{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-265.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-265.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-265.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-265.01.html"}],"law_id":85173,"edition_id":1,"section_id":85173,"structure_id":13621,"section_number":"19.2-265.01","catch_line":"Victims, certain members of the family and support persons not to be excluded","history":"1993, cc. 447, 452; 1994, cc. 361, 598; 1995, c. 687; 1996, c. 546; 1999, c. 844; 2000, c. 339.","full_text":"During the trial of every criminal case and in all court proceedings attendant to trial, whether before, during or after trial, including any proceedings occurring after an appeal by the defendant or the Commonwealth, at which attendance by the defendant is permitted, whether in a circuit or district court, any victim as defined in \u00a7 19.2-11.01 may remain in the courtroom and shall not be excluded unless the court determines, in its discretion, the presence of the victim would impair the conduct of a fair trial. In any case involving a minor victim, the court may permit an adult chosen by the minor to be present in the courtroom during any proceedings in addition to or in lieu of the minor’s parent or guardian.\n\t\tThe attorney for the Commonwealth shall give prior notice when practicable of such trial and attendant proceedings and changes in the scheduling thereof to any known victim and to any known adult chosen in accordance with this section by a minor victim, at the address or telephone number, or both, provided in writing by such person.","order_by":null,"text":{"0":{"id":305206,"text":"During the trial of every criminal case and in all court proceedings attendant to trial, whether before, during or after trial, including any proceedings occurring after an appeal by the defendant or the Commonwealth, at which attendance by the defendant is permitted, whether in a circuit or district court, any victim as defined in \u00a7 19.2-11.01 may remain in the courtroom and shall not be excluded unless the court determines, in its discretion, the presence of the victim would impair the conduct of a fair trial. In any case involving a minor victim, the court may permit an adult chosen by the minor to be present in the courtroom during any proceedings in addition to or in lieu of the minor’s parent or guardian.\n\t\tThe attorney for the Commonwealth shall give prior notice when practicable of such trial and attendant proceedings and changes in the scheduling thereof to any known victim and to any known adult chosen in accordance with this section by a minor victim, at the address or telephone number, or both, provided in writing by such person.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13621,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12803,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":169157,"object_type":"structure","relational_id":13621,"identifier":"5","token":"19.2\/15\/5","url":"\/19.2\/15\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12803,"edition_id":1,"name":"Trial and Its Incidents","identifier":"15","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168975,"object_type":"structure","relational_id":12803,"identifier":"15","token":"19.2\/15","url":"\/19.2\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56724,"structure_id":13621,"section_number":"19.2-265","catch_line":"Opening statement of counsel","url":"\/19.2-265\/","token":"19.2\/15\/5\/19.2-265","metadata":false},{"id":85173,"structure_id":13621,"section_number":"19.2-265.01","catch_line":"Victims, certain members of the family and support persons not to be excluded","url":"\/19.2-265.01\/","token":"19.2\/15\/5\/19.2-265.01","metadata":false},{"id":54588,"structure_id":13621,"section_number":"19.2-265.1","catch_line":"Exclusion of witnesses (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (c) of Supreme Court Rule 2:615 derived from this section)","url":"\/19.2-265.1\/","token":"19.2\/15\/5\/19.2-265.1","metadata":false},{"id":62995,"structure_id":13621,"section_number":"19.2-265.2","catch_line":"Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section)","url":"\/19.2-265.2\/","token":"19.2\/15\/5\/19.2-265.2","metadata":false},{"id":78352,"structure_id":13621,"section_number":"19.2-265.3","catch_line":"Nolle prosequi; discretion of court upon good cause shown","url":"\/19.2-265.3\/","token":"19.2\/15\/5\/19.2-265.3","metadata":false},{"id":79731,"structure_id":13621,"section_number":"19.2-265.4","catch_line":"Failure to provide discovery","url":"\/19.2-265.4\/","token":"19.2\/15\/5\/19.2-265.4","metadata":false},{"id":54730,"structure_id":13621,"section_number":"19.2-265.5","catch_line":"Prosecuting misdemeanor cases without attorney","url":"\/19.2-265.5\/","token":"19.2\/15\/5\/19.2-265.5","metadata":false},{"id":66348,"structure_id":13621,"section_number":"19.2-265.6","catch_line":"Dismissal of criminal charges on Commonwealth's motion; effect of dismissal of criminal charges","url":"\/19.2-265.6\/","token":"19.2\/15\/5\/19.2-265.6","metadata":false},{"id":73702,"structure_id":13621,"section_number":"19.2-266","catch_line":"Exclusion of persons from trial; photographs and broadcasting permitted under designated guidelines; exceptions","url":"\/19.2-266\/","token":"19.2\/15\/5\/19.2-266","metadata":false},{"id":79118,"structure_id":13621,"section_number":"19.2-266.1","catch_line":"Conviction of lesser offense on indictment for homicide","url":"\/19.2-266.1\/","token":"19.2\/15\/5\/19.2-266.1","metadata":false},{"id":86223,"structure_id":13621,"section_number":"19.2-266.2","catch_line":"Defense objections to be raised before trial; hearing; bill of particulars","url":"\/19.2-266.2\/","token":"19.2\/15\/5\/19.2-266.2","metadata":false},{"id":70813,"structure_id":13621,"section_number":"19.2-266.3","catch_line":"Continuances; appearances of parties","url":"\/19.2-266.3\/","token":"19.2\/15\/5\/19.2-266.3","metadata":false},{"id":60932,"structure_id":13621,"section_number":"19.2-266.4","catch_line":"Expert assistance for indigent defendants","url":"\/19.2-266.4\/","token":"19.2\/15\/5\/19.2-266.4","metadata":false}],"previous_section":{"id":56724,"structure_id":13621,"section_number":"19.2-265","catch_line":"Opening statement of counsel","url":"\/19.2-265\/","token":"19.2\/15\/5\/19.2-265","metadata":false},"next_section":{"id":54588,"structure_id":13621,"section_number":"19.2-265.1","catch_line":"Exclusion of witnesses (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (c) of Supreme Court Rule 2:615 derived from this section)","url":"\/19.2-265.1\/","token":"19.2\/15\/5\/19.2-265.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-265.01\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapters 447 and 452 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1994, chapters 361<\/a> and 598<\/a>; in 1995, chapter 687<\/a>; in 1996, chapter 546<\/a>; in 1999, chapter 844<\/a>; in 2000, chapter 339<\/a>.<\/p>","references":[{"id":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"},{"id":54588,"section_number":"19.2-265.1","catch_line":"Exclusion of witnesses (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (c) of Supreme Court Rule 2:615 derived from this section)","order_by":null,"url":"\/19.2-265.1\/"}],"refers_to":[{"id":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"}],"permalink":{"id":169163,"object_type":"law","relational_id":85173,"identifier":"19.2-265.01","token":"19.2\/15\/5\/19.2-265.01","url":"\/19.2-265.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-265.01\/","token":"19.2\/15\/5\/19.2-265.01","dublin_core":{"Title":"Victims, certain members of the family and support persons not to be excluded","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-265.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

During the trial<\/span> of every criminal case and in all court<\/span> proceedings attendant to trial<\/span>, whether before, during or after trial<\/span>, including any proceedings occurring after an appeal<\/span> by the defendant<\/span> or the Commonwealth, at which attendance by the defendant<\/span> is permitted, whether in a circuit<\/span> or district court<\/span>, any victim as defined in \u00a7 19.2-11.01<\/a> may remain in the courtroom and shall not be excluded unless the court<\/span> determines, in its discretion, the presence of the victim would impair the conduct of a fair trial<\/span>. In any case involving a minor<\/span> victim, the court<\/span> may permit an adult chosen by the minor<\/span> to be present in the courtroom during any proceedings in addition to or in lieu of the minor<\/span>’s parent or guardian.\n\t\tThe attorney for the Commonwealth shall give prior notice when practicable of such trial<\/span> and attendant proceedings and changes in the scheduling thereof to any known victim and to any known adult chosen in accordance with this section by a minor<\/span> victim, at the address or telephone number, or both, provided in writing by such person.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVICTIMS, CERTAIN MEMBERS OF THE FAMILY AND SUPPORT PERSONS NOT TO BE EXCLUDED\n(\u00a7 19.2-265.01)\n\nDuring the trial of every criminal case and in all court proceedings attendant\nto trial, whether before, during or after trial, including any proceedings\noccurring after an appeal by the defendant or the Commonwealth, at which\nattendance by the defendant is permitted, whether in a circuit or district\ncourt, any victim as defined in \u00a7 19.2-11.01 may remain in the courtroom and\nshall not be excluded unless the court determines, in its discretion, the\npresence of the victim would impair the conduct of a fair trial. In any case\ninvolving a minor victim, the court may permit an adult chosen by the minor to\nbe present in the courtroom during any proceedings in addition to or in lieu of\nthe minor’s parent or guardian.\n\t\tThe attorney for the Commonwealth shall give prior notice when practicable of\nsuch trial and attendant proceedings and changes in the scheduling thereof to\nany known victim and to any known adult chosen in accordance with this section\nby a minor victim, at the address or telephone number, or both, provided in\nwriting by such person.\n\nHISTORY: 1993, cc. 447, 452; 1994, cc. 361, 598; 1995, c. 687; 1996, c. 546;\n1999, c. 844; 2000, c. 339.","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}}