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Hearing Date and Time .................................................................... Commonwealth of Virginia VA. CODE 16.1-340; 16.1-340.1; 19.2-169.6; 19.2-182.9; 37.2-808 through 37.2-819 .................................................................................................................................................................. General District Court Juvenile and Domestic Relations District Court CITY OR COUNTY In re .
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Respondent FAQ
If the judge or special justice finds that the person is capable and willingly accepts voluntary admission for inpatient treatment, the judge or special justice shall require him to accept voluntary admission for a minimum period of treatment not to exceed 72 hours.
Court proceedings usually begin with an Emergency Custody Order (ECO) issued by a magistrate or called in by a police officer. An ECO is usually effective for up to 8 hours. Before the ECO expires, a magistrate must issue a longer-term Temporary Detention Order (TDO), or the respondent is likely to be released.
The Involuntary Commitment Process The recommendations of any physician or psychologist licensed in the state. The individual's personal history. Whether or not they have sought mental health treatment in the past. Second-hand evidence. Available medical records. Any written statement, such as an affidavit.
The Special Judge considers two main criteria for continued involuntary psychiatric commitment in Virginia. To receive an affirmative decision, there must be clear and convincing evidence that: The individual has a mental illness and will cause themselves/others serious harm in the near to immediate future.
A Temporary Detention Order (TDO) is an order issued by a Magistrate that requires an individual to be held in a psychiatric facility for a period of 1 to 5 days until a commitment hearing is held.
An emergency custody order shall be valid for a period not to exceed eight hours from the time of execution.
A magistrate may issue a medical temporary detention order if an adult is incapable of making an informed decision to accept necessary medical treatment and he or she has a serious illness or injury that is likely to result in death, disability, or serious irreversible injury, or requires immediate treatment for an ...
A magistrate may issue a temporary detention order without a prior evaluation pursuant to subsection B if (i) the person has been personally examined within the previous 72 hours by an employee or a designee of the local community services board or (ii) there is a significant physical, psychological, or medical risk to ...
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