lies between any counties...

§ 16.1-69.30. District system within unified court system - The district court system shall be within the unified court...

§ 16.1-69.31. The duties of the Judicial Council - The duties of the Judicial Council with respect to the...

§ 16.1-69.32. Rules - The Supreme Court may formulate rules of practice and procedure...

§ 16.1-69.32:1. Substitution of counsel - Except in case of court-appointed counsel, no rule of court...

§ 16.1-69.33. Committee on District Courts - There is hereby established a Committee on District Courts to...

§ 16.1-69.34. Reserved - Reserved.

§ 16.1-69.35. Administrative duties of chief district judge - The chief judge of each district shall have the following...

§ 16.1-69.35:01. Location of district courts for Albemarle County - The Albemarle General District Court and the Albemarle Juvenile and...

§ 16.1-69.35:1. Location of district courts for Carroll County - The General District Court and the Juvenile and Domestic Relations...

§ 16.1-69.35:2. Recording of proceedings in district courts - An audio recording of proceedings in a general district court...

§ 16.1-69.36. Where process returnable and trials held in certain cases - All process, civil and criminal, returnable before a district court...

§ 16.1-69.37. Personnel continued in office - The clerks, deputy clerks, referees, bailiffs and other officers and...

§ 16.1-69.38. Authorization for substitute judges and personnel - The Committee on District Courts established in § 16.1-69.33 shall,...

§ 16.1-69.39. Appointment of personnel - All personnel shall be appointed by, serve at the pleasure...

§ 16.1-69.39:1. Legal service to district court employees and magistrates - All legal services for personnel of the district courts or...

§ 16.1-69.40. Powers and duties of clerks; civil liability - The clerk and deputy clerks shall be conservators of the...

§ 16.1-69.40:1. Traffic infractions within authority of traffic violations clerk; schedule of fines; prepayment of local ordinances - A. The Supreme Court shall by rule, which may from...

§ 16.1-69.40:2. Nontraffic offenses for which prepayment authorized; schedules, fines; prepayment of local ordinances - A. The Supreme Court shall by rule, which may from...

§ 16.1-69.40:3. Financial responsibilities of judges and clerks - The judge of each district court shall have management responsibility...

§ 16.1-69.41. Repealed - Repealed by Acts 1974, c. 3.

§ 16.1-69.42. Clerk when authorized by judge may execute appeal bonds; may make out and attest transcripts - The clerk of a district court may, when authorized so...

§ 16.1-69.43. Judge before whom accused was arraigned may hear case on merits; judge who has heard part of case may hear case to conclusion - No rule shall hereafter be promulgated under the limitations of...

§ 16.1-69.44. Salaries of judges - Each district court judge shall be paid by the Commonwealth...

§ 16.1-69.45. Salaries of clerks and personnel - The Committee on District Courts shall fix the salaries for...

§ 16.1-69.46. How salaries payable - All salaries determined according to the provisions of §§ 16.1-69.44...

§ 16.1-69.47. Repealed - Repealed by Acts 1980, c. 194.

§ 16.1-69.47:1. Travel expenses of judges and clerks; how paid - Any judge or clerk traveling more than five miles from...

§ 16.1-69.48. Fees and fines - A. All fees collected by the judge, substitute judge, clerk...

§ 16.1-69.48:1. Fixed fee for misdemeanors, traffic infractions and other violations in district court; additional fees to be added - A. Assessment of the fees provided for in this section...

§ 16.1-69.48:1.01. Additional fee assessed for conviction of certain offenses - Beginning May 1, 2003, the clerk shall assess a person,...

§ 16.1-69.48:1.02. Additional fee assessed for conviction requiring computer analysis - In addition to the fees provided for by § 16.1-69.48:1,...

§ 16.1-69.48:2. Fees for services of district court judges and clerks and magistrates in civil cases - Fees in civil cases for services performed by the judges...

§ 16.1-69.48:3. Fees charged to drug offenders - Whenever in a general district court the costs provided for...

§ 16.1-69.48:4. Costs generally - The provisions of Chapter 6 (§ 17.1-600 et seq.) of...

§ 16.1-69.48:5. Fees for services of juvenile and domestic relations district court judges and clerks in certain civil cases - Except as otherwise provided, upon the initial commencement of any...

§ 16.1-69.48:6. Fees for offenses related to sex trafficking - The court shall order any person convicted of a misdemeanor...

§ 16.1-69.49. Repealed - Repealed by Acts 1978, c. 611.

§ 16.1-69.50. Quarters for court and clerk - Each county and city having a general district court or...

§ 16.1-69.51. Books, supplies, etc.; how furnished; Committee to determine form of records - The Commonwealth shall provide dockets and other books, stationery and...

§ 16.1-69.51:1. Display of flags in courtrooms - There shall be displayed inside each courtroom of all district...

§ 16.1-69.52. Repealed - Repealed by Acts 1983, c. 499.

§ 16.1-69.53. Definitions; construction of references to period of years - As used in this article, the following terms shall have...

§ 16.1-69.54. General provisions - A. Each district court shall retain and store its court...

§ 16.1-69.54:1. Request for district court records - A. For the purposes of this section, "confidential court records,"...

§ 16.1-69.55. Retention of case records; limitations on enforcement of judgments; extensions - A. Criminal and traffic infraction proceedings: 1. In misdemeanor and...

§ 16.1-69.56. Retention of financial and administrative records - Appropriate retention periods for the financial and administrative records of...

§ 16.1-69.57. Destruction of court records - The clerk of each district court shall destroy the court...

§ 16.1-69.58. Processing, retention and reproduction of court records; retention and destruction of records in which final disposition was entered before January 1, 1985 - The Committee on District Courts, after consultation with the Executive...

Chapter 5 - Courts of Limited Jurisdiction

§ 16.1-70. Repealed - Repealed by Acts 2018, c. 164, cl. 2.

§ 16.1-75.1. Repealed - Repealed by Acts 1973, c. 545.

Chapter 6 - Venue, Jurisdiction and Procedure in Civil Matters

§ 16.1-76. Venue - In all civil actions over which the general district courts...

§ 16.1-77. Civil jurisdiction of general district courts; amending amount of claim - Except as provided in Article 5 (§ 16.1-122.1 et seq.),...

§ 16.1-77.1. When general district court may give judgment on forthcoming bond - A general district court may, on motion, after 10 days'...

§ 16.1-77.2. Jurisdiction of partition of personal property and proceedings therefor - Every general district court shall have jurisdiction of proceedings for...

§ 16.1-78. Judgment by confession not affected - None of the provisions of § 16.1-77 shall affect the...

§ 16.1-79. Actions brought on warrant - A civil action in a general district court may be...

§ 16.1-79.1. Electronic filing of civil cases - The general district courts shall accept case data in an...

§ 16.1-80. Service of warrant and return thereof - The officer issuing a warrant shall deliver to the officer...

§ 16.1-81. Actions brought by motion for judgment - A civil action in a general district court may be...

§ 16.1-81.1. Certain corporations; pro se representation - When the amount in controversy in any action at law...

§ 16.1-82. Service of motion; return thereon and delivery to the court; how disposed of - The plaintiff shall file with the clerk of the court...

§ 16.1-83. Consent of parties required for trial within five days of service - No trial of a warrant or motion for judgment under...

§ 16.1-83.1. Certification of expert witness opinion at time of service of process - Every warrant in debt, counter claim, or third party claim...

§ 16.1-84. When action or proceeding not lost; when matured for hearing - In the event the return day of any civil action...

§ 16.1-85. What term "warrant" to include - Whenever the word "warrant" is used in any section of...

§ 16.1-86. When action deemed brought - A civil action on a warrant in a district court...

§ 16.1-86.1. Repealed - Repealed by Acts 1990, c. 109.

§ 16.1-87. Repealed - Repealed by Acts 1983, c. 499.

§ 16.1-88. Procedure when plaintiff sues on sworn claim - If a civil action in a general district court is...

§ 16.1-88.01. Counterclaims - In any proceeding before any general district court a defendant...

§ 16.1-88.02. Cross-claims - Subject to the jurisdictional limitations prescribed by law, in any...

§ 16.1-88.03. Pleadings and other papers by certain parties not represented by attorneys - A. Any corporation, partnership, limited liability company, limited partnership, professional...

§ 16.1-88.1. Repealed - Repealed by Acts 1980, c. 183.

§ 16.1-88.2. Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records - In a civil suit tried in a general district court...

§ 16.1-89. Subpoena duces tecum; attorney-issued subpoena duces tecum - A judge or clerk of a district court may issue...

§ 16.1-90. Recognizance upon continuation of case - Judges of courts not of record may, upon the continuance...

§ 16.1-91. Repealed - Repealed by Acts 1984, c. 25.

§ 16.1-91.1. Costs to be included in judgment on forthcoming bond - The judge of a general district court, on giving judgment...

§ 16.1-91.2. Judge to keep record of judgment on forthcoming bond; how to endorse execution - The judge of the general district court, rendering a judgment...

§ 16.1-92. Repealed - Repealed by Acts 2007, c. 869, cl. 2.

§ 16.1-93. Principles applicable to trial of cases - Every action or other proceeding in a court not of...

§ 16.1-93.1. Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing - Notwithstanding any other provision of law, in any proceeding under...

§ 16.1-94. Judgment to be noted on papers; formal orders may be entered - Whenever a judgment is rendered in a court not of...

§ 16.1-94.01. When and how satisfaction entered on judgment - A. When satisfaction of any judgment rendered in a court...

§ 16.1-94.1. Limitations on enforcement of district court judgments - For judgments entered in a general district court on or...

§ 16.1-95. Abstract of judgment - At any time while the papers in any case in...

§ 16.1-96. What abstract to contain - An abstract of a judgment rendered in a court not...

§ 16.1-97. Repealed - Repealed by Acts 1987, c. 98.

§ 16.1-97.1. When a new trial is granted - A. No new trial may be granted from any judgment...

§ 16.1-98. Fieri facias or writ of possession on judgment - Upon a judgment being rendered in a general district court...

§ 16.1-99. When and where executions returnable; to whom directed - A writ of fieri facias or a writ of possession...

§ 16.1-100. Additional executions; by whom issued - Subject to the limitations prescribed in Chapter 17 (§ 8.01-426...

§ 16.1-101. Proceedings against officer failing to make or making improper return - If an officer fail to make due return of any...

§ 16.1-102. Officers and sureties liable for money collected after return day - If, after the return day of an execution issued on...

§ 16.1-103. Proceedings by interrogatories - Whenever a fieri facias has been issued upon a judgment...

§ 16.1-104. Repealed - Repealed by Acts 1983, c. 499.

§ 16.1-105. Attachments - The proceedings on any attachment brought in a court not...

§ 16.1-106. Appeals from courts not of record in civil cases - A. From any order entered or judgment rendered in a...

§ 16.1-106.1. Withdrawal of appeal in civil cases - A. A party who has appealed a final judgment or...

§ 16.1-107. Requirements for appeal - A. No appeal shall be allowed unless and until the...

§ 16.1-108. Deposit of money in lieu of bond - In lieu of giving bond with surety as provided in...

§ 16.1-109. Appellate court may require new or additional security - A. The court to which the appeal is taken may...

§ 16.1-110. Bankruptcy of appellant does not release surety - No surety in any appeal bond given by the appellant...

§ 16.1-111. Court to which appeal sent - The party taking an appeal may, when there is more...

§ 16.1-112. All papers transmitted to appellate court; further proceedings - The judge or clerk of any court from which an...

§ 16.1-113. How appeals tried - Every such appeal shall be tried by the court in...

§ 16.1-114. Repealed - Repealed by Acts 1983, c. 499.

§ 16.1-114.1. Principles applicable in trial of appeals; defective or irregular warrants or motions - Actions or proceedings appealed from district courts shall be tried...

§ 16.1-115. Repealed - Repealed by Acts 1986, c. 45.

§ 16.1-116. Issuance of executions and abstracts and proceedings by interrogatories after papers returned to circuit court - When a judgment has been rendered in a civil action...

§ 16.1-117. When papers in civil cases in certain municipal courts may be destroyed - The clerk of any municipal court in which papers are...

§ 16.1-118. When papers in civil cases returned to courts of record may be destroyed - The clerk of any court of record to whose office...

§ 16.1-118.1. Destruction of papers in civil cases in certain district courts - In Henrico County or Montgomery County, the clerk of any...

§ 16.1-119. Proceedings to try title to property levied on under distress or execution - When an execution on a judgment of a general district...

§ 16.1-120. Summons in such case - If the party making such application shall make and file...

§ 16.1-121. Order after hearing - After hearing the parties or such of them as may...

§ 16.1-122. Appeal - If the property or money claimed in any such proceeding...

§ 16.1-122.1. Small claims court; designated - On or before July 1, 1999, each general district court...

§ 16.1-122.2. Jurisdiction - Notwithstanding any provision of law to the contrary, the small...

§ 16.1-122.3. Actions; how commenced; notice; continuances; pleadings - A. Actions in the small claims court shall be commenced...

§ 16.1-122.4. Representation and removal; rights of parties - A. All parties shall be represented by themselves in actions...

§ 16.1-122.5. Informal hearings; rules of evidence suspended - In trials before the small claims court, witnesses shall be...

§ 16.1-122.6. Judgment and collection - The small claims court shall follow the procedures of the...

§ 16.1-122.7. Appeals - Appeals from the small claims court shall be as in...

Chapter 7 - Jurisdiction and Procedure in Criminal Matters

§ 16.1-123. Repealed - Repealed by Acts 1984, c. 506.

§ 16.1-123.1. Criminal and traffic jurisdiction of general district courts - 1. Each general district court shall have, within the county,...

§ 16.1-124. Repealed - Repealed by Acts 1984, c. 506.

§ 16.1-126. Certain courts of record may try misdemeanors; procedure - Notwithstanding the provisions of this chapter, the circuit court of...

§ 16.1-127. Courts may conduct preliminary examinations - In addition to the power and authority conferred by this...

§ 16.1-128. Exception when jurisdiction in State Corporation Commission - Nothing in this chapter shall be held to confer upon...

§ 16.1-129. Offenses tried on warrants, or as provided in Chapter 7 of Title 19.2 - Every offense of which a court not of record is...

§ 16.1-129.1. Repealed - Repealed by Acts 1990, c. 75.

§ 16.1-129.2. Procedure when warrant defective - Upon the trial of a warrant, the court may, upon...

§ 16.1-129.3. Repealed - Repealed by Acts 1974, c. 481.

§ 16.1-130. Repealed - Repealed by Acts 1983, c. 499.

§ 16.1-131. Subpoenas duces tecum and recognizances of witnesses; applicable provisions - The provisions of § 16.1-90 with respect to recognizances for...

§ 16.1-131.1. Procedure when constitutionality of a statute is challenged in a court not of record - In any criminal or traffic case in a court not...

§ 16.1-132. Right of appeal - Any person convicted in a district court of an offense...

§ 16.1-133. Withdrawal of appeal - Notwithstanding the provisions of § 16.1-135, any person convicted in...

§ 16.1-133.1. Reopening case after conviction - Within sixty days from the date of conviction of any...

§ 16.1-134. Appeal by Commonwealth in revenue cases - In any case involving the violation of a law relating...

§ 16.1-135. Bail and recognizance; papers filed with circuit court - A person who has been convicted of an offense in...

§ 16.1-136. How appeal tried - Any appeal taken under the provisions of this chapter shall...

§ 16.1-137. Procedure on appeal when warrant defective - Upon the trial of the warrant on appeal the court...

§ 16.1-138. Repealed - Repealed by Acts 1983, c. 499.

Chapter 8 - Juvenile and Domestic Relations Courts

§ 16.1-139. Repealed - Repealed by Acts 1977, c. 559.

§ 16.1-217.1. Repealed - Repealed by Acts 1975, c. 341.

Chapter 9 - Judicial Conference of Virginia for District Courts

§ 16.1-218. Established; active and honorary members - There is hereby established a Judicial Conference of Virginia for...

§ 16.1-219. President; election of executive committee; assistance by Executive Secretary of Supreme Court - The Chief Justice of the Supreme Court shall be president...

§ 16.1-220. Meetings; active members must give notice of inability to attend; special session concerning motor vehicle and traffic laws - The Conference shall meet at least once in each calendar...

§ 16.1-221. Members to receive actual expenses - The active members and honorary members shall receive their actual...

Chapter 10 - Virginia Juvenile Justice Information System

§ 16.1-222. Established; powers of Director - A. There is hereby established within the Department of Juvenile...

§ 16.1-223. Receipt, etc., of data; forms for reports; confidentiality - A. The Virginia Juvenile Justice Information System shall receive, classify...

§ 16.1-224. Data submissions by court service units - A. All court service units serving juvenile and domestic relations...

§ 16.1-225. Penalty for violation of confidentiality of records - Any person who knowingly and willfully violates the provisions of...

Chapter 11 - Juvenile and Domestic Relations District Courts

§ 16.1-226. Short title - The short title of the statutes embraced in this chapter...

§ 16.1-227. Purpose and intent - This law shall be construed liberally and as remedial in...

§ 16.1-228. Definitions - As used in this chapter, unless the context requires a...

§ 16.1-229. This chapter controlling in event of conflict - Whenever any specific provision of this chapter differs from or...

§ 16.1-229.1. Removal of a child; names and contact information of persons with a legitimate interest - In any proceeding held pursuant to this chapter in which...

§ 16.1-230. Organization and operation of juvenile and domestic relations district courts - The provisions of Chapter 4.1 (§ 16.1-69.1 et seq.) of...

§ 16.1-231. Rules of procedure - The chief judge may adopt and publish rules not in...

§ 16.1-232. Attorney for the Commonwealth to prosecute certain cases and represent Commonwealth on appeal - The attorney for the Commonwealth shall prosecute felony charges before...

§ 16.1-233. Department to develop court services; court services units; appointment and removal of employees; salaries - A. Within funds appropriated for the purpose, it shall be...

§ 16.1-234. Duties of Department; provision of quarters, utilities, and office equipment to court service unit - The Director shall cause the Department to study the conditions...

§ 16.1-235. How probation, parole and related court services provided - Probation, parole and related court services shall be provided through...

§ 16.1-235.1. Provision of court services; replacement intake officers - The chief judge may make arrangements for a replacement intake...

§ 16.1-236. Supervisory officers - In any court where more than one probation or parole...

§ 16.1-236.1. Court services unit directors - A. State-operated court services units. A court services unit director...

§ 16.1-237. Powers, duties and functions of probation and parole officers - In addition to any other powers and duties imposed by...

§ 16.1-238. Compensation of probation officers, court service staff members and related court service personnel; reimbursement; traveling and other expenses - The compensation of probation officers and other court service staff...

§ 16.1-239. Payment of traveling expenses of court officers; reimbursement - In counties and cities providing specialized court service programs prior...

§ 16.1-240. Citizens advisory council - A. The governing bodies of each county and city served...

§ 16.1-241. Jurisdiction; consent for abortion - The judges of the juvenile and domestic relations district court...

§ 16.1-241.1. Repealed - Repealed by Acts 2002, c. 305.

§ 16.1-241.2. Proceedings against certain parents - A. Upon the failure of a parent to comply with...

§ 16.1-241.3. Newborn children; substance abuse - Upon the filing of a petition alleging that an investigation...

§ 16.1-242. Retention of jurisdiction - When jurisdiction has been obtained by the court in the...

§ 16.1-242.1. Retention of jurisdiction; appeals involving children in foster care - Upon appeal to the circuit court of any case involving...

§ 16.1-243. Venue - A. Original venue: 1. Cases involving children, other than support...

§ 16.1-244. Concurrent jurisdiction; exceptions - A. Nothing contained in this law shall deprive any other...

§ 16.1-245. Transfer from other courts - If, during the pendency of a proceeding in any other...

§ 16.1-245.1. Medical evidence admissible in juvenile and domestic relations district court - In any civil case heard in a juvenile and domestic...

§ 16.1-246. When and how child may be taken into immediate custody - No child may be taken into immediate custody except: A....

§ 16.1-247. Duties of person taking child into custody - A. A person taking a child into custody pursuant to...

§ 16.1-247.1. Custodial interrogation of a child; parental notification and contact - A. Prior to any custodial interrogation of a child by...

§ 16.1-248. Repealed - Repealed by Acts 1985, c. 260.

§ 16.1-248.1. Criteria for detention or shelter care - A. A juvenile taken into custody whose case is considered...

§ 16.1-248.2. Mental health screening and assessment for certain juveniles - Whenever a juvenile is placed in a secure facility pursuant...

§ 16.1-248.3. Medical records of juveniles in secure facility - Whenever a juvenile is placed in a secure facility or...

§ 16.1-249. Places of confinement for juveniles - A. If it is ordered that a juvenile remain in...

§ 16.1-249.1. Places of confinement to give notice of intake of certain persons - A. At the time of receipt of any person, for...

§ 16.1-250. Procedure for detention hearing - A. When a child has been taken into immediate custody...

§ 16.1-250.1. Repealed - Repealed by Acts 2004, c. 437, cl. 2, effective July...

§ 16.1-251. Emergency removal order - A. A child may be taken into immediate custody and...

§ 16.1-252. Preliminary removal order; hearing - A. A preliminary removal order in cases in which a...

§ 16.1-253. Preliminary protective order - A. Upon the motion of any person or upon the...

§ 16.1-253.1. Preliminary protective orders in cases of family abuse; confidentiality - A. Upon the filing of a petition alleging that the...

§ 16.1-253.2. Violation of provisions of protective orders; penalty - A. In addition to any other penalty provided by law,...

§ 16.1-253.3. Repealed - Repealed by Acts 1992, c. 886.

§ 16.1-253.4. Emergency protective orders authorized in certain cases; penalty - A. Any judge of a circuit court, general district court,...

§ 16.1-254. Responsibility for and limitation on transportation of children - A. The detention home having custody or responsibility for supervision...

§ 16.1-255. Limitation on issuance of detention orders for juveniles; appearance by juvenile - No detention order shall be issued for any juvenile except...

§ 16.1-256. Limitations as to issuance of warrants for juveniles; detention orders - No warrant of arrest shall be issued for any juvenile...

§ 16.1-257. Interference with or obstruction of officer; concealment or removal of child - No person shall interfere with or obstruct any officer, juvenile...

§ 16.1-258. Bonds and forfeitures thereof - All bonds and other undertakings taken and approved by any...

§ 16.1-259. Procedure in cases of adults - A. In cases where an adult is charged with violations...

§ 16.1-260. Intake; petition; investigation - A. All matters alleged to be within the jurisdiction of...

§ 16.1-261. Statements made at intake or mental health screening and assessment - Statements made by a child to the intake officer or...

§ 16.1-262. Form and content of petition - A. The petition shall contain the facts below indicated: "Commonwealth...

§ 16.1-263. Summonses - A. After a petition has been filed, the court shall...

§ 16.1-264. Service of summons; proof of service; penalty - A. If a party designated in subsection A of §...

§ 16.1-265. Subpoena; attorney-issued subpoena - Upon application of a party and pursuant to the rules...

§ 16.1-266. Appointment of counsel and guardian ad litem - A. Prior to the hearing by the court of any...

§ 16.1-266.1. Standards for attorneys appointed as guardians ad litem; list of qualified attorneys; attorneys appointed for parents or guardians - A. On or before January 1, 1995, the Judicial Council...

§ 16.1-266.2. Appointment of pro bono counsel by judges of the First and Second Judicial District in certain cases - The judges of the juvenile and domestic relations district court...

§ 16.1-267. Compensation of appointed counsel - A. When the court appoints counsel to represent a child...

§ 16.1-268. Order of appointment - The order of appointment of counsel pursuant to § 16.1-266...

§ 16.1-269. Repealed - Repealed by Acts 1994, cc. 859 and 949.

§ 16.1-269.1. Trial in circuit court; preliminary hearing; direct indictment; remand - A. Except as provided in subsections B and C, if...

§ 16.1-269.2. Admissibility of statement; investigation and report; bail - A. Statements made by the juvenile at the transfer hearing...

§ 16.1-269.3. Retention by juvenile court; appeal - If a case is not transferred following a transfer hearing...

§ 16.1-269.4. Transfer to circuit court; appeal by juvenile - If the juvenile court transfers the case pursuant to subsection...

§ 16.1-269.5. Placement of juvenile - The juvenile court may order placement of the transferred juvenile...

§ 16.1-269.6. Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals - A. Within seven days after receipt of notice of an...

§ 16.1-270. Waiver of jurisdiction of juvenile court in certain cases - At any time prior to commencement of the adjudicatory hearing,...

§ 16.1-271. Subsequent offenses by juvenile - Conviction of a juvenile as an adult pursuant to the...

§ 16.1-272. Power of circuit court over juvenile offender - A. In any case in which a juvenile is indicted,...

§ 16.1-272.1. Claim of error to be raised within one year - In addition to any other curative provisions, waivers, procedural defaults,...

§ 16.1-273. Court may require investigation of social history and preparation of victim impact statement - A. When a juvenile and domestic relations district court or...

§ 16.1-274. Time for filing of reports; copies furnished to attorneys; amended reports; fees - A. Whenever any court directs an investigation pursuant to subdivision...

§ 16.1-274.1. Admission of evidence of juvenile's age - In any proceeding in a district court or circuit court...

§ 16.1-274.2. Certain education records as evidence - A. In any proceeding where (i) a juvenile is alleged...

§ 16.1-275. Physical and mental examinations and treatment; nursing and medical care - The juvenile court or the circuit court may cause any...

§ 16.1-276. Fees and travel expenses of witnesses - The judge may authorize the payment of the fees and...

§ 16.1-276.1. Repealed - Repealed by Acts 2002, c. 305.

§ 16.1-276.2. Transportation orders in certain proceedings - In any proceeding (i) pursuant to subdivisions 2, 4 or...

§ 16.1-276.3. Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing - Notwithstanding any other provision of law, in any civil proceeding...

§ 16.1-277. Repealed - Repealed by Acts 1999, c. 889.

§ 16.1-277.01. Approval of entrustment agreement - A. In any case in which a child has been...

§ 16.1-277.02. Petition for relief of care and custody - A. Requests for petitions for relief of the care and...

§ 16.1-277.1. Time limitation - A. When a child is held continuously in secure detention,...

§ 16.1-277.2. Rejection of plea agreement; recusal - Upon rejecting a plea agreement in any delinquency matter, a...

§ 16.1-278. Cooperation of certain agencies, officials, institutions and associations - A. The judge may order, after notice and opportunity to...

§ 16.1-278.1. Definitions - As used in this article, unless the context clearly indicates...

§ 16.1-278.2. Abused, neglected, or abandoned children or children without parental care - A. Within 60 days of a preliminary removal order hearing...

§ 16.1-278.3. Relief of care and custody - A. Within 60 days of a hearing on a petition...

§ 16.1-278.4. Children in need of services - If a child is found to be in need of...

§ 16.1-278.5. Children in need of supervision - A. If a child is found to be in need...

§ 16.1-278.6. Status offenders - If a child is alleged to be a status offender,...

§ 16.1-278.7. Commitment to Department of Juvenile Justice - Only a juvenile who is (i) adjudicated delinquent of an...

§ 16.1-278.7:01. Department to give notice of the receipt of certain persons - A. At the time or receipt of any person, for...

§ 16.1-278.7:02. Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons - A. Prior to the release or discharge of any persons...

§ 16.1-278.8. Delinquent juveniles - A. If a juvenile is found to be delinquent, except...

§ 16.1-278.8:01. Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs - Whenever any juvenile who has not previously been found delinquent...

§ 16.1-278.9. Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy - A. If a court has found facts which would justify...

§ 16.1-278.10. Traffic infractions - In cases involving a child who is charged with a...

§ 16.1-278.11. Mental illness and intellectual disability - In cases involving a person who is involuntarily admitted because...

§ 16.1-278.12. When judicial consent in lieu of parental consent authorized - In cases involving judicial consent to the matters set out...

§ 16.1-278.13. Work permits; petitions for treatment, etc. - In cases involving judicial consent to apply for a work...

§ 16.1-278.14. Criminal jurisdiction; protective orders; family offenses - In cases involving the violation of any law, regulation or...

§ 16.1-278.15. Custody or visitation, child or spousal support generally - A. In cases involving the custody, visitation or support of...

§ 16.1-278.16. Failure to comply with support obligation; payroll deduction; commitment - In cases involving (i) the custody, visitation, or support of...

§ 16.1-278.17. Pendente lite support - In cases involving (i) the custody, visitation or support of...

§ 16.1-278.17:1. Formula for determination of pendente lite spousal support - A. There shall be a presumption in any judicial proceeding...

§ 16.1-278.18. Money judgments - A. Each juvenile and domestic relations district court may enter...

§ 16.1-278.19. Attorney fees - In any matter properly before the court, the court may...

§ 16.1-279. Repealed - Repealed by Acts 1991, c. 534.

§ 16.1-279.1. Protective order in cases of family abuse - A. In cases of family abuse, including any case involving...

§ 16.1-280. Commitment of juveniles with mental illness or intellectual disability - When any juvenile court has found a juvenile to be...

§ 16.1-281. Foster care plan - A. In any case in which (i) a local board...

§ 16.1-282. Foster care review - A. In the case of a child who was the...

§ 16.1-282.1. Permanency planning hearing for children in foster care - A. In the case of a child who was the...

§ 16.1-282.2. Annual foster care review - A. The court shall review a foster care plan annually...

§ 16.1-283. Termination of residual parental rights - A. The residual parental rights of a parent or parents...

§ 16.1-283.1. Authority to enter into voluntary post-adoption contact and communication agreement - A. In any case in which (i) a child has...

§ 16.1-283.2. Restoration of parental rights - A. If a child is in the custody of the...

§ 16.1-283.3. Review of voluntary continuing services and support agreements for former foster youth - A. Whenever a program participant, as defined in § 63.2-918,...

§ 16.1-284. When adult sentenced for juvenile offense - A. When the juvenile court sentences an adult who has...

§ 16.1-284.1. Placement in secure local facility - A. If a juvenile 14 years of age or older...

§ 16.1-285. Duration of commitments - Except as provided in § 16.1-285.1, all commitments under this...

§ 16.1-285.1. Commitment of serious offenders - A. In the case of a juvenile fourteen years of...

§ 16.1-285.2. Release and review hearing for serious offender - A. Upon receipt of a petition of the Department of...

§ 16.1-286. Cost of maintenance; approval of placement; semiannual review - A. When the court determines that the behavior of a...

§ 16.1-287. Transfer of information upon commitment; information to be furnished by and to local school boards - Whenever the court commits a child to the Department of...

§ 16.1-288. Protection of religious affiliations - In placing a child under the guardianship or custody of...

§ 16.1-289. Review of order of commitment - The juvenile court or the circuit court, as the case...

§ 16.1-289.1. Motions to reconsider orders for participation in continuing programs - When a person is ordered to participate in therapy, counseling...

§ 16.1-290. Support of committed juvenile; support from estate of juvenile - A. Whenever (i) legal custody of a juvenile is vested...

§ 16.1-290.1. Payment for court-ordered counseling, treatment or programs - The court shall order the participant in any treatment, counseling...

§ 16.1-291. Revocation or modification of probation, protective supervision or parole; proceedings; disposition - A. A juvenile or person who violates an order of...

§ 16.1-292. Violation of court order by any person - A. Any person violating an order of the juvenile court...

§ 16.1-293. Supervision of juvenile or person during commitment and on parole; placing juvenile in halfway house - At such time as the court commits a juvenile to...

§ 16.1-293.1. Mental health services transition plan - A. The Board of Juvenile Justice, after consultation with the...

§ 16.1-294. Placing child on parole in foster home or with institution; how cost paid - When the child is returned to the custody of the...

§ 16.1-295. Transfer of supervision from one county or city to another, or to another state - If any person on probation to or under the supervision...

§ 16.1-296. Jurisdiction of appeals; procedure - A. From any final order or judgment of the juvenile...

§ 16.1-296.1. Repealed - Repealed by Acts 1999, c. 161.

§ 16.1-296.2. Appeals of certain custody and visitation proceedings - A. In any matter in which a filing fee either...

§ 16.1-297. Final judgment; copy filed with juvenile court; proceeding may be remanded to juvenile court - Upon the rendition of final judgment upon an appeal from...

§ 16.1-298. Effect of petition for or pendency of appeal; bail - A. Except as provided herein, a petition for or the...

§ 16.1-299. Fingerprints and photographs of juveniles - A. All duly constituted police authorities having the power of...

§ 16.1-299.1. Sample required for DNA analysis upon conviction or adjudication of felony - A juvenile convicted of a felony or adjudicated delinquent on...

§ 16.1-299.2. Repealed - Repealed by Acts 2005, c. 843, cl. 2.

§ 16.1-300. Confidentiality of Department records - A. The social, medical, psychiatric, and psychological reports and records...

§ 16.1-301. Confidentiality of juvenile law-enforcement records; disclosures to school principal and others - A. The court shall require all law-enforcement agencies to take...

§ 16.1-302. Dockets, indices, and order books; when hearings and records private; right to public hearing; presence of juvenile in court - A. Every juvenile court shall keep a separate docket of...

§ 16.1-302.1. Right of victim or representative to attend certain proceedings; notice of hearings - During proceedings involving petitions or warrants alleging that a juvenile...

§ 16.1-303. Reports of court officials and employees when privileged - All information obtained in discharge of official duties by any...

§ 16.1-304. Repealed - Repealed by Acts 1983, c. 499.

§ 16.1-305. Confidentiality of court records - A. Social, medical and psychiatric or psychological records, including reports...

§ 16.1-305.01. Access to child and spousal support case files - All child support and spousal support case files, whether physical...

§ 16.1-305.1. Disclosure of disposition in certain delinquency cases - Upon a court's disposition of a proceeding where a juvenile...

§ 16.1-305.2. Disclosure of notice of the filing of a petition and certain reports by division superintendent - Except as otherwise provided in this section, a division superintendent...

§ 16.1-306. Expungement of court records - A. Notwithstanding the provisions of § 16.1-69.55, the clerk of...

§ 16.1-307. Circuit court records regarding juveniles - In proceedings against a juvenile in the circuit court in...

§ 16.1-308. Effect of adjudication on status of child - Except as otherwise provided by law for a juvenile found...

§ 16.1-309. Penalty - A. Except as provided in §§ 16.1-299, 16.1-300, 16.1-301, 16.1-305...

§ 16.1-309.1. Exception as to confidentiality - A. Notwithstanding any other provision of this article, where consideration...

§ 16.1-309.2. Purpose and intent - The General Assembly, to ensure the prevention of juvenile crime...

§ 16.1-309.3. Establishment of a community-based system of services; biennial local plan; quarterly report - A. Any county, city, or combination thereof may establish a...

§ 16.1-309.4. Statewide plan for juvenile services - It shall be the duty of the Department of Juvenile...

§ 16.1-309.5. Construction, etc., of detention homes and other facilities; reimbursement in part by Commonwealth - A. The Commonwealth shall reimburse any county, city or any...

§ 16.1-309.6. How state appropriations for operating costs of Juvenile Community Crime Control Act programs determined; notice of financial aid - The Governor's proposed biennial budget shall include, for each fiscal...

§ 16.1-309.7. Determination of payment - A. The Commonwealth shall provide financial assistance to localities whose...

§ 16.1-309.8. Costs of maintenance of juveniles in Community Crime Control Act programs - Any county, city or combination thereof operating a Juvenile Community...

§ 16.1-309.9. Establishment of standards; determination of compliance - A. The State Board of Juvenile Justice shall develop, promulgate...

§ 16.1-309.10. Visitation and management of detention homes; other facilities; reports of superintendent - In the event that a detention home, group home or...

§ 16.1-309.11. Youth justice diversion program - A. For the purposes of this section, "youth justice diversion...

§ 16.1-310. Repealed - Repealed by Acts 1995, cc. 698 and 840.

§ 16.1-315. Joint or regional citizen detention commissions authorized - The governing bodies of three or more counties, cities or...

§ 16.1-316. Number and terms of members; admission of additional local governing bodies - A juvenile detention home, group home or other residential care...

§ 16.1-317. Quorum; chairman; rules of procedure; compensation - The appointive members of the commission shall constitute the commission,...

§ 16.1-318. Powers of commission generally; supervision by Director of Department of Juvenile Justice - Each commission created hereunder shall have all powers necessary or...

§ 16.1-319. Acquisition of property by commission - The commission shall have the right to acquire by eminent...

§ 16.1-320. Property of commission exempt from execution and judgment liens - All property of the commission shall be exempt from levy...

§ 16.1-321. Appropriations by political subdivisions; issuance of bonds - The political subdivisions for which the commission is created are...

§ 16.1-322. Record of commission; reports - The commission shall keep and preserve complete records of its...

§ 16.1-322.1. Apportionment of funds to localities or commissions operating juvenile secure detention facilities or programs; standards for apportionment - The Department shall apportion among the localities or commissions operating...

§ 16.1-322.2. Payment of funds quarterly; distribution and reallocation of reserve - State moneys appropriated to the Department for the support of...

§ 16.1-322.3. Localities and commissions to make monthly reports to Director; penalty for willfully falsifying information; procedure when locality or commission fails to make report - Each locality or commission eligible to receive state funds in...

§ 16.1-322.4. Payments for children from other counties or cities - Any locality or commission operating a juvenile secure detention facility...

§ 16.1-322.5. State Board may authorize private construction, operation, etc., of local or regional detention homes, etc. - A. The State Board of Juvenile Justice may authorize a...

§ 16.1-322.6. Powers and duties not delegable to contractor - No contract for juvenile correctional facilities or programs shall authorize,...

§ 16.1-322.7. State Board to promulgate regulations - The State Board shall make, adopt, and promulgate regulations governing...

§ 16.1-323. Governor to execute; form of compact - The Governor of Virginia is hereby authorized and requested to...

§ 16.1-323.1. State Council for Interstate Compact for Juveniles - A. The Virginia Council for the Interstate Compact for Juveniles...

§ 16.1-324. Repealed - Repealed by Acts 2007, cc. 277 and 387, cl. 2,...

§ 16.1-330.1. Serious or Habitual Offender Comprehensive Action Program; definition; disclosure of information; penalty - A. For purposes of this article, a serious or habitual...

§ 16.1-330.2. Immunity - Any staff person or agency who is sharing information within...

§ 16.1-331. Petition for emancipation - Any minor who has reached his sixteenth birthday and is...

§ 16.1-332. Orders of court; investigation, report and appointment of counsel - If deemed appropriate the court may (i) require the local...

§ 16.1-333. Findings necessary to order that minor is emancipated - The court may enter an order declaring the minor emancipated...

§ 16.1-333.1. Written findings necessary to order that minor is emancipated on the basis of intent to marry - The court may enter an order declaring such a minor...

§ 16.1-334. Effects of order - An order that a minor is emancipated shall have the...

§ 16.1-334.1. Identification card issued to minor by DMV - When entering an emancipation order under § 16.1-333, the court...

§ 16.1-335. Short title - The provisions of this article shall be known and may...

§ 16.1-336. Definitions - When used in this article, unless the context otherwise requires:...

§ 16.1-336.1. Admission forms - The Office of the Executive Secretary of the Supreme Court...

§ 16.1-337. Inpatient treatment of minors; general applicability; disclosure of records - A. A minor may be admitted to a mental health...

§ 16.1-337.1. Order of involuntary commitment or mandatory outpatient treatment forwarded to Central Criminal Records Exchange; certain voluntary admissions forwarded to Central Criminal Records Exchange; firearm background check - A. The order from a commitment hearing issued pursuant to...

§ 16.1-338. Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older - A. A minor younger than 14 years of age may...

§ 16.1-339. Parental admission of an objecting minor 14 years of age or older - A. A minor 14 years of age or older who...

§ 16.1-339.1. Minors in detention homes or shelter care facilities - If a minor admitted to a mental health facility pursuant...

§ 16.1-340. Emergency custody; issuance and execution of order - A. Any magistrate shall issue, upon the sworn petition of...

§ 16.1-340.1. Involuntary temporary detention; issuance and execution of order - A. A magistrate shall issue, upon the sworn petition of...

§ 16.1-340.1:1. Facility of temporary detention - A. In each case in which an employee or designee...

§ 16.1-340.2. Transportation of minor in the temporary detention process - A. In specifying the primary law-enforcement agency and jurisdiction for...

§ 16.1-340.3. Release of minor prior to commitment hearing for involuntary admission - Prior to a hearing as authorized in § 16.1-341, the...

§ 16.1-340.4. Involuntary commitment; preadmission screening report - The juvenile and domestic relations district court shall require a...

§ 16.1-341. Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel - A. A petition for the involuntary commitment of a minor...

§ 16.1-342. Involuntary commitment; clinical evaluation - A. Upon the filing of a petition for involuntary commitment,...

§ 16.1-343. Involuntary commitment; duties of attorney for the minor - As far in advance as practicable after an attorney is...

§ 16.1-344. Involuntary commitment; hearing - A. The court shall summon to the hearing all material...

§ 16.1-345. Involuntary commitment; criteria - After observing the minor and considering (i) the recommendations of...

§ 16.1-345.1. Use of electronic communication - A. Petitions and orders for emergency custody, temporary detention, and...

§ 16.1-345.2. Mandatory outpatient treatment; criteria; orders - A. After observing the minor and considering (i) the recommendations...

§ 16.1-345.3. Monitoring mandatory outpatient treatment; motion for review - A. The community services board where the minor resides shall...

§ 16.1-345.4. Court review of mandatory outpatient treatment plan - A. The juvenile and domestic relations district court judge shall...

§ 16.1-345.5. Continuation of mandatory outpatient treatment order - A. At any time within 30 days prior to the...

§ 16.1-345.6. Appeal of final order - A. The minor shall have the right to appeal any...

§ 16.1-346. Treatment plans; periodic review of status - A. Within 10 days of commitment ordered under § 16.1-345,...

§ 16.1-346.1. Discharge plan - Prior to discharge of any minor admitted to inpatient treatment,...

§ 16.1-347. Fees and expenses for qualified evaluators - Every qualified evaluator appointed by the court to conduct an...

§ 16.1-348. Availability of judge - The chief judge of every juvenile and domestic relations district...

§ 16.1-349. Definitions - "Attending physician" means the physician who has primary responsibility for...

§ 16.1-350. Petition for court approval of standby guardian - A. Upon petition of any person, the juvenile court of...

§ 16.1-351. Court order approving standby guardianship; authority; when effective - Upon consideration of the factors set out in § 20-124.3...

§ 16.1-352. Written designation of a standby guardian by a parent; commencement of authority; court approval required - A. A parent may execute a written designation of a...

§ 16.1-353. Further proceedings to determine permanent guardianship, custody - A. If the triggering event was death of the qualified...

§ 16.1-354. Revocation, refusal, termination of standby guardianship - A. The authority of a standby guardian approved by the...

§ 16.1-355. Review of standby guardianship - A child's parent, stepparent, adult sibling or any adult related...

§ 16.1-356. Raising question of competency to stand trial; evaluation and determination of competency - A. If, at any time after the attorney for the...

§ 16.1-357. Disposition when juvenile found incompetent - A. Upon finding pursuant to subsection F of § 16.1-356...

§ 16.1-358. Disposition of the unrestorably incompetent juvenile - If, at any time after the juvenile is ordered to...

§ 16.1-359. Litigating certain issues when the juvenile is incompetent - A finding of incompetency does not preclude the adjudication, at...

§ 16.1-360. Disclosure by juvenile during evaluation or restoration; use at guilt phase of trial adjudication or disposition hearing - No statement or disclosure by the juvenile concerning the alleged...

§ 16.1-361. Compensation of experts - Each psychiatrist, clinical psychologist, licensed clinical social worker, licensed professional...

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Code of Virginia Title 16.1 - Courts Not of Record

Code of Virginia
Title 16.1 - Courts Not of Record