A. Except as provided herein, a petition for or the pendency of an appeal or writ of error shall not suspend any judgment, order or decree of the juvenile court nor operate to discharge any child concerned or involved in the case from the custody of the court or other person, institution or agency to which the child has been committed unless so ordered by the judge of the juvenile court, the judge of a circuit court or directed in a writ of supersedeas by the 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 suspended upon 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 is pursuant to subdivision A 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 18 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 preliminary protective order issued pursuant to § 16.1-253, (ii) an order disposing of a motion to reconsider relating to participation in continuing programs pursuant to § 16.1-289.1, (iii) a protective order in cases of family abuse issued pursuant to § 16.1-279.1, including a protective order required by § 16.1-253.2, or a protective order entered in conjunction with a disposition pursuant to § 16.1-278.2, 16.1-278.4, 16.1-278.5, 16.1-278.6, 16.1-278.8, or 16.1-278.14, (iv) a protective order issued pursuant to § 19.2-152.10, including a protective order required by § 18.2-60.4, or (v) an order pertaining to the custody, visitation, or placement of a minor child, unless so ordered by the judge of a circuit court or directed in a writ of supersedeas by the Court of Appeals or the Supreme Court.
C. In cases where the order of the juvenile court is suspended pursuant to subsection 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D. If an appeal to the circuit court is withdrawn in accordance with § 16.1-106.1, the judgment, order, or decree rendered by the juvenile court shall have the same legal effect as if no appeal had been noted, except as to the disposition of any bond in circuit court or as modified by the circuit court 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 If an appeal is withdrawn, any court-appointed counsel or court-appointed guardian ad litem shall, absent further order of the court, be relieved of any further obligation respecting the matter for which they were appointed.
E. Except as to matters pending on the docket of a circuit court as of July 1, 2008, all orders that were entered by a juvenile and domestic relations district court prior to July 1, 2008, and appealed to a circuit court, where the appeal was withdrawn, shall have the same effect as if no appeal had been noted.
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; 2013, cc. 73, 97.
Notes of Decisions
Cited in
24
cases (
2 in the last 5 years), 1982–2023 · leading case:
Sasson v. Shenhar, 667 S.E.2d 555 (Va. 2008).
Sasson v. Shenhar, 667 S.E.2d 555 (Va. 2008).
· cites it 4× “See Code § 16.1-298. Nonetheless, to accept the assertion that because the judgment of the J & DR court remained in effect during the pendency of Shenhar's appeal, Sasson could leave Virginia with Ilan and thereafter refuse to recognize the continuing jurisdiction of Virginia's…”
Martin v. Bales, 371 S.E.2d 823 (Va. Ct. App. 1988).
· cites it 6× “1 On July 1, 1983, husband perfected an appeal from that order to the circuit court, but as required by Code § 16.1-298, he proceeded to make monthly payments as ordered.”
Walker v. Dep't of Pub. Welfare, 290 S.E.2d 887 (Va. 1982).
· cites it 2× “Both Watson and McEntire were custody cases on appeal within the statutory framework of Code § 16.1-298. That section, enacted to provide continuity and stability in cases of children who are the subjects of litigation, provides in part that a petition for, or the pendency of,…”
Tyrus H. Thompson & Ja'Ree C. Thompson v. Fairfax Cnty. Dep't of Fam. Servs., 747 S.E.2d 838 (Va. Ct. App. 2013).
· cites it 2× “While the appeal to circuit court does not automatically suspend the judgment of the J & DR court under Code § 16.1-298, that does not alter the fact that the parties were standing on the threshold of a de novo proceeding when the Tribe moved to transfer the case.”
Sharma v. Sharma, 620 S.E.2d 553 (Va. Ct. App. 2005).
· cites it 2× “No appeal bond is required on a support award unless the award has been suspended under Code § 16.1-298. See Code § 16.1-296(H). 4 .”
Valerie Jill Rhudy Minor v. Timothy M. Barrett (Va. Ct. App. 2016).
· cites it 6× “1-298(D), it is clear that the four withdrawn appeals of the 2012 orders became final upon their withdrawal, and thus became binding on the parties.”
Renzo Torchiani v. Suzanne Senske (Va. Ct. App. 2020).
· cites it 4× “Torchiani argues that the circuit court orders became void upon expiration of the twenty-one-day window after he withdrew his appeal because, under Code § 16.1-298(D), “[i]f an appeal to the circuit court is withdrawn in accordance with § 16.”
James B. Spear, Jr. v. Nawara T. Omary (Va. Ct. App. 2018).
· cites it 3× “This Court then noted that Code § 16.1-298(D) stated that in the event “an appeal to the circuit court is withdrawn in accordance with [the controlling statute], the judgment, order, or decree rendered by the juvenile court shall have the same legal effect as if no appeal had…”
Janay Chanel Cooke v. City of Newport News Dep't of Human Servs. (Va. Ct. App. 2019).
· cites it 3× “She had not, however, resolved her housing situation and proven that she had suitable housing for the 7 Code § 16.1-298(A) states: Except as provided herein, a petition for or the pendency of an appeal or writ of error shall not suspend any judgment, order or decree of the…”
— Va. Code Ann. § 16.1-298(A) — 6 cases
Janay Chanel Cooke v. City of Newport News Dep't of Human Servs. (Va. Ct. App. 2019).
“She had not, however, resolved her housing situation and proven that she had suitable housing for the 7 Code § 16.1-298(A) states: Except as provided herein, a petition for or the pendency of an appeal or writ of error shall not suspend any judgment, order or decree of the…”
— Va. Code Ann. § 16.1-298(B)(i) — 1 case
— Va. Code Ann. § 16.1-298(D) — 4 cases
Renzo Torchiani v. Suzanne Senske (Va. Ct. App. 2020).
“Torchiani argues that the circuit court orders became void upon expiration of the twenty-one-day window after he withdrew his appeal because, under Code § 16.1-298(D), “[i]f an appeal to the circuit court is withdrawn in accordance with § 16.”
James B. Spear, Jr. v. Nawara T. Omary (Va. Ct. App. 2018).
“This Court then noted that Code § 16.1-298(D) stated that in the event “an appeal to the circuit court is withdrawn in accordance with [the controlling statute], the judgment, order, or decree rendered by the juvenile court shall have the same legal effect as if no appeal had…”
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