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. The ECO process starts when a petition is made to a magistrate. Importantly, civilians must appear in person to request an ECO, since they must sign the petition and swear under oath.
Magistrates do not issue ECOs over the phone for members of the public. However, certain professionals – such as CSB crisis staff or hospital staff – may be able to petition by phone if they can verify their identity, or through a secure video link.
If the magistrate determines that the person is an immediate danger to themselves or others due to mental illness, they may issue an ECO. This order authorizes law enforcement to take the individual into temporary custody. The maximum time limit is 8 hours from the moment law enforcement takes custody (or 4 hours if the ECO is issued by law enforcement directly).
During this window, the individual must be transported to a facility for evaluation by a CSB crisis worker. That evaluation must occur within 8 hours of the ECO being served.
The ECO process is meant to be urgent but fair. It allows quick intervention in life-threatening moments, while requiring sworn testimony and judicial oversight to avoid unnecessary detentions. Though it can sound frightening, it has prevented countless tragedies by giving people a chance to stabilize before making irreversible decisions.
Temporary Detention Orders
What Does TDO Mean in Virginia?
How Does Temporary Custody Work in Virginia?
It’s often assumed that most people entering the TDO process are first transported by law enforcement under an ECO. In reality, many individuals are already in the emergency room – brought in by family, EMS, or on their own – and are either unable to consent to treatment due to capacity issues or are unwilling to be admitted. In these cases, a TDO allows them to be held temporarily in a safe setting, even if they want to leave, until proper evaluation is complete.
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 CBS crisis clinician) examines the person and prepares documentation recommending a TDO. Next, a magistrate or special justice reviews this documentation and decides whether to issue the TDO. If approved, law enforcement or medical transport takes the person to a psychiatric facility for up to 72 hours.
Before the 72-hour period ends, a hearing is held before a special justice to determine the 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.
- Voluntary Continuation of Care – Some patients choose to remain in treatment willingly, which can simplify the process.
- Court-Ordered Treatment – When ongoing risks are identified, the court may mandate extended care for safety and recovery.
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.). § 37.2-808. Emergency custody; issuance and execution of order. https://law.lis.virginia.gov/vacodeupdates/title37.2/section37.2-808/
- 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
