Taken In For An Evaluation
Va. Code 37.2-808 — an emergency custody order, for eight hours at most
In Virginia, a magistrate issues an emergency custody order on the sworn petition of a responsible person or treating physician, or on the magistrate's own motion, when there is probable cause to believe a person has a mental illness and a substantial likelihood that, in the near future, they will cause serious physical harm to themselves or others, shown by recent behavior, or suffer serious harm from being unable to protect themselves or meet basic needs. The person also has to need hospitalization or treatment and be unwilling or unable to volunteer for it.
- The person is taken into custody and transported to a convenient location to be evaluated by a community services board designee or a certified evaluator.
- The order names the law enforcement agency to execute it, but the magistrate authorizes an alternative transportation provider, which can include a family member or friend, when one is identified and able to transport safely.
- A law enforcement officer who, from observation or reliable reports, has probable cause to believe a person meets the criteria may take them into custody without an order, and the evaluation is conducted immediately.
- Nothing in the section prevents the officer or transporter from getting emergency medical treatment for the person at any time.
Eight hours, counted from custody or execution. Custody taken by an officer without an order may not exceed eight hours from the time the officer takes the person into custody, and an emergency custody order is valid for no more than eight hours from the time of execution. Custody ends sooner if a temporary detention order is entered, the person is released, or the order expires.
The temporary detention order that may follow, and the commitment hearing after it, are in other sections of the chapter and are not reproduced here. The section as saved carries a note that it expires on a set date. Whether a custody met the statute is a question for a court and for a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 37.2-808 — Emergency custody; issuance and execution of order
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.