Emergency Custody Orders and Temporary Detention Orders in Virginia
You know that moment when your stomach drops? When you find your brother – the one who could always cheer you up – sitting motionless in his car, blankly staring at his phone where he’d typed out a goodbye message but couldn’t hit send. Or when your best friend – who always had your back through every breakup and job loss – calls you slurring their words, empty pill bottles scattered across their kitchen counter, mumbling “I just want the pain to stop” between sobs.
These are the moments when time stops, when ordinary objects become terrifying (a garage door, or orange bottles), and you realize this isn’t just a bad day. This is watching someone you love disappear while their body stays right in front of you. You know something’s seriously wrong, but what are you supposed to do at 2 AM on a Tuesday?
In Virginia, when someone’s in an immediate mental health crisis, an Emergency Custody Order (ECO) allows authorities to intervene quickly. If they still need help after evaluation, a Temporary Detention Order (TDO) provides up to 72 hours of hospital care – not punishment, but critical time for professionals to assess and stabilize the situation.
It’s obvious – watching someone get taken in on an ECO or TDO is terrifying. There’s paperwork, legal stuff, and that awful moment when they handcuff someone in crisis, not criminal. The truth? Nobody plans to need this information until they’re in the middle of this, shaking too hard to dial the phone. But knowing this system exists means you’re not powerless when the person you love feels like they’re drowning.
In this guide, we will discuss:
- Emergency Custody Orders
- Temporary Detention Orders
- Legal rights during TDOs and ECOs
- Finding support at Mission Connection
Emergency Custody Orders
What Is an Emergency Custody Order in VA?
When someone’s in such a mental health crisis that they can’t see they need help in Virginia, an Emergency Custody Order (ECO) comes in.1 An ECO is effectively a way to get someone to safety when their mental health has reached this crisis point. It’s not about punishment at all, but about making sure people get the care they need when they’re too unwell to ask for it themselves. Basically, if you’re watching someone spiral out of control – maybe talking about hurting themselves or completely losing touch with reality – you can get emergency help.
How Does an Emergency Custody Order Work in VA?
The process kicks off at any hour – mental health emergencies don’t watch the clock. Based on the facts given, a quick decision is made. It’s not about diagnosing anything, just asking: “Is this person in immediate danger because of how their mind is working right now?” If the answer is yes, they greenlight the ECO, which is basically permission to get the person to professionals who are trained to help in these situations.
The beauty of this system is how it balances urgency with protection. Nobody wants to see someone held against their will unnecessarily, but when mental health problems distort reality to the point of danger, this process creates a structured way to intervene. It’s not perfect – what human system is? – but it’s saved countless Virginians from harming themselves or others during their darkest moments. The real magic happens when someone gets through a crisis and later thanks the people who stepped in when they couldn’t help themselves.
What Is the ECO Process in Virginia?
The ECO process in Virginia is meant to be straightforward so people in crisis get help without unnecessary delays. It begins when someone – any responsible adult, including a family member, law enforcement, or mental health professional – reaches out to a magistrate, either in person or by phone. They have to explain why they believe the person is a danger to themselves or others due to mental illness. The magistrate, kind of like a judge available 24/7, listens to the evidence and decides if temporary protective custody makes sense. They don’t need medical expertise – they just weigh whether there’s enough reason to believe the person is in immediate crisis.
If the ECO is granted, the order authorizes temporary custody for up to 8 hours (or 4 hours if issued by a law enforcement officer) during which the individual must be transported to a facility for evaluation. The whole system is built on urgency because mental health emergencies can’t wait. From there, mental health professionals take over, working to understand what kind of support the person needs. The whole process moves quickly but carefully, balancing urgent care with personal rights. It’s Virginia’s way of saying “We won’t let you drown when your mind becomes the storm.”
The ECO itself is short-term, but it opens the door to longer-term care if necessary. It’s heartbreaking for families to watch a loved one going through all this, but this process exists to protect them when they can’t protect themselves. That moment of intervention – though scary – often becomes the first step toward stability.
This system isn’t about forcing treatment – it’s about creating a pause button when someone’s thoughts have spiraled beyond reason. Many who’ve been through it later describe the experience not as punishment, but as the moment someone finally saw their pain and refused to look away.
Temporary Detention Orders
What Does TDO Mean in Virginia?
How Does Temporary Custody Work in Virginia?
Before a TDO is approved, there’s often a temporary custody period where law enforcement or mental health professionals transport the person to a safe setting. This happens when someone shows clear signs of danger, like suicidal actions or violent behavior. While an ECO is temporary, a TDO goes through a judicial process to confirm the necessity of intervention.
If granted, the person is transferred to a specialized care center for psychiatric support. They remain there until a hearing determines the next steps. The temporary custody period is brief, usually lasting no more than 48 hours, before a TDO is either issued or the person is released.
What Is the TDO Process in Virginia?
The TDO process follows structured legal and medical procedures to protect everyone’s rights:
First, a qualified evaluator (like a crisis clinician) examines the person and completes paperwork explaining why intervention is needed. Next, a magistrate reviews this documentation and decides whether to issue the TDO. If approved, law enforcement or medical transport takes the person to a psychiatric hospital.
While emergency holds are brief, a TDO provides up to three days for a thorough evaluation. This gives doctors enough time to address urgent concerns and decide whether longer-term care is needed. Before the 72-hour period ends, a special justice holds a hearing to decide next steps.
What Happens After a TDO?
Once the TDO is in effect, the individual receives psychiatric care while awaiting a commitment hearing. Possible outcomes include:
- Release With Follow-Up Care – When healthcare professionals determine the patient has reached a safe baseline, they may be released with a personalized care regimen including counseling and/or pharmaceutical support.
- Court-Ordered Treatment – When ongoing risks are identified, the court may mandate extended care for safety and recovery.
- Voluntary Continuation of Care – Some patients choose to remain in treatment willingly, which can simplify the process.
Family members typically play an active role in developing aftercare plans to help their relative heal. The system strives to balance appropriate treatment with respect for personal freedoms.
Legal Rights During TDOs and ECOs
When someone is placed under an emergency mental health hold, whether through an ECO or TDO, the law provides specific safeguards. These protections exist to balance urgent care needs with personal rights. First and foremost, anyone detained under these orders must be told why they’re being held and what comes next in the process. This explanation should be clear and in plain language.
If the situation moves beyond an initial emergency hold to temporary detention, the individual automatically gets two critical protections: the right to have their case reviewed by a judge and the right to have a lawyer involved in that process. This legal professional can be privately hired or, for those who qualify, court-appointed at no cost. During this review, the person or their representative can share their perspective and any evidence suggesting less restrictive alternatives might work.
Medical rights also come into play. A proper evaluation by a qualified mental health professional must happen before any long-term decisions are made. There are also rules about medication – while emergency treatment might be given to address immediate risks, ongoing medication decisions often involve additional protections unless a court specifically orders otherwise. These layers of oversight exist to prevent unnecessary restrictions while still allowing professionals to provide needed care during crises.
Find Support at Mission Connection
When a mental health crisis hits, Virginia’s ECO and TDO laws provide urgent care – not punishment. An ECO secures immediate evaluation, while a TDO allows 72 hours to stabilize. These safeguards intervene when someone can’t ask for help themselves, balancing emergency action with patient rights. In crisis, these tools become lifelines – turning despair into a chance for recovery.
Good mental health care feels like having someone truly see you. That’s what we strive for at Mission Connection – creating a space where healing happens naturally. Some days you need complete support – our residential program wraps around you like a safety net. Other times, you just need solid ground – that’s where our structured day programs help. And when life won’t pause? Our evening options bend to fit your reality.
Ready to explore options? Start your journey with Mission Connection today by contacting us to find out more.
References
- Code of Virginia. (n.d.). § 37.2-1103. Emergency custody orders for adult persons who are incapable of making an informed decision as a result of physical injury or illness. https://law.lis.virginia.gov/vacode/title37.2/chapter11/section37.2-1103/
- Code of Virginia. (n.d.). § 37.2-809. (Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order. https://law.lis.virginia.gov/vacode/title37.2/chapter8/section37.2-809/
- City of Virginia Beach. (n.d.). Emergency custody & temporary detention orders FAQ’s. https://courts.virginiabeach.gov/virginia-beach-magistrate-office/emergency-custody-temporary-detention-orders-faqs
