Juvenile and Domestic Relations District Courts

JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS

Juvenile and Domestic Relations District Courts are similar to the General District Courts in that they also have limited civil and criminal jurisdiction. As in the General District Court, JDR District Courts can only decide criminal offenses that are classified as misdemeanors. Criminal Misdemeanors are any charges which carry a penalty of no more than 12 months in jail and/or a fine of up to $2,500.00. Juvenile and Domestic Relations District Courts have primary jurisdiction over charges in which parties are married, have children in common, or share some other family relationship. JDR Courts also have primary jurisdiction over cases that involve juveniles, children under the age of 18, including cases in which juveniles are charged with traffic violations. Unlike the General District Courts, however, JDR Courts also hear a variety of other cases. In general, Juvenile and Domestic Relations District Courts are involved in the cases involving the following:

juvenile delinquents
children in need of services (CHINS)
children in need of supervision
children subject to neglect or abuse
family or household members who are victims of abuse (juvenile or adult)
family or household members who are perpetrators of abuse (juvenile or adult)
adults who are accused of child abuse or neglect
adults involved in disputes concerning parentage, support, visitation, or custody of a child
abandonment of children
foster care
emancipation of minor children

There are 108 Juvenile and Domestic Relations District Court judges in Virginia. JDR judges receive approximately 5,320 new cases annually. Similar to General District Court judges, JDR judges are also elected to six year terms by a majority vote of both houses of the General Assembly of Virginia.

As in General District Courts, the victim of a crime does not need to hire an attorney, as almost all cases in JDR (except juvenile traffic infractions) are prosecuted by the Commonwealth's Attorney. As in all courts, all defendants, both adult and juvenile, are presumed innocent until proven guilty and parties charged with crimes have the right to be represented by an attorney. An adult or juvenile who faces charges can retain their own attorney or request that one be appointed by the court. A parent or guardian must appear in court with all juveniles charged with offense. In addition, in cases where juveniles are alleged to be abandoned, neglected, abused or dependant, the court might also appoint a Guardian ad litem, an attorney who protects the juvenile's best interests. Defendants in Juvenile and Domestic Relations Courts also have the right to remain silent, meaning that they cannot be compelled to testify.

Juvenile and Domestic Relations Courts do not have jury trials, nor do JDR judges have the authority to decide felony charges against adults, but will conduct a "probable cause" hearing, in which the court determines if there is enough evidence in the case to send the matter to a Grand Jury. It is the responsibility of the Grand Jury to determine if the felony charge should them be sent to trial in Circuit Court, the highest trial court in Virginia. The first major difference between the criminal justice system and the juvenile justice system appears here: Most juveniles charged with felonies will not go forward to the grand jury, but the matter will be decided by the JDR judge. However, juveniles age 14 or older who are charged with certain serious felonies can be treated as adults if certain procedures are initiated; they then will follow the same process as adults. Once a juvenile has been adjudicated as an adult once, he or she will continue to be adjudicated as an adult on any subsequent charges. Both adults and juveniles have the right to appeal misdemeanor decisions made in Juvenile and Domestic Relations District Courts to the Circuit Court, where they can also ask for a jury trial, if they desire.

The juvenile justice process varies in other ways from the criminal justice process of adult defendants. When crimes are alleged against adults, the officer or citizen appears before a magistrate, who decides whether or not to issue an arrest warrant. For juveniles, it is a Court Service Unit intake officer, not a magistrate, who reviews all complaints against juveniles and makes the decision to take informal action, or formal action, by issuing a petition against the juvenile. As with adults who commit serious offenses, juveniles who commit felonies can be detained in secure detention. The JDR court must then hold a detention hearing within 72 hours of the juvenile being taken into custody. The judge may decide to keep the juvenile in detention until the case is resolved, or may release the juvenile. Before a delinquent juvenile is released, certain conditions must be set, including who will have custody of the juvenile, who shall be responsible for the juvenile, and what actions are expected of the juvenile. Posting of a bond may also be required. The Court Service Unit works closely with the Juvenile and Domestic Relations District Court to determine whether or not a juvenile should be detained, to monitor a juvenile pending adjudication, to conduct background investigations of the juvenile prior to sentencing, to assist in determining appropriate sentencing upon conviction, and to provide probation or after-care services, at the direction of the JDR judge.

There are also times when children may not be accused of crimes but may be in need of supervision or services due to neglect or abuse. The JDR Court judge has the authority to order juveniles into counseling or treatment programs, to commit juveniles to residential programs, or to change custody of the neglected or abuse child. Criminal charges do not have to be pending against the child or a care-giver for the Court to exercise this authority, although this may often be the case.

As one can see, Juvenile and Domestic Relations District Courts differ from other courts in many ways. This is especially evident in their responsibility to protect the confidentiality of juveniles involved in court cases. JDR Courts also place a considerable focus on rehabilitation of offenders, in addition to holding them accountable for their actions and protecting the public. The highest concern for Juvenile and Domestic Relation District Courts is the welfare of the juvenile and the family. This approach often guides the judges' decisions regarding the outcomes of cases. This view also guides the philosophy behind expungement of juvenile records. Records of delinquent juveniles (except for felony and traffic convictions) and CHINS referrals must be destroyed after the juvenile has reached age 19 or five years after the individual's last JDR hearing. In the case of traffic cases, the record is destroyed after the year in which the juvenile reaches age 29 unless the juvenile later commits a felony after becoming an adult. Juvenile felony records are not destroyed.

Juvenile and Domestic Relations Courts also settle disputes regarding custody and support of minor children. Failure to provide court-ordered support can be a serious offense, possibly resulting in arrest, jail time, and fines for the delinquent party. In addition, the court has the authority to impose garnishment of wages, suspension of driver's license, and other sanctions on the guilty party.

For more information on Juvenile and Domestic Relations Courts in Virginia, follow this link: Courts in Brief: District Courts.