Skip to main content
US Criminal Defense.org
Menu

Virginia statute

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

Current through 2026 Regular Session

Part of Article 4: Assaults and Bodily Woundings, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-57.2

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-57.2Primary source, current through the 2026 Regular Session
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. 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.

Official sources

Legal terms used in this section

Questions this section answers

Is assault and battery against a family or household member a felony or a misdemeanor in Virginia?

It depends on the circumstances: assault and battery against a family or household member ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-57.2.

Assault and battery against a family or household member — first or second offense: class 1 misdemeanor (Va. Code Ann. § 18.2-57.2A) · Assault and battery against a family or household member — third offense within 20 years: class 6 felony (Va. Code Ann. § 18.2-57.2B)

Which Virginia statute covers assault and battery against a family or household member?

Assault and battery against a family or household member is governed by Va. Code Ann. § 18.2-57.2 (Assault and battery against a family or household member; penalty).

This reference is informational and is not legal advice.