Emergency custody order and temporary detention order hearings; evidence. (HB1006)

Introduced By

Del. Rob Bell (R-Charlottesville)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Evidence in emergency custody order and temporary detention order hearings. Clarifies that a magistrate may consider any past actions of the person, past mental health treatment of the person, medical records, hearsay evidence, any affidavits submitted, or any other relevant information when deciding whether to issue an emergency custody order or temporary detention order. Read the Bill »


Bill Has Failed


01/08/2008Prefiled and ordered printed; offered 01/09/08 081451432
01/08/2008Referred to Committee on Health, Welfare and Institutions
01/24/2008Tabled in Health, Welfare and Institutions


Alison Hymes writes:

This is lowering the bar for evidence so low that anyone could have anyone committed in this state.

Alison Hymes writes:

Excuse me, I mean anyone could have anyone temporaily detained for up to 48 hours or longer if the time of the TDO is also extended. There need to be some standards for the evidence used to deprive a citizen of their liberty and take them away in handcuffs in front of their neighbors or employer, often leading to eviction or firing and often leading to trauma and fear for the person who is subject to the TDO and sometimes their family or spouse as well.