Virginia Domestic Assault and Battery: Va. Code 18.2-57.2

Domestic Assault on a Family or Household Member in Virginia

In Virginia, domestic assault on a family or household member is a separate criminal offense. In Virginia Code § 18.2-57.2, the statute provides:

A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.

B. Upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, petition, information, or indictment on which a person is convicted, that such person has been previously convicted of two offenses against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding or unlawful wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, (v) strangulation in violation of § 18.2-51.6, or (vi) an offense under the law of any other jurisdiction which has the same elements of any of the above offenses, in any combination, all of which occurred within a period of 20 years, and each of which occurred on a different date, such person is guilty of a Class 6 felony.

The statute also requires the magistrate to issue an Emergency Protective Order when someone is charged with domestic assault on a household member. The dynamics of this offense are therefore more personal than other assault charges and each case must be handled with care.

Domestic Assault cases have their own nuances. While it is not always these case, the parties often know each other and potentially do not want to press charges after the initial arrest has occured. Your attorney should investigate the facts of your case, and learn what kind of testimony the alleged victim would offer at trial, or if they even want to go to trial. This investigation into your case vitally important to resolving your case without a trial, and being prepared if there is a trial.

Consult with a Virginia Domestic Assault Attorney

If you or a family member  are charged with domestic assault on a household member in Virginia, contact us today to learn how our Client-Focused Criminal Defense Team can help you.