2006 Code of Virginia § 16.1-298 - Effect of petition for or pendency of appeal; bail

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, or (iv) a protective order issued pursuant to 19.2-152.10, unless so ordered by the judge of a circuit court or directed ina 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 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.

(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.)