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.
No one is ever prepared for such moments. A range of emotions can overwhelm you – fear, anxiety, unsecurity. But time is essential and decision-making must be quick. You understand that the situation is alarming, but what can you do in the middle of the night on a random Tuesday?
Situations where someone is in danger to themselves or others are considered emergencies. In Virginia, when someone is in a mental health crisis, an Emergency Custody Order (ECO) provides quick intervention. If further support is needed, a Temporary Detention Order (TDO) allows hospital care for up to 72 hours.
Watching someone you love 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 your person is drowning. In this guide, we will discuss:
- Emergency Custody Orders
- Temporary Detention Orders
- Legal rights During TDOs and ECOs
- Find support at Mission Connection
Emergency Custody Orders
What Is an Emergency Custody Order in VA?
This is effectively a way to manage a crisis situation and to help the person experiencing it feel safe. During an emergency, the person in crisis is often not able to take care of themselves or think clearly or ask for help. An Emergency Custody Order in Virginia takes care of them until the danger has passed.1 So, if you’re watching your loved one talking about hurting themselves or completely losing touch with reality, you can get emergency help.Â
How Does an Emergency Custody Order Work in VA?
This process takes place at any time of the day or night. Based on the facts given, a quick decision is made whether the person in crisis is at risk because of the way their mind is working at that moment. The goal is not making a diagnosis or punishment, but simply offering effective intervention in time. If the situation is considered an emergency, they greenlight the ECO, which is basically permission to get the person to professionals who can actually help.Â
What’s important is balancing urgent intervention with protection and respect. No one wants to see someone held against their will, but when the risk to themselves or others outweighs that of detaining them, intervention must be done. This process has saved hundreds of lives in Virginia during their most difficult moments. It´s fulfilling when someone gets through the crisis and later thanks the ones who stepped in when they couldn’t help themselves.
What Is the ECO Process in Virginia?
The ECO process in Virginia is a quick process that intervenes in emergencies. It all starts with a phone call or physical meeting, which a person responsible for the person in crisis, whether a relative, a doctor, or a police officer, makes with a magistrate. During this step, they must explain what´s happening and why it is considered an emergency, so that the magistrate can determine if temporary protective custody makes sense.
If the ECO is granted, it allows temporary custody for up to 8 hours (or 4 hours if issued by law enforcement). During this time, the person in crisis must be taken to a mental health facility for evaluation. The goal is to understand what kind of support they need, so they can overcome this situation. It´s a quick but delicate process, always keeping in mind personal rights.
After the ECO, if further support is needed, long-term care can be offered. It’s difficult for family members to see their loved one go through all this. However, such support aims to help both of you during this process. It´s focused on protecting your loved one’s health and rights, not punishing them. When everything is over and back to normal, many people feel grateful that they received this kind of support.
Temporary Detention Orders
What Does TDO Mean in Virginia?
TDO in Virginia enables emergency intervention. Unlike an ECO, which is a shorter hold for initial assessment, the TDO requires a magistrate or special justice to rule that someone poses a serious risk because of a mental health crisis.3 After that, a judge may approve a short-term psychiatric evaluation.3
This type of emergency hold allows for a short hospital stay – usually 72 hours or less – where clinicians conduct a thorough evaluation. During this window, they assess symptoms, stabilize immediate risks, and map out next steps for treatment. The focus is prioritizing urgent care to ensure safety during mental health crises, while balancing intervention with compassion.
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 process kicks in when someone poses an immediate risk, like suicidal actions or threats of harm. An ECO is the first step that acts as a stopgap, while a TDO requires court approval to confirm the need for longer intervention.
If approved, they’re moved to a designated facility for urgent psychiatric care. They’ll stay there until a judge reviews their case, with the entire hold capped at 48 hours. After that, the court decides whether further intervention should be done, or if they should release them.
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.Â
Before the 72-hour period ends, a hearing is held before a special justice to determine the next steps.Â
What Happens After a TDO?
There are some possible options about what can happen after a TDO:
- 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 also play an important role, as they are usually involved in the long-term treatment of their loved one. The whole thing strives to balance appropriate treatment with respect.
Legal Rights During TDOs and ECOs
As mentioned earlier, the rights of individuals are fundamental during an ECO or TDO. First, the person who needs these interventions must be well informed about what´s happening or what´ll happen later on. This explanation must be made in a very clear and simple way, so everyone can understand it.
If the situation moves beyond an initial emergency hold to a temporary detention, other rights must be considered. They have the right to have a lawyer, whom they can choose themselves or, in specific cases, be appointed by the court free of charge. They also have the right to have the case reviewed by a judge, so that their perspective is heard and a full picture is created.
Medical rights are also very important and essential. Everyone should undergo a full mental health assessment by a professional before making any long-term decisions. Also, if long-term medication is needed, it should be done with additional protective measures in place. This helps ensure that the necessary care is provided while at the same time unnecessary restrictions are prevented.
Find Support at Mission Connection
Virginia’s ECO and TDO laws provide urgent care in cases of mental health emergencies. If you or your loved one ever needs this type of intervention, we at Mission Connection understand how important it is to have the right support. Whatever your needs are, we have a variety of options that can be tailored to you:
- Fast crisis support: We’ll walk you through Virginia’s ECO/TDO process with clear steps to get urgent care safely.
- Find local help easily: We can help you find the best local resources and will connect you directly.
- Families matter too: We’ll help you learn how to support your loved one without burning out.Â
- We stick with you: We check in regularly and adjust plans as needed to keep crises from repeating.
Ready to explore options? You’re not alone in this. Contact us today to find out more.Â
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
