Updated on: 4:01 pm

VA Code 18.2-57.2 Domestic Violence Statute Virginia Penalty Family Abuse Lawyer

Updated on: 4:01 pm

Have you been charged with violating Virginia Code 18.2-57.2?

Virginia Code 18.2-57.2 is the domestic violence statute in Virginia. If you have been charged with violation VA Code 18.2-57.2, you are being accused of committing an act of violence against a family member or household member.

It is very important for clients to understand that a conviction for Virginia Code 18.2-57.2 may have significant immigration consequences. Thus, it is critical to have an Virginia lawyer who understands criminal law and immigration law.

Domestic Violence Family Abuse Lawyers

Domestic Violence Family Abuse Lawyers

§ 18.2-57.2. Assault and battery against a family or household member; penalty.

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 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, or (v) 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.

C. Whenever a warrant for a violation of this section is issued, the magistrate shall issue an emergency protective order as authorized by § 16.1-253.4, except if the defendant is a minor, an emergency protective order shall not be required.

D. The definition of “family or household member” in § 16.1-228 applies to this section.

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