{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-298.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-298.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-298.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-298.html"}],"law_id":54404,"edition_id":1,"section_id":54404,"structure_id":13442,"section_number":"16.1-298","catch_line":"Effect of petition for or pendency of appeal; bail","history":"Code 1950, \u00a7 16.1-216; 1956, c. 555; 1966, c. 224; 1977, c. 559; 1984, cc. 631, 703; 1988, c. 771; 1991, c. 534; 1996, c. 866; 1997, c. 831; 1998, c. 550; 2008, c. 706; 2013, cc. 73, 97.","full_text":"A\n\nExcept as provided herein, a petition for or the pendency of an appeal or writ of error shall not suspend any judgment, order or decree of the juvenile court nor operate to discharge any child concerned or involved in the case from the custody of the court or other person, institution or agency to which the child has been committed unless so ordered by the judge of the juvenile court, the judge of a circuit court or directed in a writ of supersedeas by the Court of Appeals or the Supreme Court or a judge or justice thereof.B\n\nThe judgment, order or decree of the juvenile court shall be suspended upon a petition for or the pendency of an appeal or writ of error:1\n\nIn cases of delinquency in which the final order of the juvenile court is pursuant to subdivision A 8, 9, 10, 12, 14, or 15 of § 16.1-278.8.2\n\nIn cases involving a child and any local ordinance.3\n\nIn cases involving any person over the age of 18 years.\n\t\t\t\tSuch suspension as is provided for in this subsection shall not apply to (i) an order for support of a spouse, parent or child or to a preliminary protective order issued pursuant to § 16.1-253, (ii) an order disposing of a motion to reconsider relating to participation in continuing programs pursuant to § 16.1-289.1, (iii) a protective order in cases of family abuse issued pursuant to § 16.1-279.1, including a protective order required by § 16.1-253.2, or a protective order entered in conjunction with a disposition pursuant to § 16.1-278.2, 16.1-278.4, 16.1-278.5, 16.1-278.6, 16.1-278.8, or 16.1-278.14, (iv) a protective order issued pursuant to § 19.2-152.10, including a protective order required by § 18.2-60.4, or (v) an order pertaining to the custody, visitation, or placement of a minor child, unless so ordered by the judge of a circuit court or directed in a writ of supersedeas by the Court of Appeals or the Supreme Court.C\n\nIn cases where the order of the juvenile court is suspended pursuant to subsection B hereof or by order of the juvenile court or the circuit court, bail may be required as provided for in § 16.1-135.D\n\nIf an appeal to the circuit court is withdrawn in accordance with § 16.1-106.1, the judgment, order, or decree rendered by the juvenile court shall have the same legal effect as if no appeal had been noted, except as to the disposition of any bond in circuit court or as modified by the circuit court pursuant to subsection F of § 16.1-106.1. If an appeal is withdrawn, any court-appointed counsel or court-appointed guardian ad litem shall, absent further order of the court, be relieved of any further obligation respecting the matter for which they were appointed.E\n\nExcept as to matters pending on the docket of a circuit court as of July 1, 2008, all orders that were entered by a juvenile and domestic relations district court prior to July 1, 2008, and appealed to a circuit court, where the appeal was withdrawn, shall have the same effect as if no appeal had been noted.","order_by":null,"text":{"0":{"id":199709,"text":"Except as provided herein, a petition for or the pendency of an appeal or writ of error shall not suspend any judgment, order or decree of the juvenile court nor operate to discharge any child concerned or involved in the case from the custody of the court or other person, institution or agency to which the child has been committed unless so ordered by the judge of the juvenile court, the judge of a circuit court or directed in a writ of supersedeas by the Court of Appeals or the Supreme Court or a judge or justice thereof.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199710,"text":"The judgment, order or decree of the juvenile court shall be suspended upon a petition for or the pendency of an appeal or writ of error:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":199711,"text":"In cases of delinquency in which the final order of the juvenile court is pursuant to subdivision A 8, 9, 10, 12, 14, or 15 of § 16.1-278.8.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":199712,"text":"In cases involving a child and any local ordinance.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":199713,"text":"In cases involving any person over the age of 18 years.\n\t\t\t\tSuch suspension as is provided for in this subsection shall not apply to (i) an order for support of a spouse, parent or child or to a preliminary protective order issued pursuant to § 16.1-253, (ii) an order disposing of a motion to reconsider relating to participation in continuing programs pursuant to § 16.1-289.1, (iii) a protective order in cases of family abuse issued pursuant to § 16.1-279.1, including a protective order required by § 16.1-253.2, or a protective order entered in conjunction with a disposition pursuant to § 16.1-278.2, 16.1-278.4, 16.1-278.5, 16.1-278.6, 16.1-278.8, or 16.1-278.14, (iv) a protective order issued pursuant to § 19.2-152.10, including a protective order required by § 18.2-60.4, or (v) an order pertaining to the custody, visitation, or placement of a minor child, unless so ordered by the judge of a circuit court or directed in a writ of supersedeas by the Court of Appeals or the Supreme Court.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":199714,"text":"In cases where the order of the juvenile court is suspended pursuant to subsection B hereof or by order of the juvenile court or the circuit court, bail may be required as provided for in § 16.1-135.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":199715,"text":"If an appeal to the circuit court is withdrawn in accordance with § 16.1-106.1, the judgment, order, or decree rendered by the juvenile court shall have the same legal effect as if no appeal had been noted, except as to the disposition of any bond in circuit court or as modified by the circuit court pursuant to subsection F of § 16.1-106.1. If an appeal is withdrawn, any court-appointed counsel or court-appointed guardian ad litem shall, absent further order of the court, be relieved of any further obligation respecting the matter for which they were appointed.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":199716,"text":"Except as to matters pending on the docket of a circuit court as of July 1, 2008, all orders that were entered by a juvenile and domestic relations district court prior to July 1, 2008, and appealed to a circuit court, where the appeal was withdrawn, shall have the same effect as if no appeal had been noted.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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}],"previous_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-298\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 224; in 1977, chapter 559; in 1984, chapters 631 and 703; in 1988, chapter 771; in 1991, chapter 534; in 1996, chapter 866<\/a>; in 1997, chapter 831<\/a>; in 1998, chapter 550<\/a>; in 2008, chapter 706<\/a>; in 2013, chapters 73<\/a> and 97<\/a>.<\/p>","references":false,"refers_to":[{"id":77862,"section_number":"16.1-106.1","catch_line":"Withdrawal of appeal in civil cases","order_by":null,"url":"\/16.1-106.1\/"},{"id":62537,"section_number":"16.1-253","catch_line":"Preliminary protective order","order_by":null,"url":"\/16.1-253\/"},{"id":82642,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","order_by":null,"url":"\/16.1-253.2\/"},{"id":75260,"section_number":"16.1-278.14","catch_line":"Criminal jurisdiction; protective orders; family offenses","order_by":null,"url":"\/16.1-278.14\/"},{"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":86609,"section_number":"16.1-278.4","catch_line":"Children in need of services","order_by":null,"url":"\/16.1-278.4\/"},{"id":62708,"section_number":"16.1-278.5","catch_line":"Children in need of supervision","order_by":null,"url":"\/16.1-278.5\/"},{"id":74489,"section_number":"16.1-278.6","catch_line":"Status offenders","order_by":null,"url":"\/16.1-278.6\/"},{"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":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":86834,"section_number":"18.2-60.4","catch_line":"Violation of protective orders; penalty","order_by":null,"url":"\/18.2-60.4\/"},{"id":83461,"section_number":"19.2-152.10","catch_line":"Protective order","order_by":null,"url":"\/19.2-152.10\/"}],"permalink":{"id":161013,"object_type":"law","relational_id":54404,"identifier":"16.1-298","token":"16.1\/11\/11\/16.1-298","url":"\/16.1-298\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-298\/","token":"16.1\/11\/11\/16.1-298","dublin_core":{"Title":"Effect of petition for or pendency of appeal; bail","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-298","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided herein, a petition<\/span> for or the pendency of an appeal<\/span> or writ<\/span> of error shall not suspend any judgment<\/span>, order<\/span> or decree<\/span> of the juvenile court<\/span> nor operate to discharge any child concerned or involved in the case from the custody<\/span> of the court<\/span> or other person, institution or agency to which the child has been committed unless so ordered by the judge<\/span> of the juvenile court<\/span>, the judge<\/span> of a circuit<\/span> court or directed in a writ<\/span> of supersedeas by the Court<\/span> of Appeals<\/span> or the Supreme Court or a judge or justice thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The judgment<\/span>, order<\/span> or decree<\/span> of the juvenile court<\/span> shall be suspended upon a petition<\/span> for or the pendency of an appeal<\/span> or writ<\/span> of error: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In cases of delinquency in which the final order<\/span> of the juvenile court<\/span> is pursuant to subdivision A 8, 9, 10, 12, 14, or 15 of § 16.1-278.8<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In cases involving a child and any local ordinance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In cases involving any person over the age of 18 years.\n\t\t\t\tSuch suspension as is provided for in this subsection shall not apply to (i) an order for support of a spouse, parent or child or to a preliminary protective order issued pursuant to § 16.1-253<\/a>, (ii) an order disposing of a motion<\/span> to reconsider relating to participation in continuing programs pursuant to § 16.1-289.1<\/a>, (iii) a protective order in cases of family abuse<\/span> issued pursuant to § 16.1-279.1<\/a>, including a protective order required by § 16.1-253.2<\/a>, or a protective order entered in conjunction with a disposition<\/span> pursuant to § 16.1-278.2<\/a>, 16.1-278.4<\/a>, 16.1-278.5<\/a>, 16.1-278.6<\/a>, 16.1-278.8<\/a>, or 16.1-278.14<\/a>, (iv) a protective order issued pursuant to § 19.2-152.10<\/a>, including a protective order required by § 18.2-60.4<\/a>, or (v) an order pertaining to the custody<\/span>, visitation, or placement of a minor<\/span> child, unless so ordered by the judge<\/span> of a circuit<\/span> court or directed in a writ<\/span> of supersedeas by the Court<\/span> of Appeals<\/span> or the Supreme Court. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In cases where the order of the juvenile court<\/span> is suspended pursuant to subsection B hereof or by order of the juvenile court<\/span> or the circuit<\/span> court, bail<\/span> may be required as provided for in § 16.1-135<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If an appeal<\/span> to the circuit<\/span> court is withdrawn in accordance with § 16.1-106.1<\/a>, the judgment<\/span>, order, or decree<\/span> rendered by the juvenile court<\/span> shall have the same legal effect as if no appeal<\/span> had been noted, except as to the disposition<\/span> of any bond<\/span> in circuit<\/span> court or as modified by the circuit<\/span> court pursuant to subsection F of § 16.1-106.1<\/a>. If an appeal<\/span> is withdrawn, any court-appointed counsel<\/span> or court-appointed guardian ad litem<\/span> shall, absent further order of the court<\/span>, be relieved of any further obligation respecting the matter for which they were appointed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Except as to matters pending on the docket<\/span> of a circuit<\/span> court as of July 1, 2008, all orders<\/span> that were entered by a juvenile and domestic relations district court prior to July 1, 2008, and appealed to a circuit<\/span> court, where the appeal<\/span> was withdrawn, shall have the same effect as if no appeal<\/span> had been noted. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF PETITION FOR OR PENDENCY OF APPEAL; BAIL (\u00a7 16.1-298)\n\nA. Except as provided herein, a petition for or the pendency of an appeal or\nwrit of error shall not suspend any judgment, order or decree of the juvenile\ncourt nor operate to discharge any child concerned or involved in the case from\nthe custody of the court or other person, institution or agency to which the\nchild has been committed unless so ordered by the judge of the juvenile court,\nthe judge of a circuit court or directed in a writ of supersedeas by the Court\nof Appeals or the Supreme Court or a judge or justice thereof.\n\nB. The judgment, order or decree of the juvenile court shall be suspended upon a\npetition for or the pendency of an appeal or writ of error:\n\n 1. In cases of delinquency in which the final order of the juvenile court is\n pursuant to subdivision A 8, 9, 10, 12, 14, or 15 of § 16.1-278.8.\n\n 2. In cases involving a child and any local ordinance.\n\n 3. In cases involving any person over the age of 18 years.\n \t\t\t\tSuch suspension as is provided for in this subsection shall not apply to\n (i) an order for support of a spouse, parent or child or to a preliminary\n protective order issued pursuant to § 16.1-253, (ii) an order disposing\n of a motion to reconsider relating to participation in continuing programs\n pursuant to § 16.1-289.1, (iii) a protective order in cases of family\n abuse issued pursuant to § 16.1-279.1, including a protective order\n required by § 16.1-253.2, or a protective order entered in conjunction\n with a disposition pursuant to § 16.1-278.2, 16.1-278.4, 16.1-278.5,\n 16.1-278.6, 16.1-278.8, or 16.1-278.14, (iv) a protective order issued\n pursuant to § 19.2-152.10, including a protective order required by\n § 18.2-60.4, or (v) an order pertaining to the custody, visitation, or\n placement of a minor child, unless so ordered by the judge of a circuit court\n or directed in a writ of supersedeas by the Court of Appeals or the Supreme\n Court.\n\nC. In cases where the order of the juvenile court is suspended pursuant to\nsubsection B hereof or by order of the juvenile court or the circuit court, bail\nmay be required as provided for in § 16.1-135.\n\nD. If an appeal to the circuit court is withdrawn in accordance with §\n16.1-106.1, the judgment, order, or decree rendered by the juvenile court shall\nhave the same legal effect as if no appeal had been noted, except as to the\ndisposition of any bond in circuit court or as modified by the circuit court\npursuant to subsection F of § 16.1-106.1. If an appeal is withdrawn, any\ncourt-appointed counsel or court-appointed guardian ad litem shall, absent\nfurther order of the court, be relieved of any further obligation respecting the\nmatter for which they were appointed.\n\nE. Except as to matters pending on the docket of a circuit court as of July 1,\n2008, all orders that were entered by a juvenile and domestic relations district\ncourt prior to July 1, 2008, and appealed to a circuit court, where the appeal\nwas withdrawn, shall have the same effect as if no appeal had been noted.\n\nHISTORY: Code 1950, \u00a7 16.1-216; 1956, c. 555; 1966, c. 224; 1977, c. 559; 1984,\ncc. 631, 703; 1988, c. 771; 1991, c. 534; 1996, c. 866; 1997, c. 831; 1998, c.\n550; 2008, c. 706; 2013, cc. 73, 97.","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}}