Virginia Code

Va. Code Ann. § 18.2-458 (2026)

Power of judge of district court to punish for contempt

✓ current as of May 2026
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A judge of a district court shall have the same power and jurisdiction as a judge of a circuit court to punish summarily for contempt, but in no case shall the fine exceed $250, or the imprisonment exceed ten days, for the same contempt.

Code 1950, § 18.1-293; 1960, c. 358; 1975, cc. 14, 15; 1999, c. 626.

Notes of Decisions
Cited in 15 cases, 1992–2015 · leading case: George M. Epps, Sheriff of City of Petersburg, Virginia v. Commonwealth, 626 S.E.2d 912 (Va. Ct. App. 2006).
George M. Epps, Sheriff of City of Petersburg, Virginia v. Commonwealth, 626 S.E.2d 912 (Va. Ct. App. 2006). · cites it 3× “2-459 provides Any person sentenced to pay a fine, or to confinement, under § 18.2-458 [district judge’s contempt authority], may appeal therefrom to the circuit court of the county or city in which the sentence was pronounced, upon entering into recognizance before the…”
Gilman v. Commonwealth, 628 S.E.2d 54 (Va. Ct. App. 2006). · cites it 9× “2-456 and is punished summarily for contempt under Code § 18.2-458 for the following: Misbehavior in the presence of the court, or so near thereto as to obstruct the administration of justice; .”
Baugh v. Commonwealth, 417 S.E.2d 891 (Va. Ct. App. 1992). · cites it 4× “Code § 18.2-458. It is a power "essential and inherent .”
Scialdone v. Commonwealth, 660 S.E.2d 317 (Va. Ct. App. 2008). · cites it 4× “See Code § 18.2-458 (granting district court judges "the same power .”
Reid v. Reid, 429 S.E.2d 208 (Va. 1993). · cites it 2× “The divorce court is given substantial, although not unlimited, discretion to award spousal support and to determine the amount to be paid. Spousal support is based in part on the need of the dependent spouse and since 1982 may be awarded, even where the payor spouse was awarded…”
Epps v. Commonwealth, 616 S.E.2d 67 (Va. Ct. App. 2005). · cites it 2× “2-458 [district judge's contempt authority], may appeal therefrom to the circuit court of the county or city in which the sentence was pronounced, upon entering into recognizance before the sentencing judge, with surety and in penalty deemed sufficient, to appear before such…”
Gilman v. Com., 657 S.E.2d 474 (Va. 2008). “2-459, which provides: Any person sentenced to pay a fine, or to confinement, under § 18.2-458, may appeal therefrom to the circuit court of the county or city in which the sentence was pronounced, upon entering into recognizance before the sentencing judge, with surety and in…”
Rozario v. Commonwealth, 647 S.E.2d 502 (Va. Ct. App. 2007). · cites it 2× “2-459 reads: Any person sentenced to pay a fine, or to confinement, under § 18.2-458, may appeal therefrom to the circuit court of the county or city in which the sentence was pronounced.”
Timothy Shawn Daugherty v. Commonwealth of Virginia (Va. Ct. App. 2011). · cites it 8× “Subsequently, the general district court found appellant guilty of contempt and sentenced him to ten days in jail pursuant to Code § 18.2-458. Appellant noted his appeal to the Circuit Court for Pittsylvania County.”
Veronica L. Graves v. Commonwealth of Virginia (Va. Ct. App. 2014). · cites it 6× “The Circuit Court of the City of Richmond affirmed the general district court’s decision, pursuant to Code §§ 18.2-458 and 18.2-459, to hold Veronica L.”
Tina Gilman, s/k/a Tina M. Gilman v. Commonwealth (Va. Ct. App. 2006). · cites it 5× “2-456 and is punished summarily for contempt under Code § 18.2-458 for the following: Misbehavior in the presence of the court, or so near thereto as to obstruct the administration of justice; .”
Edwards Jones, s/k/a Edward S. Jones v. Commonwealth of Virginia (Va. Ct. App. 2009). · cites it 2× “See Code § 18.2-458 (granting district court judges “the same power .”
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