Adult Criminal Cases

Jurisdiction

J&DR Courts have jurisdiction of adult matters such as misdemeanor domestic assault and battery, misdemeanors committed by adults where the victim is a minor, and other misdemeanor crimes against family or household members.

The Code of Virginia defines family or household member as

• the person's spouse, whether or not he or she resides in the same home with the person
• the person's former spouse, whether or not he or she resides in the same home with the person
• the person's parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person
• the person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person
• any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time
• any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person

Felonies

No J&DR District Court has final jurisdiction of a felony.

• If an adult has been charged with a felony returnable to the J&DR District Court, the adult has a right to a preliminary hearing in the district court.
• At the preliminary hearing, the Court will determine if probable cause exists to certify the case to the grand jury.
• If probable cause does not exist, the case may be dismissed or nolle prosequi (not prosecuted).
• If an adult wishes to waive his/her right to a preliminary hearing, the matter will be certified to the grand jury.

Misdemeanors

The J&DR District Court does have final jurisdiction of misdemeanors involving family or household members, or child victims.