Virginia Code
Va. Code Ann. § 16.1-136 (2026)
How appeal tried
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Any appeal taken under the provisions of this chapter shall be heard de novo in the appellate court and shall be tried without formal pleadings in writing; and, except in the case of an appeal from any order or judgment of a court not of record forfeiting any recognizance or revoking any suspension of sentence, the accused shall be entitled to trial by a jury in the same manner as if he had been indicted for the offense in the circuit court.
1956, c. 555.
Notes of Decisions
Cited in 92
cases (5 in the last 5 years), 1960–2023 · leading case: Peple v. Peple, 364 S.E.2d 232 (Va. Ct. App. 1988).
Peple v. Peple, 364 S.E.2d 232 (Va. Ct. App. 1988). “1-244(A) has never specifically stated the appropriate procedural standard to be applied in a circuit court *236 hearing following a prior juvenile court order.”
Gilman v. Commonwealth, 628 S.E.2d 54 (Va. Ct. App. 2006). “Accordingly, the circuit court convicted Gilman of contempt and sentenced her to five days in jail. [2] II.”
Grogg v. Commonwealth, 371 S.E.2d 549 (Va. Ct. App. 1988). “” Code § 16.1-136 provides in pertinent part: “Any appeal taken under the provisions of this chapter [Chapter 7] shall be heard de novo in the appellate court .”
Gilman v. Com., 657 S.E.2d 474 (Va. 2008). “Code § 16.1-136, which addresses the de novo nature of appeals taken under Title 16, provides in material part: Any appeal taken under the provisions of this chapter shall be heard de novo in the appellate court and shall be tried without formal pleadings in writing .”
Alexander v. Flowers, 658 S.E.2d 355 (Va. Ct. App. 2008). “Code § 16.1-136. “ ‘A de novo hearing means a trial anew, with the burden of proof remaining upon the party with whom it rested in the juvenile court.”
Walker v. Dep't of Pub. Welfare, 290 S.E.2d 887 (Va. 1982). “1-296, the first sentence of which provides: From any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction, an appeal may be taken in accordance with the provisions of Chapter 7 (§ 16.”
Hur v. Virginia Dep't of Soc. Servs. Ex Rel. Klopp, 409 S.E.2d 454 (Va. Ct. App. 1991). “The juvenile judge ordered Hur to pay support on January 25, 1989, with payments to begin February 1. Hur immediately appealed that order to the circuit court.”
Box v. Talley, 338 S.E.2d 349 (Va. Ct. App. 1986). “1 includes Code § 16.1-136, which provides that appeals taken from the juvenile court “shall be heard de novo in the appellate court.”
Ange v. York/Poquoson Dep't of Soc. Servs., 560 S.E.2d 474 (Va. Ct. App. 2002). “'" A trial de novo in the circuit court "annuls the judgment of the [juvenile court] as completely as if there had been no previous trial .”
Baugh v. Commonwealth, 417 S.E.2d 891 (Va. Ct. App. 1992). “Thus, while the right of an accused in contempt proceedings to traditional face-to-face confrontation yields to more compelling public policy considerations, the integrity of the factfinding process is diminished little and the procedure is constitutionally sound.”
Commonwealth v. Zamani, 507 S.E.2d 608 (Va. 1998). “1-133 speaks of an appeal being “heard,” not “tried,” Code § 16.1-136, entitled “How appeal tried,” states that “[a]ny appeal taken under the provisions of this chapter shall be heard de novo .”
Cox v. Cox, 428 S.E.2d 515 (Va. Ct. App. 1993). “It also does not qualify or limit the word “any.” The plain and unambiguous meaning of the word “any” is “one or more indiscriminately from all those of a kind.”
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