Appeals from Final Court Decisions

Page updated on Jul 26, 2007 at 11:34 AM

Appeals From Final Court Decisions

Under Virginia Law any person who is directly affected by a final court order or final judgment of the Juvenile Court has the right to appeal the judge's decision to that jurisdiction's Circuit Court for hearing. A party to the case or his/her attorney must provide the Clerk of the Juvenile Court with a written notice of his/her intent to appeal within 10 days of the Juvenile Court judge's decision. Cases appealed to the Circuit Court are heard as though they had not been heard before. This is called a De Novo appeal. The adult, the child, the Commonwealth's Attorney, or the Circuit Court Judge can request a jury trial in certain types of cases heard in the Circuit Court. In hearing these cases on appeal, the Circuit Court Judge has the same power and authority in deciding the case as the Judge did in Juvenile Court.

While a case is on appeal to the Circuit Court, the judgment of the Juvenile Court is suspended in delinquency and adult cases (except support and adult protective orders). Until the appealed case is decided in Circuit Court and returned or remanded to the Juvenile Court, the Juvenile Court is not permitted to hear any motions to change the order. That must be done in Circuit Court. Bond may be required when Juvenile Court judgments are suspended by appeals. Appeals of support decisions do not suspend the obligation of the non-cusotdial parent to continue to pay support. If adjustments are made to a support order, they will be made by the Circuit Court Judge at the time that he hears the case.