The terms "arrest under civil process" and "civil arrest" shall be synonymous and shall be the apprehending and detaining of a person pursuant to specific provisions of this title to achieve the following:
§ 8.01-327.1.Definition of "arrest under civil process.".
Chapter 8. Process · Article 5. Privilege from Civil Arrest · Last amended 1984 · Last verified July 16, 2026
In one sentenceSection 8.01-327.1 defines “arrest under civil process” and “civil arrest” as synonymous terms meaning the apprehension and detention of a person under specific Title 8.01 provisions, used only to compel a full answer to interrogatories under §8.01-506 or to compel obedience to a court’s orders, judgments, and decrees.
Full Text of § 8.01-327.1
1. A full and proper answer or response to interrogatories under § 8.01-506;
2. His obedience to the orders, judgments, and decrees of any court.
Plain-English Summary
Section 8.01-327.1 opens Article 5 of Chapter 8 by defining the term the rest of the article relies on. “Arrest under civil process” and “civil arrest” are treated as synonymous, both meaning the apprehending and detaining of a person under specific provisions of Title 8.01, not a general power to jail someone over a civil dispute.
The definition limits civil arrest to two purposes: compelling a full and proper answer or response to interrogatories propounded under §8.01-506, which governs discovery in aid of execution, and compelling a person’s obedience to the orders, judgments, and decrees of a court. Anything outside those two purposes falls outside what this article treats as civil arrest.
Frequently Asked Questions
Are “arrest under civil process” and “civil arrest” different concepts?
No. This section treats the two terms as synonymous.
What two purposes can civil arrest serve under this definition?
Compelling a full and proper answer to interrogatories under §8.01-506, or compelling obedience to a court’s orders, judgments, and decrees.
Is civil arrest the same as a criminal arrest?
No. It is defined specifically as apprehending and detaining a person under particular provisions of Title 8.01, distinct from criminal process.
Does this section itself authorize civil arrest?
No. It defines the term; the authority to carry out a civil arrest comes from other provisions of the title, such as §8.01-506.
When was this definition added to the Code?
In 1977, c. 617, and later amended in 1984, c. 93.
Amendment History
1977, c. 617; 1984, c. 93.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: what is civil arrest virginiaarrest under civil process definition virginia8.01-327.1 civil arrest meaningcan you be arrested for a civil judgment in virginia