§ 16.1-298. Effect of petition for or pendency of appeal; bail.
A. Except as provided herein, a petition for or the pendency of an appeal orwrit of error shall not suspend any judgment, order or decree of the juvenilecourt nor operate to discharge any child concerned or involved in the casefrom the custody of the court or other person, institution or agency to whichthe child has been committed unless so ordered by the judge of the juvenilecourt, the judge of a circuit court or directed in a writ of supersedeas bythe Court of Appeals or the Supreme Court or a judge or justice thereof.
B. The judgment, order or decree of the juvenile court shall be suspendedupon a petition for or the pendency of an appeal or writ of error:
1. In cases of delinquency in which the final order of the juvenile court ispursuant to subdivision 8, 9, 10, 12, 14, or 15 of § 16.1-278.8.
2. In cases involving a child and any local ordinance.
3. In cases involving any person over the age of eighteen years.
Such 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 preliminaryprotective order issued pursuant to § 16.1-253, (ii) an order disposing of amotion to reconsider relating to participation in continuing programspursuant to § 16.1-289.1, (iii) a protective order in cases of family abuseissued pursuant to § 16.1-279.1 or a protective order entered in conjunctionwith a disposition pursuant to § 16.1-278.2, 16.1-278.4, 16.1-278.5,16.1-278.6 or 16.1-278.8, (iv) a protective order issued pursuant to §19.2-152.10, or (v) an order pertaining to the custody, visitation, orplacement of a minor child, unless so ordered by the judge of a circuit courtor directed in a writ of supersedeas by the Court of Appeals or the SupremeCourt.
C. In cases where the order of the juvenile court is suspended pursuant tosubsection 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D. If an appeal to the circuit court is withdrawn in accordance with §16.1-106.1, the judgment, order, or decree rendered by the juvenile courtshall have the same legal effect as if no appeal had been noted, except as tothe disposition of any bond in circuit court or as modified by the circuitcourt 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 If an appeal is withdrawn,any court-appointed counsel or court-appointed guardian ad litem shall,absent further order of the court, be relieved of any further obligationrespecting the matter for which they were appointed.
E. Except as to matters pending on the docket of a circuit court as of July1, 2008, all orders that were entered by a juvenile and domestic relationsdistrict court prior to July 1, 2008, and appealed to a circuit court, wherethe appeal was withdrawn, shall have the same effect as if no appeal had beennoted.
(Code 1950, § 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.)
§ 16.1-298. Effect of petition for or pendency of appeal; bail.
A. Except as provided herein, a petition for or the pendency of an appeal orwrit of error shall not suspend any judgment, order or decree of the juvenilecourt nor operate to discharge any child concerned or involved in the casefrom the custody of the court or other person, institution or agency to whichthe child has been committed unless so ordered by the judge of the juvenilecourt, the judge of a circuit court or directed in a writ of supersedeas bythe Court of Appeals or the Supreme Court or a judge or justice thereof.
B. The judgment, order or decree of the juvenile court shall be suspendedupon a petition for or the pendency of an appeal or writ of error:
1. In cases of delinquency in which the final order of the juvenile court ispursuant to subdivision 8, 9, 10, 12, 14, or 15 of § 16.1-278.8.
2. In cases involving a child and any local ordinance.
3. In cases involving any person over the age of eighteen years.
Such 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 preliminaryprotective order issued pursuant to § 16.1-253, (ii) an order disposing of amotion to reconsider relating to participation in continuing programspursuant to § 16.1-289.1, (iii) a protective order in cases of family abuseissued pursuant to § 16.1-279.1 or a protective order entered in conjunctionwith a disposition pursuant to § 16.1-278.2, 16.1-278.4, 16.1-278.5,16.1-278.6 or 16.1-278.8, (iv) a protective order issued pursuant to §19.2-152.10, or (v) an order pertaining to the custody, visitation, orplacement of a minor child, unless so ordered by the judge of a circuit courtor directed in a writ of supersedeas by the Court of Appeals or the SupremeCourt.
C. In cases where the order of the juvenile court is suspended pursuant tosubsection 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. 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 courtshall have the same legal effect as if no appeal had been noted, except as tothe disposition of any bond in circuit court or as modified by the circuitcourt 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 obligationrespecting the matter for which they were appointed.
E. Except as to matters pending on the docket of a circuit court as of July1, 2008, all orders that were entered by a juvenile and domestic relationsdistrict court prior to July 1, 2008, and appealed to a circuit court, wherethe appeal was withdrawn, shall have the same effect as if no appeal had beennoted.
(Code 1950, § 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.)
§ 16.1-298. Effect of petition for or pendency of appeal; bail.
A. Except as provided herein, a petition for or the pendency of an appeal orwrit of error shall not suspend any judgment, order or decree of the juvenilecourt nor operate to discharge any child concerned or involved in the casefrom the custody of the court or other person, institution or agency to whichthe child has been committed unless so ordered by the judge of the juvenilecourt, the judge of a circuit court or directed in a writ of supersedeas bythe Court of Appeals or the Supreme Court or a judge or justice thereof.
B. The judgment, order or decree of the juvenile court shall be suspendedupon a petition for or the pendency of an appeal or writ of error:
1. In cases of delinquency in which the final order of the juvenile court ispursuant to subdivision 8, 9, 10, 12, 14, or 15 of § 16.1-278.8.
2. In cases involving a child and any local ordinance.
3. In cases involving any person over the age of eighteen years.
Such 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 preliminaryprotective order issued pursuant to § 16.1-253, (ii) an order disposing of amotion to reconsider relating to participation in continuing programspursuant to § 16.1-289.1, (iii) a protective order in cases of family abuseissued pursuant to § 16.1-279.1 or a protective order entered in conjunctionwith a disposition pursuant to § 16.1-278.2, 16.1-278.4, 16.1-278.5,16.1-278.6 or 16.1-278.8, (iv) a protective order issued pursuant to §19.2-152.10, or (v) an order pertaining to the custody, visitation, orplacement of a minor child, unless so ordered by the judge of a circuit courtor directed in a writ of supersedeas by the Court of Appeals or the SupremeCourt.
C. In cases where the order of the juvenile court is suspended pursuant tosubsection 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. 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 courtshall have the same legal effect as if no appeal had been noted, except as tothe disposition of any bond in circuit court or as modified by the circuitcourt 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 obligationrespecting the matter for which they were appointed.
E. Except as to matters pending on the docket of a circuit court as of July1, 2008, all orders that were entered by a juvenile and domestic relationsdistrict court prior to July 1, 2008, and appealed to a circuit court, wherethe appeal was withdrawn, shall have the same effect as if no appeal had beennoted.
(Code 1950, § 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.)
