Questions and Answers on Emergency Custody and Temporary Detention Orders
  • When may a magistrate issue a medical temporary detention order?

    A magistrate may issue a medical temporary detention order if an adult is incapable of making in informed decision to accept necessary medical treatment and he or she has a serious illness or injury that is likely to result in death, disability, or serious irreversible injury, or requires immediate treatment for an emergency medical condition to avoid harm, injury, or death.  However, a may issue a medical temporary detention order only if a court is not available.  Contact the Virginia Beach General District Court at 385-8531 during normal business hours.  Before issuing a medical temporary detention custody order, a magistrate must hear evidence from a treating physician on the applicable standard of medical care and that the person is incapable of giving informed consent.  A medical temporary detention order allows the person to be detained for 24 hours to permit necessary medical treatment.  A magistrate has no authority to issue a medical temporary detention order for a person under the age of 18.

  • What happens after a magistrate issues a temporary detention order?

    A temporary detention order directs a law enforcement officer to take a person into custody and transport him or her to a specified facility for further treatment.  All temporary detention orders for persons located in Virginia Beach are forwarded to the Virginia Beach Police Department for service.  The person will remain in custody until a court holds a civil proceeding to determine if involuntary admission is needed unless the medical facility director determines that further treatment isn’t necessary.  A hearing is normally held within 72 hours.

  • What happens after a magistrate issues an emergency custody order?

    ​An emergency custody order for a person located in Virginia Beach is forwarded to the Virginia Beach Police Department for service.  The order directs a law enforcement officer to take the person into custody and transport him or her to a specified location so that he or she may be evaluated to determine if mental health treatment is needed.   A family member or friend may be authorized to serve as an “alternative transportation provider” under certain circumstances.  An emergency custody order allows 8 hours for an employee or designee of the Virginia Beach Department of Human Services to complete an evaluation and locate a treatment facility if necessary.  

  • When may a magistrate issue a temporary detention order for a person with mental health issues?

    The requirements for issuing a temporary detention order are similar as for issuance of an emergency custody order:  evidence that the person suffers from a mental illness; that, as a result of mental illness, the person will, in the near future, cause serious physical harm to self or others or will suffer serious harm due to a lack of capacity to protect against harm or to provide for basic human needs; that hospitalization or treatment is required, and, for an adult, that he or she is unable or unwilling to consent to treatment.  The Virginia Beach Department of Human Services must complete an evaluation before a magistrate may issue a temporary detention order.  If possible, please contact the Virginia Beach Department of Human Services at (757) 385-0888 to ensure necessary coordination before contacting the Magistrate Office.  

  • When may a magistrate issue an emergency custody order for a person who requires emergency medical treatment?

    A magistrate may issue a medical emergency custody order if an adult has an illness or injury that is likely to result in imminent and irreversible harm and refuses transport to a hospital or other emergency treatment and, as a result of illness or injury, is incapable of giving informed consent to medical treatment.  Before issuing a medical emergency custody order, a magistrate must hear evidence from a licensed physician on the applicable standard of care and that the person is incapable of giving informed consent.  A medical emergency custody order directs law enforcement to transport the person to a designated medical facility for further evaluation.  A magistrate has no authority to issue a medical emergency custody order for a person under the age of 18.  

  • When may a magistrate issue an emergency custody order for a person with mental health issues?

    A magistrate may issue an emergency custody order for an adult or juvenile based on evidence that the person suffers from a mental illness; that, as a result of mental illness, the person will, in the near future, cause serious physical harm to self or others or will suffer serious harm due to a lack of capacity to protect against harm or to provide for basic human needs; that hospitalization or treatment is required, and, for an adult, that he or she is unable or unwilling to consent to treatment.  A written petition is not legally required but is very helpful.  A copy of the petition form is available on the Virginia Judicial System website.  If possible, please contact the Virginia Beach Department of Human Services at (757) 385-0888 before contacting the Magistrate Office.  A law enforcement officer also has independent authority to place a person in custody and transport that person for an evaluation if the officer believes he or she meets the criteria for emergency custody.

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