{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-296.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-296.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-296.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-296.html"}],"law_id":81859,"edition_id":1,"section_id":81859,"structure_id":13442,"section_number":"16.1-296","catch_line":"Jurisdiction of appeals; procedure","history":"Code 1950, \u00a7 16.1-214; 1956, c. 555; 1966, c. 237; 1977, c. 559; 1978, c. 445; 1981, c. 109; 1982, c. 465; 1983, c. 88; 1984, c. 631; 1986, cc. 143, 465; 1989, c. 473; 1991, c. 534; 1993, c. 970; 1994, c. 673; 1995, c. 517; 1996, c. 866; 1997, cc. 654, 664, 790, 862; 1998, c. 550; 2004, cc. 468, 659, 727; 2005, c. 681; 2007, c. 464; 2009, c. 729; 2019, c. 718; 2020, c. 905; 2023, c. 788.","full_text":"A\n\nFrom any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction, an appeal may be taken to the circuit court within 10 days from the entry of a final judgment, order, or conviction and shall be heard de novo. In any such case, a copy of the notice of appeal shall be served consistent with Rule 1:12 of the Rules of Supreme Court of Virginia by the appealing party upon the opposing party or each counsel of record. The failure of the appealing party to properly serve the notice of appeal shall not affect the validity of an otherwise proper appeal. However, if the court determines that the appealing party failed to properly serve a copy of the notice of appeal upon an opposing party, the court may, on its own motion, (i) continue any hearing on such appeal or (ii) dismiss such appeal absent a showing of good cause by the appealing party.A1\n\nIn a case arising under the Uniform Interstate Family Support Act (§ 20-88.32 et seq.), a party may take an appeal pursuant to this section within 30 days from entry of a final order or judgment. Protective orders issued pursuant to § 16.1-279.1 in cases of family abuse and orders entered pursuant to § 16.1-278.2 are final orders from which an appeal may be taken.B\n\nUpon receipt of notice of such appeal the juvenile court shall forthwith transmit to the attorney for the Commonwealth a report incorporating the results of any investigation conducted pursuant to § 16.1-273, which shall be confidential in nature and made available only to the court and the attorney for the defendant (i) after the guilt or innocence of the accused has been determined or (ii) after the court has made its findings on the issues subject to appeal. After final determination of the case, the report and all copies thereof shall be forthwith returned to such juvenile court.C\n\nWhere an appeal is taken by a child on a finding that he or she is delinquent and on a disposition pursuant to § 16.1-278.8, trial by jury on the issue of guilt or innocence of the alleged delinquent act may be had on motion of the child, the attorney for the Commonwealth or the circuit court judge. If the alleged delinquent act is one which, if committed by an adult, would constitute a felony, the child shall be entitled to a jury of 12 persons. In all other cases, the jury shall consist of seven persons. If the jury in such a trial finds the child guilty, disposition shall be by the judge pursuant to the provisions of § 16.1-278.8 after taking into consideration the report of any investigation made pursuant to § 16.1-237 or 16.1-273.C1\n\nIn any hearing held upon an appeal taken by a child on a finding that he is delinquent and on a disposition pursuant to § 16.1-278.8, the provisions of § 16.1-302 shall apply mutatis mutandis, except in the case of trial by jury which shall be open. If proceedings in the circuit court are closed pursuant to this subsection, any records or portions thereof relating to such closed proceedings shall remain confidential.C2\n\nWhere an appeal is taken by a juvenile on a finding that he is delinquent and on a disposition pursuant to § 16.1-278.8 and the juvenile is in a secure facility pending the appeal, the circuit court, when practicable, shall hold a hearing on the merits of the case within 45 days of the filing of the appeal. Upon receipt of the notice of appeal from the juvenile court, the circuit court shall provide a copy of the order and a copy of the notice of appeal to the attorney for the Commonwealth within seven days after receipt of notice of an appeal. The time limitations shall be tolled during any period in which the juvenile has escaped from custody. A juvenile held continuously in secure detention shall be released from confinement if there is no hearing on the merits of his case within 45 days of the filing of the appeal. The circuit court may extend the time limitations for a reasonable period of time based upon good cause shown, provided the basis for such extension is recorded in writing and filed among the papers of the proceedings.D\n\nWhen an appeal is taken in a case involving termination of parental rights brought under § 16.1-283, the circuit court shall hold a hearing on the merits of the case within 90 days of the perfecting of the appeal. An appeal of the case to the Court of Appeals shall take precedence on the docket of the Court.E\n\nWhere an appeal is taken by an adult on a finding of guilty of an offense within the jurisdiction of the juvenile and domestic relations district court, the appeal shall be dealt with in all respects as is an appeal from a general district court pursuant to §§ 16.1-132 through 16.1-137; however, where an appeal is taken by any person on a charge of nonsupport, the procedure shall be as is provided for appeals in prosecutions under Chapter 5 (§ 20-61 et seq.) of Title 20.F\n\nIn all other cases on appeal, proceedings in the circuit court shall be heard without a jury; however, hearing of an issue by an advisory jury may be allowed, in the discretion of the judge, upon the motion of any party. An appeal from an order of protection issued pursuant to § 16.1-279.1 shall be given precedence on the docket of the court over other civil appeals taken to the circuit court from the district courts and shall be assigned a case number within two business days of receipt of such appeal.\n\t\t\tIf a party files an appeal of a district court order of protection entered pursuant to § 16.1-279.1, such notice of appeal shall be on a form prescribed by the Office of the Executive Secretary. The district court clerk shall contact the appellate court to determine whether the hearing on the appeal shall be set by the appellate court on (i) a date scheduled by the district court clerk with the court, (ii) on the next docket call date, or (iii) a date set for district court appeals. Once the hearing date is set and the appeal documents have been transmitted, the appellate court shall have the parties served with notice of the appeal stating the date and time of the hearing in accordance with subdivision 1 of § 8.01-296. No such hearing on the appeal shall be heard in the appellate court unless the appellee has been so served with such notice or notice has been waived by the non-moving party.G\n\nCosts, taxes and fees on appealed cases shall be assessed only in those cases in which a trial fee could have been assessed in the juvenile and domestic relations court and shall be collected in the circuit court, except that the appeal to circuit court of any case in which a fee either was or could have been assessed pursuant to § 16.1-69.48:5 shall also be in accordance with § 16.1-296.2.H\n\nNo appeal bond shall be required of a party appealing from an order of a juvenile and domestic relations district court except for that portion of any order or judgment establishing a support arrearage or suspending payment of support during pendency of an appeal. In cases involving support, no appeal shall be allowed until the party applying for the same or someone for him gives bond, in an amount and with sufficient surety approved by the judge or by his clerk if there is one, to abide by such judgment as may be rendered on appeal if the appeal is perfected or, if not perfected, then to satisfy the judgment of the court in which it was rendered. Upon appeal from a conviction for failure to support or from a finding of civil or criminal contempt involving a failure to support, the juvenile and domestic relations district court may require the party applying for the appeal or someone for him to give bond, with or without surety, to insure his appearance and may also require bond in an amount and with sufficient surety to secure the payment of prospective support accruing during the pendency of the appeal. An appeal will not be perfected unless such appeal bond as may be required is filed within 30 days from the entry of the final judgment or order. However, no appeal bond shall be required of the Commonwealth or when an appeal is proper to protect the estate of a decedent, an infant, a convict or an insane person, or the interest of a county, city or town.\n\t\t\tIf bond is furnished by or on behalf of any party against whom judgment has been rendered for money, the bond shall be conditioned for the performance and satisfaction of such judgment or order as may be entered against the party on appeal, and for the payment of all damages which may be awarded against him in the appellate court. If the appeal is by a party against whom there is no recovery, the bond shall be conditioned for the payment of any damages as may be awarded against him on the appeal. The provisions of § 16.1-109 shall apply to bonds required pursuant to this subsection.\n\t\t\tThis subsection shall not apply to release on bail pursuant to other subsections of this section or § 16.1-298.I\n\nIn all cases on appeal, the circuit court in the disposition of such cases shall have all the powers and authority granted by the chapter to the juvenile and domestic relations district court. Unless otherwise specifically provided by this Code, the circuit court judge shall have the authority to appoint counsel for the parties and compensate such counsel in accordance with the provisions of Article 6 (§ 16.1-266 et seq.) of this chapter.J\n\nIn any case which has been referred or transferred from a circuit court to a juvenile court and an appeal is taken from an order or judgment of the juvenile court, the appeal shall be taken to the circuit court in the same locality as the juvenile court to which the case had been referred or transferred.","order_by":null,"text":{"0":{"id":293281,"text":"From any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction, an appeal may be taken to the circuit court within 10 days from the entry of a final judgment, order, or conviction and shall be heard de novo. In any such case, a copy of the notice of appeal shall be served consistent with Rule 1:12 of the Rules of Supreme Court of Virginia by the appealing party upon the opposing party or each counsel of record. The failure of the appealing party to properly serve the notice of appeal shall not affect the validity of an otherwise proper appeal. However, if the court determines that the appealing party failed to properly serve a copy of the notice of appeal upon an opposing party, the court may, on its own motion, (i) continue any hearing on such appeal or (ii) dismiss such appeal absent a showing of good cause by the appealing party.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":293282,"text":"In a case arising under the Uniform Interstate Family Support Act (§ 20-88.32 et seq.), a party may take an appeal pursuant to this section within 30 days from entry of a final order or judgment. Protective orders issued pursuant to § 16.1-279.1 in cases of family abuse and orders entered pursuant to § 16.1-278.2 are final orders from which an appeal may be taken.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A","next_prefix":"B"},"2":{"id":293283,"text":"Upon receipt of notice of such appeal the juvenile court shall forthwith transmit to the attorney for the Commonwealth a report incorporating the results of any investigation conducted pursuant to § 16.1-273, which shall be confidential in nature and made available only to the court and the attorney for the defendant (i) after the guilt or innocence of the accused has been determined or (ii) after the court has made its findings on the issues subject to appeal. After final determination of the case, the report and all copies thereof shall be forthwith returned to such juvenile court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A1","next_prefix":"C"},"3":{"id":293284,"text":"Where an appeal is taken by a child on a finding that he or she is delinquent and on a disposition pursuant to § 16.1-278.8, trial by jury on the issue of guilt or innocence of the alleged delinquent act may be had on motion of the child, the attorney for the Commonwealth or the circuit court judge. If the alleged delinquent act is one which, if committed by an adult, would constitute a felony, the child shall be entitled to a jury of 12 persons. In all other cases, the jury shall consist of seven persons. If the jury in such a trial finds the child guilty, disposition shall be by the judge pursuant to the provisions of § 16.1-278.8 after taking into consideration the report of any investigation made pursuant to § 16.1-237 or 16.1-273.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"4":{"id":293285,"text":"In any hearing held upon an appeal taken by a child on a finding that he is delinquent and on a disposition pursuant to § 16.1-278.8, the provisions of § 16.1-302 shall apply mutatis mutandis, except in the case of trial by jury which shall be open. If proceedings in the circuit court are closed pursuant to this subsection, any records or portions thereof relating to such closed proceedings shall remain confidential.","type":"section","prefixes":["C1"],"prefix":"C1","entire_prefix":"C1","prefix_anchor":"C1","level":1,"prior_prefix":"C","next_prefix":"C2"},"5":{"id":293286,"text":"Where an appeal is taken by a juvenile on a finding that he is delinquent and on a disposition pursuant to § 16.1-278.8 and the juvenile is in a secure facility pending the appeal, the circuit court, when practicable, shall hold a hearing on the merits of the case within 45 days of the filing of the appeal. Upon receipt of the notice of appeal from the juvenile court, the circuit court shall provide a copy of the order and a copy of the notice of appeal to the attorney for the Commonwealth within seven days after receipt of notice of an appeal. The time limitations shall be tolled during any period in which the juvenile has escaped from custody. A juvenile held continuously in secure detention shall be released from confinement if there is no hearing on the merits of his case within 45 days of the filing of the appeal. The circuit court may extend the time limitations for a reasonable period of time based upon good cause shown, provided the basis for such extension is recorded in writing and filed among the papers of the proceedings.","type":"section","prefixes":["C2"],"prefix":"C2","entire_prefix":"C2","prefix_anchor":"C2","level":1,"prior_prefix":"C1","next_prefix":"D"},"6":{"id":293287,"text":"When an appeal is taken in a case involving termination of parental rights brought under § 16.1-283, the circuit court shall hold a hearing on the merits of the case within 90 days of the perfecting of the appeal. An appeal of the case to the Court of Appeals shall take precedence on the docket of the Court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"7":{"id":293288,"text":"Where an appeal is taken by an adult on a finding of guilty of an offense within the jurisdiction of the juvenile and domestic relations district court, the appeal shall be dealt with in all respects as is an appeal from a general district court pursuant to §§ 16.1-132 through 16.1-137; however, where an appeal is taken by any person on a charge of nonsupport, the procedure shall be as is provided for appeals in prosecutions under Chapter 5 (§ 20-61 et seq.) of Title 20.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":293289,"text":"In all other cases on appeal, proceedings in the circuit court shall be heard without a jury; however, hearing of an issue by an advisory jury may be allowed, in the discretion of the judge, upon the motion of any party. An appeal from an order of protection issued pursuant to § 16.1-279.1 shall be given precedence on the docket of the court over other civil appeals taken to the circuit court from the district courts and shall be assigned a case number within two business days of receipt of such appeal.\n\t\t\tIf a party files an appeal of a district court order of protection entered pursuant to § 16.1-279.1, such notice of appeal shall be on a form prescribed by the Office of the Executive Secretary. The district court clerk shall contact the appellate court to determine whether the hearing on the appeal shall be set by the appellate court on (i) a date scheduled by the district court clerk with the court, (ii) on the next docket call date, or (iii) a date set for district court appeals. Once the hearing date is set and the appeal documents have been transmitted, the appellate court shall have the parties served with notice of the appeal stating the date and time of the hearing in accordance with subdivision 1 of § 8.01-296. No such hearing on the appeal shall be heard in the appellate court unless the appellee has been so served with such notice or notice has been waived by the non-moving party.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"9":{"id":293290,"text":"Costs, taxes and fees on appealed cases shall be assessed only in those cases in which a trial fee could have been assessed in the juvenile and domestic relations court and shall be collected in the circuit court, except that the appeal to circuit court of any case in which a fee either was or could have been assessed pursuant to § 16.1-69.48:5 shall also be in accordance with § 16.1-296.2.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"10":{"id":293291,"text":"No appeal bond shall be required of a party appealing from an order of a juvenile and domestic relations district court except for that portion of any order or judgment establishing a support arrearage or suspending payment of support during pendency of an appeal. In cases involving support, no appeal shall be allowed until the party applying for the same or someone for him gives bond, in an amount and with sufficient surety approved by the judge or by his clerk if there is one, to abide by such judgment as may be rendered on appeal if the appeal is perfected or, if not perfected, then to satisfy the judgment of the court in which it was rendered. Upon appeal from a conviction for failure to support or from a finding of civil or criminal contempt involving a failure to support, the juvenile and domestic relations district court may require the party applying for the appeal or someone for him to give bond, with or without surety, to insure his appearance and may also require bond in an amount and with sufficient surety to secure the payment of prospective support accruing during the pendency of the appeal. An appeal will not be perfected unless such appeal bond as may be required is filed within 30 days from the entry of the final judgment or order. However, no appeal bond shall be required of the Commonwealth or when an appeal is proper to protect the estate of a decedent, an infant, a convict or an insane person, or the interest of a county, city or town.\n\t\t\tIf bond is furnished by or on behalf of any party against whom judgment has been rendered for money, the bond shall be conditioned for the performance and satisfaction of such judgment or order as may be entered against the party on appeal, and for the payment of all damages which may be awarded against him in the appellate court. If the appeal is by a party against whom there is no recovery, the bond shall be conditioned for the payment of any damages as may be awarded against him on the appeal. The provisions of § 16.1-109 shall apply to bonds required pursuant to this subsection.\n\t\t\tThis subsection shall not apply to release on bail pursuant to other subsections of this section or § 16.1-298.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"11":{"id":293292,"text":"In all cases on appeal, the circuit court in the disposition of such cases shall have all the powers and authority granted by the chapter to the juvenile and domestic relations district court. Unless otherwise specifically provided by this Code, the circuit court judge shall have the authority to appoint counsel for the parties and compensate such counsel in accordance with the provisions of Article 6 (§ 16.1-266 et seq.) of this chapter.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"12":{"id":293293,"text":"In any case which has been referred or transferred from a circuit court to a juvenile court and an appeal is taken from an order or judgment of the juvenile court, the appeal shall be taken to the circuit court in the same locality as the juvenile court to which the case had been referred or transferred.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":13442,"edition_id":1,"name":"Appeal","identifier":"11","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":160995,"object_type":"structure","relational_id":13442,"identifier":"11","token":"16.1\/11\/11","url":"\/16.1\/11\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81859,"structure_id":13442,"section_number":"16.1-296","catch_line":"Jurisdiction of appeals; procedure","url":"\/16.1-296\/","token":"16.1\/11\/11\/16.1-296","metadata":false},{"id":72835,"structure_id":13442,"section_number":"16.1-296.1","catch_line":"Repealed","url":"\/16.1-296.1\/","token":"16.1\/11\/11\/16.1-296.1","metadata":false},{"id":54422,"structure_id":13442,"section_number":"16.1-296.2","catch_line":"Appeals of certain custody and visitation proceedings","url":"\/16.1-296.2\/","token":"16.1\/11\/11\/16.1-296.2","metadata":false},{"id":85924,"structure_id":13442,"section_number":"16.1-297","catch_line":"Final judgment; copy filed with juvenile court; proceeding may be remanded to juvenile court","url":"\/16.1-297\/","token":"16.1\/11\/11\/16.1-297","metadata":false},{"id":54404,"structure_id":13442,"section_number":"16.1-298","catch_line":"Effect of petition for or pendency of appeal; bail","url":"\/16.1-298\/","token":"16.1\/11\/11\/16.1-298","metadata":false}],"next_section":{"id":72835,"structure_id":13442,"section_number":"16.1-296.1","catch_line":"Repealed","url":"\/16.1-296.1\/","token":"16.1\/11\/11\/16.1-296.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-296\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 24 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 555; in 1966, chapter 237; in 1977, chapter 559; in 1978, chapter 445; in 1981, chapter 109; in 1982, chapter 465; in 1983, chapter 88; in 1984, chapter 631; in 1986, chapters 143 and 465; in 1989, chapter 473; in 1991, chapter 534; in 1993, chapter 970; in 1994, chapter 673<\/a>; in 1995, chapter 517<\/a>; in 1996, chapter 866<\/a>; in 1997, chapters 654<\/a>, 664<\/a>, 790<\/a>, and 862<\/a>; in 1998, chapter 550<\/a>; in 2004, chapters 468<\/a>, 659<\/a>, and 727<\/a>; in 2005, chapter 681<\/a>; in 2007, chapter 464<\/a>; in 2009, chapter 729<\/a>; in 2019, chapter 718<\/a>; in 2020, chapter 905<\/a>; in 2023, chapter 788<\/a>.<\/p>","references":[{"id":61839,"section_number":"16.1-278","catch_line":"Cooperation of certain agencies, officials, institutions and associations","order_by":null,"url":"\/16.1-278\/"},{"id":59979,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","order_by":null,"url":"\/16.1-278.2\/"},{"id":54079,"section_number":"16.1-278.3","catch_line":"Relief of care and custody","order_by":null,"url":"\/16.1-278.3\/"},{"id":67111,"section_number":"16.1-289.1","catch_line":"Motions to reconsider orders for participation in continuing programs","order_by":null,"url":"\/16.1-289.1\/"},{"id":77366,"section_number":"16.1-69.48:5","catch_line":"Fees for services of juvenile and domestic relations district court judges and clerks in certain civil cases","order_by":null,"url":"\/16.1-69.48_5\/"},{"id":78582,"section_number":"20-79","catch_line":"Effect of divorce proceedings","order_by":null,"url":"\/20-79\/"}],"refers_to":[{"id":58518,"section_number":"16.1-109","catch_line":"Appellate court may require new or additional security","order_by":null,"url":"\/16.1-109\/"},{"id":73603,"section_number":"16.1-132","catch_line":"Right of appeal","order_by":null,"url":"\/16.1-132\/"},{"id":63822,"section_number":"16.1-137","catch_line":"Procedure on appeal when warrant defective","order_by":null,"url":"\/16.1-137\/"},{"id":69673,"section_number":"16.1-237","catch_line":"Powers, duties and functions of probation and parole officers","order_by":null,"url":"\/16.1-237\/"},{"id":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"},{"id":84576,"section_number":"16.1-273","catch_line":"Court may require investigation of social history and preparation of victim impact statement","order_by":null,"url":"\/16.1-273\/"},{"id":59979,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","order_by":null,"url":"\/16.1-278.2\/"},{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":62456,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","order_by":null,"url":"\/16.1-279.1\/"},{"id":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"},{"id":64090,"section_number":"16.1-302","catch_line":"Dockets, indices, and order books; when hearings and records private; right to public hearing; presence of juvenile in court","order_by":null,"url":"\/16.1-302\/"},{"id":77366,"section_number":"16.1-69.48:5","catch_line":"Fees for services of juvenile and domestic relations district court judges and clerks in certain civil cases","order_by":null,"url":"\/16.1-69.48_5\/"},{"id":68962,"section_number":"20-61","catch_line":"Desertion or nonsupport of wife, husband or children in necessitous circumstances","order_by":null,"url":"\/20-61\/"},{"id":85713,"section_number":"20-88.32","catch_line":"Definitions","order_by":null,"url":"\/20-88.32\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"}],"permalink":{"id":160997,"object_type":"law","relational_id":81859,"identifier":"16.1-296","token":"16.1\/11\/11\/16.1-296","url":"\/16.1-296\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-296\/","token":"16.1\/11\/11\/16.1-296","dublin_core":{"Title":"Jurisdiction of appeals; procedure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-296","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> From any final order<\/span> or judgment<\/span> of the juvenile court<\/span> affecting the rights or interests of any person coming within its jurisdiction<\/span>, an appeal may be taken to the circuit<\/span> court within 10 days from the entry of a final judgment<\/span>, order, or conviction<\/span> and shall be heard de novo<\/span>. In any such case, a copy of the notice of appeal<\/span> shall be served consistent with Rule 1:12 of the Rules of Supreme Court of Virginia by the appealing party<\/span> upon the opposing party<\/span> or each counsel<\/span> of record. The failure of the appealing party<\/span> to properly serve the notice of appeal<\/span> shall not affect the validity of an otherwise proper appeal. However, if the court<\/span> determines that the appealing party<\/span> failed to properly serve a copy of the notice of appeal<\/span> upon an opposing party<\/span>, the court<\/span> may, on its own motion<\/span>, (i) continue any hearing<\/span> on such appeal or (ii) dismiss such appeal absent a showing of good cause by the appealing party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> In a case arising under the Uniform Interstate Family Support Act (§ 20-88.32<\/a> et seq.), a party<\/span> may take an appeal pursuant to this section within 30 days from entry of a final order<\/span> or judgment<\/span>. Protective orders issued pursuant to § 16.1-279.1<\/a> in cases of family abuse<\/span> and orders entered pursuant to § 16.1-278.2<\/a> are final orders<\/span> from which an appeal may be taken. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon receipt of notice of such appeal the juvenile court<\/span> shall forthwith transmit to the attorney for the Commonwealth a report incorporating the results of any investigation conducted pursuant to § 16.1-273<\/a>, which shall be confidential in nature and made available only to the court<\/span> and the attorney for the defendant<\/span> (i) after the guilt or innocence of the accused<\/span> has been determined or (ii) after the court<\/span> has made its findings<\/span> on the issues<\/span> subject to appeal. After final determination of the case, the report and all copies thereof shall be forthwith returned to such juvenile court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Where an appeal is taken by a child on a finding<\/span> that he or she is delinquent and on a disposition<\/span> pursuant to § 16.1-278.8<\/a>, trial<\/span> by jury<\/span> on the issue<\/span> of guilt or innocence of the alleged delinquent act<\/span> may be had on motion<\/span> of the child, the attorney for the Commonwealth or the circuit<\/span> court judge. If the alleged delinquent act<\/span> is one which, if committed by an adult<\/span>, would constitute a felony<\/span>, the child shall be entitled to a jury<\/span> of 12 persons. In all other cases, the jury<\/span> shall consist of seven persons. If the jury<\/span> in such a trial<\/span> finds the child guilty, disposition<\/span> shall be by the judge<\/span> pursuant to the provisions of § 16.1-278.8<\/a> after taking into consideration the report of any investigation made pursuant to § 16.1-237<\/a> or 16.1-273<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C1.<\/span> In any hearing<\/span> held upon an appeal taken by a child on a finding<\/span> that he is delinquent and on a disposition<\/span> pursuant to § 16.1-278.8<\/a>, the provisions of § 16.1-302<\/a> shall apply mutatis mutandis<\/span>, except in the case of trial<\/span> by jury<\/span> which shall be open. If proceedings in the circuit<\/span> court are closed pursuant to this subsection, any records or portions thereof relating to such closed proceedings shall remain confidential. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C2.<\/span> Where an appeal is taken by a juvenile on a finding<\/span> that he is delinquent and on a disposition<\/span> pursuant to § 16.1-278.8<\/a> and the juvenile is in a secure facility<\/span> pending the appeal, the circuit<\/span> court, when practicable, shall hold a hearing<\/span> on the merits of the case within 45 days of the filing of the appeal. Upon receipt of the notice of appeal<\/span> from the juvenile court<\/span>, the circuit<\/span> court shall provide a copy of the order and a copy of the notice of appeal<\/span> to the attorney for the Commonwealth within seven days after receipt of notice of an appeal. The time limitations shall be tolled during any period in which the juvenile has escaped from custody<\/span>. A juvenile held continuously in secure detention shall be released from confinement if there is no hearing<\/span> on the merits of his case within 45 days of the filing of the appeal. The circuit<\/span> court may extend the time limitations for a reasonable period of time based upon good cause shown, provided the basis for such extension is recorded in writing and filed among the papers of the proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When an appeal is taken in a case involving termination of parental rights brought under § 16.1-283<\/a>, the circuit<\/span> court shall hold a hearing<\/span> on the merits of the case within 90 days of the perfecting of the appeal. An appeal of the case to the Court<\/span> of Appeals<\/span> shall take precedence on the docket<\/span> of the Court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Where an appeal is taken by an adult<\/span> on a finding<\/span> of guilty of an offense<\/span> within the jurisdiction<\/span> of the juvenile and domestic relations district court, the appeal shall be dealt with in all respects as is an appeal from a general district court pursuant to §§ 16.1-132<\/a> through 16.1-137<\/a>; however, where an appeal is taken by any person on a charge of nonsupport, the procedure shall be as is provided for appeals<\/span> in prosecutions<\/span> under Chapter 5 (§ 20-61<\/a> et seq.) of Title 20. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In all other cases on appeal, proceedings in the circuit<\/span> court shall be heard without a jury<\/span>; however, hearing<\/span> of an issue<\/span> by an advisory jury<\/span> may be allowed, in the discretion of the judge<\/span>, upon the motion<\/span> of any party<\/span>. An appeal from an order of protection issued pursuant to § 16.1-279.1<\/a> shall be given precedence on the docket<\/span> of the court<\/span> over other civil appeals<\/span> taken to the circuit<\/span> court from the district courts<\/span> and shall be assigned a case number within two business days of receipt of such appeal.\n\t\t\tIf a party<\/span> files an appeal of a district court order<\/span> of protection entered pursuant to § 16.1-279.1<\/a>, such notice of appeal<\/span> shall be on a form prescribed by the Office of the Executive Secretary. The district court clerk shall contact the appellate<\/span> court to determine whether the hearing<\/span> on the appeal shall be set by the appellate<\/span> court on (i) a date scheduled by the district court clerk with the court<\/span>, (ii) on the next docket<\/span> call date, or (iii) a date set for district court appeals<\/span>. Once the hearing<\/span> date is set and the appeal documents have been transmitted, the appellate<\/span> court shall have the parties served with notice of the appeal stating the date and time of the hearing<\/span> in accordance with subdivision 1 of § 8.01-296<\/a>. No such hearing<\/span> on the appeal shall be heard in the appellate<\/span> court unless the appellee<\/span> has been so served with such notice or notice has been waived by the non-moving party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Costs, taxes and fees on appealed cases shall be assessed only in those cases in which a trial<\/span> fee could have been assessed in the juvenile and domestic relations court<\/span> and shall be collected in the circuit<\/span> court, except that the appeal to circuit<\/span> court of any case in which a fee either was or could have been assessed pursuant to § 16.1-69.48:5<\/a> shall also be in accordance with § 16.1-296.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> No appeal bond<\/span> shall be required of a party<\/span> appealing from an order of a juvenile and domestic relations district court except for that portion of any order or judgment<\/span> establishing a support arrearage or suspending payment of support during pendency of an appeal. In cases involving support, no appeal shall be allowed until the party<\/span> applying for the same or someone for him gives bond<\/span>, in an amount and with sufficient surety<\/span> approved by the judge<\/span> or by his clerk if there is one, to abide by such judgment<\/span> as may be rendered on appeal if the appeal is perfected or, if not perfected, then to satisfy the judgment<\/span> of the court<\/span> in which it was rendered. Upon appeal from a conviction<\/span> for failure to support or from a finding<\/span> of civil or criminal contempt<\/span> involving a failure to support, the juvenile and domestic relations district court may require the party<\/span> applying for the appeal or someone for him to give bond<\/span>, with or without surety<\/span>, to insure his appearance<\/span> and may also require bond<\/span> in an amount and with sufficient surety<\/span> to secure the payment of prospective support accruing during the pendency of the appeal. An appeal will not be perfected unless such appeal bond<\/span> as may be required is filed within 30 days from the entry of the final judgment<\/span> or order. However, no appeal bond<\/span> shall be required of the Commonwealth or when an appeal is proper to protect the estate of a decedent, an infant, a convict or an insane person, or the interest of a county, city or town.\n\t\t\tIf bond<\/span> is furnished by or on behalf of any party<\/span> against whom judgment<\/span> has been rendered for money, the bond<\/span> shall be conditioned for the performance and satisfaction of such judgment<\/span> or order as may be entered against the party<\/span> on appeal, and for the payment of all damages<\/span> which may be awarded against him in the appellate<\/span> court. If the appeal is by a party<\/span> against whom there is no recovery, the bond<\/span> shall be conditioned for the payment of any damages<\/span> as may be awarded against him on the appeal. The provisions of § 16.1-109<\/a> shall apply to bonds<\/span> required pursuant to this subsection.\n\t\t\tThis subsection shall not apply to release on bail<\/span> pursuant to other subsections of this section or § 16.1-298<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> In all cases on appeal, the circuit<\/span> court in the disposition<\/span> of such cases shall have all the powers and authority granted by the chapter to the juvenile and domestic relations district court. Unless otherwise specifically provided by this Code, the circuit<\/span> court judge shall have the authority to appoint counsel<\/span> for the parties and compensate such counsel<\/span> in accordance with the provisions of Article 6 (§ 16.1-266<\/a> et seq.) of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> In any case which has been referred or transferred from a circuit<\/span> court to a juvenile court<\/span> and an appeal is taken from an order or judgment<\/span> of the juvenile court<\/span>, the appeal shall be taken to the circuit<\/span> court in the same locality as the juvenile court<\/span> to which the case had been referred or transferred. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nJURISDICTION OF APPEALS; PROCEDURE (\u00a7 16.1-296)\n\nA. From any final order or judgment of the juvenile court affecting the rights\nor interests of any person coming within its jurisdiction, an appeal may be\ntaken to the circuit court within 10 days from the entry of a final judgment,\norder, or conviction and shall be heard de novo. In any such case, a copy of the\nnotice of appeal shall be served consistent with Rule 1:12 of the Rules of\nSupreme Court of Virginia by the appealing party upon the opposing party or each\ncounsel of record. The failure of the appealing party to properly serve the\nnotice of appeal shall not affect the validity of an otherwise proper appeal.\nHowever, if the court determines that the appealing party failed to properly\nserve a copy of the notice of appeal upon an opposing party, the court may, on\nits own motion, (i) continue any hearing on such appeal or (ii) dismiss such\nappeal absent a showing of good cause by the appealing party.\n\nA1. In a case arising under the Uniform Interstate Family Support Act (§\n20-88.32 et seq.), a party may take an appeal pursuant to this section within 30\ndays from entry of a final order or judgment. Protective orders issued pursuant\nto § 16.1-279.1 in cases of family abuse and orders entered pursuant to\n§ 16.1-278.2 are final orders from which an appeal may be taken.\n\nB. Upon receipt of notice of such appeal the juvenile court shall forthwith\ntransmit to the attorney for the Commonwealth a report incorporating the results\nof any investigation conducted pursuant to § 16.1-273, which shall be\nconfidential in nature and made available only to the court and the attorney for\nthe defendant (i) after the guilt or innocence of the accused has been\ndetermined or (ii) after the court has made its findings on the issues subject\nto appeal. After final determination of the case, the report and all copies\nthereof shall be forthwith returned to such juvenile court.\n\nC. Where an appeal is taken by a child on a finding that he or she is delinquent\nand on a disposition pursuant to § 16.1-278.8, trial by jury on the issue\nof guilt or innocence of the alleged delinquent act may be had on motion of the\nchild, the attorney for the Commonwealth or the circuit court judge. If the\nalleged delinquent act is one which, if committed by an adult, would constitute\na felony, the child shall be entitled to a jury of 12 persons. In all other\ncases, the jury shall consist of seven persons. If the jury in such a trial\nfinds the child guilty, disposition shall be by the judge pursuant to the\nprovisions of § 16.1-278.8 after taking into consideration the report of\nany investigation made pursuant to § 16.1-237 or 16.1-273.\n\nC1. In any hearing held upon an appeal taken by a child on a finding that he is\ndelinquent and on a disposition pursuant to § 16.1-278.8, the provisions of\n§ 16.1-302 shall apply mutatis mutandis, except in the case of trial by\njury which shall be open. If proceedings in the circuit court are closed\npursuant to this subsection, any records or portions thereof relating to such\nclosed proceedings shall remain confidential.\n\nC2. Where an appeal is taken by a juvenile on a finding that he is delinquent\nand on a disposition pursuant to § 16.1-278.8 and the juvenile is in a\nsecure facility pending the appeal, the circuit court, when practicable, shall\nhold a hearing on the merits of the case within 45 days of the filing of the\nappeal. Upon receipt of the notice of appeal from the juvenile court, the\ncircuit court shall provide a copy of the order and a copy of the notice of\nappeal to the attorney for the Commonwealth within seven days after receipt of\nnotice of an appeal. The time limitations shall be tolled during any period in\nwhich the juvenile has escaped from custody. A juvenile held continuously in\nsecure detention shall be released from confinement if there is no hearing on\nthe merits of his case within 45 days of the filing of the appeal. The circuit\ncourt may extend the time limitations for a reasonable period of time based upon\ngood cause shown, provided the basis for such extension is recorded in writing\nand filed among the papers of the proceedings.\n\nD. When an appeal is taken in a case involving termination of parental rights\nbrought under § 16.1-283, the circuit court shall hold a hearing on the\nmerits of the case within 90 days of the perfecting of the appeal. An appeal of\nthe case to the Court of Appeals shall take precedence on the docket of the\nCourt.\n\nE. Where an appeal is taken by an adult on a finding of guilty of an offense\nwithin the jurisdiction of the juvenile and domestic relations district court,\nthe appeal shall be dealt with in all respects as is an appeal from a general\ndistrict court pursuant to §§ 16.1-132 through 16.1-137; however,\nwhere an appeal is taken by any person on a charge of nonsupport, the procedure\nshall be as is provided for appeals in prosecutions under Chapter 5 (§\n20-61 et seq.) of Title 20.\n\nF. In all other cases on appeal, proceedings in the circuit court shall be heard\nwithout a jury; however, hearing of an issue by an advisory jury may be allowed,\nin the discretion of the judge, upon the motion of any party. An appeal from an\norder of protection issued pursuant to § 16.1-279.1 shall be given\nprecedence on the docket of the court over other civil appeals taken to the\ncircuit court from the district courts and shall be assigned a case number\nwithin two business days of receipt of such appeal.\n\t\t\tIf a party files an appeal of a district court order of protection entered\npursuant to § 16.1-279.1, such notice of appeal shall be on a form\nprescribed by the Office of the Executive Secretary. The district court clerk\nshall contact the appellate court to determine whether the hearing on the appeal\nshall be set by the appellate court on (i) a date scheduled by the district\ncourt clerk with the court, (ii) on the next docket call date, or (iii) a date\nset for district court appeals. Once the hearing date is set and the appeal\ndocuments have been transmitted, the appellate court shall have the parties\nserved with notice of the appeal stating the date and time of the hearing in\naccordance with subdivision 1 of § 8.01-296. No such hearing on the appeal\nshall be heard in the appellate court unless the appellee has been so served\nwith such notice or notice has been waived by the non-moving party.\n\nG. Costs, taxes and fees on appealed cases shall be assessed only in those cases\nin which a trial fee could have been assessed in the juvenile and domestic\nrelations court and shall be collected in the circuit court, except that the\nappeal to circuit court of any case in which a fee either was or could have been\nassessed pursuant to § 16.1-69.48:5 shall also be in accordance with §\n16.1-296.2.\n\nH. No appeal bond shall be required of a party appealing from an order of a\njuvenile and domestic relations district court except for that portion of any\norder or judgment establishing a support arrearage or suspending payment of\nsupport during pendency of an appeal. In cases involving support, no appeal\nshall be allowed until the party applying for the same or someone for him gives\nbond, in an amount and with sufficient surety approved by the judge or by his\nclerk if there is one, to abide by such judgment as may be rendered on appeal if\nthe appeal is perfected or, if not perfected, then to satisfy the judgment of\nthe court in which it was rendered. Upon appeal from a conviction for failure to\nsupport or from a finding of civil or criminal contempt involving a failure to\nsupport, the juvenile and domestic relations district court may require the\nparty applying for the appeal or someone for him to give bond, with or without\nsurety, to insure his appearance and may also require bond in an amount and with\nsufficient surety to secure the payment of prospective support accruing during\nthe pendency of the appeal. An appeal will not be perfected unless such appeal\nbond as may be required is filed within 30 days from the entry of the final\njudgment or order. However, no appeal bond shall be required of the Commonwealth\nor when an appeal is proper to protect the estate of a decedent, an infant, a\nconvict or an insane person, or the interest of a county, city or town.\n\t\t\tIf bond is furnished by or on behalf of any party against whom judgment has\nbeen rendered for money, the bond shall be conditioned for the performance and\nsatisfaction of such judgment or order as may be entered against the party on\nappeal, and for the payment of all damages which may be awarded against him in\nthe appellate court. If the appeal is by a party against whom there is no\nrecovery, the bond shall be conditioned for the payment of any damages as may be\nawarded against him on the appeal. The provisions of § 16.1-109 shall apply\nto bonds required pursuant to this subsection.\n\t\t\tThis subsection shall not apply to release on bail pursuant to other\nsubsections of this section or § 16.1-298.\n\nI. In all cases on appeal, the circuit court in the disposition of such cases\nshall have all the powers and authority granted by the chapter to the juvenile\nand domestic relations district court. Unless otherwise specifically provided by\nthis Code, the circuit court judge shall have the authority to appoint counsel\nfor the parties and compensate such counsel in accordance with the provisions of\nArticle 6 (§ 16.1-266 et seq.) of this chapter.\n\nJ. In any case which has been referred or transferred from a circuit court to a\njuvenile court and an appeal is taken from an order or judgment of the juvenile\ncourt, the appeal shall be taken to the circuit court in the same locality as\nthe juvenile court to which the case had been referred or transferred.\n\nHISTORY: Code 1950, \u00a7 16.1-214; 1956, c. 555; 1966, c. 237; 1977, c. 559; 1978,\nc. 445; 1981, c. 109; 1982, c. 465; 1983, c. 88; 1984, c. 631; 1986, cc. 143,\n465; 1989, c. 473; 1991, c. 534; 1993, c. 970; 1994, c. 673; 1995, c. 517; 1996,\nc. 866; 1997, cc. 654, 664, 790, 862; 1998, c. 550; 2004, cc. 468, 659, 727;\n2005, c. 681; 2007, c. 464; 2009, c. 729; 2019, c. 718; 2020, c. 905; 2023, c.\n788.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}