Court Clerk  |  Lawyers  |  Petition, Summons, warrants  |  Juvenile Delinquency & CHINS
Circuit Court  |  Traffic  |  Ad judicatory hearing  |  Expungement  |  Custody & Support

Delinquents
Juveniles accused of traffic violations
Children in need of services
Children in need of supervision
Children who have been subjected to abuse or neglect
Family or household members who have been subjected to abuse
Adults accused of child abuse or neglect, or of offenses against members of their own family (juvenile or adult)
Adults involved in disputes concerning the support, visitation, parentage or custody of a child
Abandonment of children
Foster care and entrustment agreements
Court-ordered rehabilitation services
Court consent for certain medical treatments

In Virginia, a juvenile is any person under 18. A delinquent is a juvenile who has committed an act which would be a crime if committed by an adult. A "child in need of services" is a juvenile whose behavior, conduct or condition presents or results in a serious threat to the juvenile’s well-being and physical safety. A child in need of supervision is a juvenile who is either (1) habitually, and without justification, absent from school, or (2) runs away from home or a residential facility. Child abuse and neglect involves the improper are or violent handling of juveniles.

Juvenile and Domestic Relations District courts differ from other courts in their duty to protect the confidentiality and privacy of juveniles coming before the court, and in their commitment to rehabilitate those who come before the court, in addition to protecting the public and holding juvenile offenders accountable for their actions. The welfare of the juvenile and the family is the highest concern in the court’s proceedings. In other respects, juvenile courts generally have the same requirements and provide the same safeguards as other courts. This court does not, however, conduct jury trials. All cases are heard by a judge.

Court Clerk
Each court has a court clerk’s office which processes all case papers, keeps court records and provides information to the people involved in a case (To the extent permitted by law). Anyone wishing to make a witness appear at a court hearing may request the issuance of a subpoena ( a document used to require a person to come to the court hearing ) at the court clerk’s office. While court personnel are not permitted to offer legal assistance, they can provide general procedural information. Because of confidentiality laws, the clerk’s office can often only provide very limited information about a case and then only to those people involved with the case.

Court Service Unit
Associated with the Juvenile and Domestic Relations District Court is a court service unit, sometimes called the probation department, which serves the court and facilitates the rehabilitation or treatment of those who come before the court. The court service unit’s functions include:
Intake - Reviews all complaints and determines whether there are enough facts to involve the court. If so, the intake officer may either proceed informally to make practical adjustments without filing a petition or may authorize the filing of a petition to bring the matter before the judge. Intake does not handle those criminal charges against adults which are started by obtaining a warrant from a magistrate.
Investigation - Conducts all background studies required by the judge, such as examination of a juvenile’s social and educational background.
Probation - Supervises delinquent juveniles and children in need of services released into home probation and supervises adults released on probation in support and other cases involving the defendant’s relate with family members and individuals to whom he has a support duty.
After-care - Supervises juveniles recently released from state institutional care.
Domestic Care - Supervises juveniles being held in detention or shelter care homes. In some localities, the staff of these facilities are independent of the local court service unit.

The intake officer can further explain the procedures of the Juvenile and Domestic Relations District Court at intake.

Other Agencies
Welfare and social service agencies are in frequent contact with the court in certain types of cases. They perform the initial investigation in abuse and neglect cases. Juveniles may be committed to such agencies when they are removed from the home. Other agencies provide such services as may be ordered by the Judge.

Lawyers

The right to be represented by a lawyer in this court extends to:
Juveniles involved in delinquency cases.
Juveniles in need of services.
Juveniles in need of supervision.
Abused and neglected juveniles
Any juvenile who is the subject of a custody, visitation or support controversy.
Adults before the court on criminal charges.
Adults faced with loss of their parental rights.
All other persons whom the court feels require a lawyer’s services.

The court appoints a guardian ad litem ( a lawyer who protects the juvenile’s best interests) to represented all juveniles alleged to be abandoned, neglected, abused or dependent who are the subject of an entrustment agreement (In which the parents give up their parental rights and transfer care and custody of the juvenile to an agency), a court proceeding to terminate residual parental rights (for all rights and responsibility for the juvenile), or whose parents desire to be relieved of care and custody of the juvenile.
Adults and juveniles who can afford to do so must pay the costs of their own lawyer. Those who cannot afford a lawyer must complete a financial statement showing their indigence (lack of money) in order to receive a court-appointed lawyer. However, a lawyer will be appointed for adults only in criminal cases, abuse and neglect cases, and termination of residual parental rights cases. Parents or guardians of juveniles or other adults receiving a court-appointed lawyer who, upon further investigation, are found able to pay will be charged the costs of the lawyer’s services. Use of a lawyer is not required in all cases; the right to a lawyer may be waived by the accused, except when the interests of the accused juvenile and his parents are in conflict.
In all matters not listed above, a party may hire a lawyer at the part’s own expense, but is not required to do so. Those who wish to hire their own lawyer, but who do not know a lawyer, may obtain the name and hone number of a local lawyer from The Virginia State Bar Referral Service by calling the following toll free number: 1-800-552-7977.
Those who want to hire a lawyer and have not had time to do so should ask for a postponement for that purpose, When appearing before the judge, this matter should be brought up immediately before the hearing starts.
Court personnel are not lawyers and are not permitted or allowed to offer legal advice. Legal questions should be addressed to competent attorneys only.

Petition, Summons, Subpoena and Warrant
A petition is a legal document containing the written statement which brings the case involving juveniles into court. The petition contains facts concerning the case and requests a hearing to determine the truth of these facts and to take whatever action is appropriate and permitted by law.
A summons is a legal document requiring a person to appear in court at the date and time stated on the summons. The petition is delivered with the summons to those people who are requi9red to be in court at the date and time stated on the summons. The petition is delivered with the summons to those people who are required to be in court as parties in the case. No petition is required when a juvenile is arrested and released on a summons written by an arresting officer.
A subpoena is a legal document delivered to witnesses who are required to be in court, telling them when and where they are required to appear.
A warrant is a legal document accusing a person of committing crimes, requiring that the person be arrested, be brought before a magistrate for a pretrial release (bail) hearing, and be required to appear in court to answer the accusations.

When called to court
All persons required to appear before the Juvenile and Domestic Relations District Court should arrive on time, at the time and place stated on the petition, summons, bail form or subpoena. It is important that everyone involved in a case be ready when the case is called into the courtroom. Though the wait may seem long, everyone must remain until the case is called; to do otherwise is a criminal offense. The court does not have child care services; therefore, the only children who should be brought to court are those children involved in the case or whose presence has been requested or required by the court, an attorney or a probation officer.

A juvenile or adult charged with committing a criminal act or traffic infraction has the right to a public trial; this right may, however, be given up. If a juvenile I accused of committing an act which would be a misdemeanor if committed by an adult, the hearing is closed to the public. If a juvenile over 14 is accused of committing an act which would be a felony if committed by an adult, the hearing is open, unless the judge decides to close the hearing.
Court reports and records in juvenile cases are generally open only to those specifically permitted by law to have such access. Court officials or others who violate this confidentiality requirement are subject to criminal penalties. The court records of a juvenile over 14 who has been adjudicated delinquent for an act which would be a felony if committed by an adult are not confidential.

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juvenile may be taken into custody if he/she commits a crime in a police officer’s presence, if the police officer believes that he/she committed a felony, (a crime punishable by death or imprisonment for more than one year) or if a judge, , intake officer, or clerk (when authorized by the judge) issues a detention order requiring an arresting officer to take a juvenile into custody. If not immediately released by an intake officer or magistrate, the juvenile is held in custody (detention) until being brought before a judge or court official for a detention hearing. This hearing usually must occur within 72 hours of the taking of the juvenile into custody.
The detention hearing is not a trail, but merely a hearing to determine whether detention of the juvenile should be continued. If the judge decides that a juvenile is to be released from detention, he also decides who shall have custody and who shall be responsible, for the juvenile until trial. Also, the judge decides whether or not the juvenile is to be restricted or be required to do certain things until the trial. He may also require a bail bond to be posted. The juvenile can be further held in a secure place only if he/she is charged with being a delinquent child. Detention will be continued only if the juvenile is a threat to himself or the community, no parent or other suitable person is able and willing to supervise and take care of the juvenile, or the juvenile’s life or health would be placed In danger if he/she is released. Prior notice of the detention hearing must be given to the juvenile’s parent or guardian, and to the juvenile if he/she is over 12. The juvenile has the right to be represented by a lawyer at the detention hearing, the right to remain silent concerning the accusation of delinquency and to be informed of the contents of the petition.
While the juvenile is in a detention home or shelter placement, parents or guardians wishing to visit may do so only during permitted visiting hours, which are usually restricted. Parents or guardian should find out in advance of a visit the hours when visitation is permitted.

Certification or Transfer to Circuit Court for Trial as an Adult
A case involving a juvenile 14 years or older accused of a felony may be certified or transferred to the Circuit Court where the juvenile may be tried as an adult. A hearing to determine whether to transfer the case cannot occur unless the case cannot occur unless the juvenile’s parents or their attorney are notified of the transfer hearing.

Certification to Circuit Court
The case of a juvenile accused of certain serious felonies will be certified to Circuit Court if the Juvenile and Domestic Relations judge finds probable (reasonable) cause to believe that the juvenile committed the act of which h3e is accused. If a juvenile is accused of certain other serious felonies, the case will be certified to Circuit court if the Commonwealth Attorney asks to have the case certified and if the Juvenile and Domestic Relations judge finds probable (reasonable) cause to believe the juvenile committed the act of which he is accused

Transfer to Circuit Court
If a juvenile is accused of other felonies, or if the Commonwealth Attorney decides not to seek to have the matter certified to Circuit court, the transfer proceeding will begin when the Commonwealth Attorney files papers with the court requesting the transfer. Under these circumstances, only the Juvenile and Domestic Relations judge can decide to transfer the case.
In order to transfer the case to Circuit court, during the transfer hearing the court must determine that the juvenile’s act would have been a felony if committed by and adult and must also consider certain other factors relating to the juvenile’s history and alleged offense. Prior to transferring the case, the Court must also determine that the juvenile is competent to stand trial. The juvenile is presumed competent to stand trial. The juvenile is presumed competent to stand trial. The party challenging that presumption bears the burden of proving the juvenile is incompetent to stand trial.
Statement made by the juvenile during the transfer hearing may not be used as evidence of the offense at a later court hearing but may be used later to challenge the truth of the juvenile’s testimony.
If the court refuses to transfer the case to the Circuit Court, the judge who presided over the transfer hearing may try the case unless a party objects. Within 10 days, the juvenile may appeal a judge’s decision to transfer. The Commonwealth Attorney may also appeal a judge’s decision not to transfer the case if the juvenile has been charged with certain offenses.

Traffic Cases
Cases involving juveniles accused of traffic violations are heard by the Juvenile and Domestic Relations District court. Certain violations called pre-payable traffic infractions may be prepaid at the clerk’s or magistrate’s office if prepayment is permitted by the chief judge and if the juvenile wishes to plead guilty and not contest the charge. The traffic summons should be examined to see if the arresting officer has marked that trial may be waived (given up) to permit payment. If prepayment is permitted, the clerk’s or magistrate’s office should be called to find out the fine and costs and to find out where to mail or deliver the signed Waiver of Trial form (on front of summons) with the fine and costs. The telephone number for the clerk’s office appears on the summons or in the telephone directory under the listing for the city or county government.

Preliminary Hearings for Adults
Adults charged with committing felonies against children or family members are brought into Juvenile and Domestic Relations District court, after arrest, for a preliminary hearing. This hearing is held to determine if there is probable (reasonable) cause to believe that the accused adult committed the felony. If probable cause is found, the case is transferred to Circuit court; otherwise the case is dismissed.

Adjudicatory Hearing (Trial)
The actual trial in juvenile cases is called the adjudicatory hearing. It is at the adjudicatory hearing that the judge determines whether the facts as stated in the petition or warrant are true. The judge may temporarily postpone a case to allow all parties time to obtain a lawyer or for any other reason needed to have a fair trial. Persons accused of crimes or delinquency have the following rights at the adjudicatory hearing:

The right to be represented by a lawyer to the extend provided by law.
The right to have witnesses to appear on their behalf.
The right to subpoena (to require to come to court) witnesses to appear.
The right to confront and cross-examine (question) witnesses testifying against them (accusers).
The right against self-incrimination. (A person cannot be required to answer questions or make statement tending to show guilt and have them used against him or her.)

During the adjudicatory hearing in delinquency cases, all charges must be proven beyond a reasonable doubt before guilt is established. If the judge finds the juvenile to be guilty, the case is usually continued to another day for the judge to make a disposition decision (sentencing). The disposition decision is not always made immediately because the judge may require information about all aspects of the juvenile’s background, including prior offenses and personal history, before determining what corrective measures to take with the juvenile. Dispositions in traffic cases, however, are usually made immediately at the end of the adjudicatory hearing.
Adult criminal cases in the Juvenile and Domestic Relations District Court are tried with the same standards and procedures as are applied I misdemeanor (all criminal offenses except felonies) cases in General District Court, where most other adult misdemeanors are tried. Adult criminal cases generally involve offenses committed against juveniles or family members.

There is no jury trial in this court. A case must be transferred or appealed to Circuit Court to obtain a jury trial.

Disposition
The juvenile judge has a wide range of alternatives to choose from in selecting a disposition in cases involving juveniles. The judge’s choice depends greatly upon the individual’s prior record, social history, physical and mental condition, environmental circumstances at home, the facts and circumstances of the acts or which the individual was convicted, including the seriousness of the offense, and other factors which help the judge determine the best disposition for the juvenile.
If the juvenile is placed on probation under the supervision of a probation counselor, the juvenile and the juvenile’s parents must cooperate with the probation counselor and obey the conditions of probation made by the court at the time of disposition. The juvenile’s parents may also be ordered by the court to participate in counseling programs or to receive other treatment that the court may prescribe. Parents or guardians violating conditions contained in the court order may be subject to contempt of court charges’ probation violations by a juvenile may result in a more severe disposition. A jail term may be imposed only if a juvenile I s14 years old or over, is convicted of committing a felony, and if the interests of the community require such restraint as determined by the judge.

Expungement (Destruction of Court Records)
Records of delinquent juveniles (except for felony and traffic convictions) and CHINS juveniles must be destroyed after the juvenile has reached age 19, or after 5 years have passed since the person’s last Juvenile and Domestic Relations District Court hearing: whichever event occurs later: In the case of traffic cases, the record is destroyed after the year in which the juvenile reaches age 29 unless the juvenile later commits a felony after becoming an adult. The records of a proceeding where a juvenile has committed a felony are not destroyed. If a juvenile is found not guilty of a misdemeanor offense, he or she may ask in writing for early destruction of the records.

The right of expungement shall be further explained at the disposition of hearing to juveniles found to be delinquent or to be in need of services.

Controversies (disputes) over the custody or visitation of a juvenile are usually heard in the Juvenile and Domestic Relations District Court. In cases involving issues of custody or visitation between parents regarding their juvenile, the court will make an order necessary to protect the interests of the juvenile and family.
Where a parent or guardian seeks to be relieved of the custody of any juvenile or where a public or private agency seeks to be given custody of the juvenile, the court shall grant such relief only if suitable placement for the juvenile is available, if the juvenile is in need of such placement and if placement of the juvenile outside his/her present home will not detrimentally affect juvenile. The court will separate a juvenile from his/her parents or guardians only when the juvenile’s welfare is endangered or separation is in the interests of public safety.

Support

Under Virginia law, parents or spouses who fail in their obligations to support and maintain their dependents may be required by the court or the Division of Child Support Enforcement to provide such support. To begin a support case, the person seeking support should contact either the Divisions of Child Enforcement (by calling this toll-free number 1-800-468-8894) or the local court service unit intake officer. An explanation of the options available in seeking support either through the Division of Child Support Enforcement (which may file a petition in court or use other methods) or by personally filing a petition with the intake officer will be explained.
In Juvenile and Domestic Relations District Courts, either a civil support case or a criminal desertion/non-support case may be files. In a civil case, any spouse or parent found by the court to owe a duty to provide support and maintenance may be ordered to make periodic payments in a manner prescribed by the court and may be required a post a performance bond. In criminal cases, any spouse or parent found by the court to have failed in his/her duty to provide support and maintenance is guilty of a misdemeanor, and is subject to a fine of up to $500 and up to 12 months in jail. Persons failing to make support payments may lose their professional or occupational license or their driver’s license. In place of or in addition to paying a fine and/or being sent to jail, a judge may order the spouse or parent to make certain periodic payments in a manner prescribed by the court. The judge may then release the negligent spouse or parent on the condition he/she comply with all conditions of the court’s order.
Any person receiving such an order who continues to fail to provide support in the manner ordered by the court, may be jailed or be required to post a bond. The court may ( and in some cases must) require that support payments be deducted by the employer from the earnings of the spouse or parent who fails to pay support. Persons summoned to court who fail to appear will also be charged with contempt of court and are subject to immediate arrest; the support hearing will continue in their absence.

All parties subject to a court order or judgment may appeal the decision to the Circuit Court. Appeals must be noted with the clerk of the Juvenile and Domestic Relations District Court within 10 days (30 days for support cases tried under the Uniform Interstate Family Support Act) of the court’s action by a party to the case or the party’s attorney. Cases appealed to the Circuit court are reheard de novo (completely new, from the beginning). The juvenile, the Commonwealth’s Attorney, or the Circuit Court judge may request a trial by jury in the Circuit Court. In hearing cases on appeal from the Juvenile and Domestic relations District Court, the Circuit Court has the same power and authority as does the Juvenile and Domestic Relations District Court.
Pending an appeal, judgments of the Juvenile and Domestic Relations District Court are suspended in delinquency, local ordinance or adult cases (except support or preliminary protective orders). Bond may be required when court judgments are suspended by appeals. Appeals of support decisions do not suspend the obligation to provide support.
If you do not understand what is going on, please ask the judge or other court personnel for answers.