{"data":{"id":"us-va/va.-code-18.2-57.2","jurisdiction":"us-va","citation":"Va. Code § 18.2-57.2","heading":"Assault and battery against a family or household member; penalty","body":"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.1991, c. 238; 1992, cc. 526, 886; 1996, c. 866; 1997, c. 603; 1999, cc. 697, 721, 807; 2004, cc. 448, 738; 2009, c. 726; 2014, c. 660.","path":["Title 18.2. CRIMES AND OFFENSES GENERALLY","Chapter 4. CRIMES AGAINST THE PERSON","Article 4. ASSAULTS AND BODILY WOUNDINGS"],"source_url":"https://law.lis.virginia.gov/vacode/18.2-57.2/","current_through":"9/4/2026","vintage":"","retrieved_at":"2026-09-04T15:14:34Z","sha256":"3d0234aba54fcf485461f6e9c530c86de7a47e51eccf40717cb047c7a7219be2","source_id":"us-va","stale":true,"prev":"us-va/va.-code-18.2-57.1","next":"us-va/va.-code-18.2-57.3"},"notice":"GroundRules: Original legal text. Not legal advice."}