{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-57.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-57.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-57.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-57.2.html"}],"law_id":72208,"edition_id":1,"section_id":72208,"structure_id":13717,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","history":"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.","full_text":"A\n\nAny person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.B\n\nUpon 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\n\nWhenever 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\n\nThe definition of “family or household member” in § 16.1-228 applies to this section.","order_by":null,"text":{"0":{"id":260141,"text":"Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":260142,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":260143,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":260144,"text":"The definition of “family or household member” in § 16.1-228 applies to this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13717,"edition_id":1,"name":"Assaults and Bodily Woundings","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13100,"metadata":{},"date_created":"2026-06-26 03:45:39","date_modified":"2026-06-26 03:45:39","permalink":{"id":164963,"object_type":"structure","relational_id":13717,"identifier":"4","token":"18.2\/4\/4","url":"\/18.2\/4\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13100,"edition_id":1,"name":"Crimes Against the Person","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":164763,"object_type":"structure","relational_id":13100,"identifier":"4","token":"18.2\/4","url":"\/18.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72243,"structure_id":13717,"section_number":"18.2-51","catch_line":"Shooting, stabbing, etc., with intent to maim, kill, etc","url":"\/18.2-51\/","token":"18.2\/4\/4\/18.2-51","metadata":false},{"id":72165,"structure_id":13717,"section_number":"18.2-51.1","catch_line":"Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical services personnel; penalty; lesser-included offense","url":"\/18.2-51.1\/","token":"18.2\/4\/4\/18.2-51.1","metadata":false},{"id":68812,"structure_id":13717,"section_number":"18.2-51.2","catch_line":"Aggravated malicious 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penalty","url":"\/18.2-54.2\/","token":"18.2\/4\/4\/18.2-54.2","metadata":false},{"id":82347,"structure_id":13717,"section_number":"18.2-55","catch_line":"Bodily injuries caused by prisoners, state juvenile probationers and state and local adult probationers or adult parolees","url":"\/18.2-55\/","token":"18.2\/4\/4\/18.2-55","metadata":false},{"id":69835,"structure_id":13717,"section_number":"18.2-55.1","catch_line":"Hazing of youth gang members unlawful; criminal liability","url":"\/18.2-55.1\/","token":"18.2\/4\/4\/18.2-55.1","metadata":false},{"id":86902,"structure_id":13717,"section_number":"18.2-56","catch_line":"Hazing unlawful; civil and criminal liability; duty of school, etc., officials; penalty","url":"\/18.2-56\/","token":"18.2\/4\/4\/18.2-56","metadata":false},{"id":75271,"structure_id":13717,"section_number":"18.2-56.1","catch_line":"Reckless handling of firearms; reckless handling while hunting","url":"\/18.2-56.1\/","token":"18.2\/4\/4\/18.2-56.1","metadata":false},{"id":57206,"structure_id":13717,"section_number":"18.2-56.2","catch_line":"Allowing access to firearms by children; penalty","url":"\/18.2-56.2\/","token":"18.2\/4\/4\/18.2-56.2","metadata":false},{"id":64628,"structure_id":13717,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","url":"\/18.2-57\/","token":"18.2\/4\/4\/18.2-57","metadata":false},{"id":58241,"structure_id":13717,"section_number":"18.2-57.01","catch_line":"Pointing laser at law-enforcement officer unlawful; penalty","url":"\/18.2-57.01\/","token":"18.2\/4\/4\/18.2-57.01","metadata":false},{"id":67857,"structure_id":13717,"section_number":"18.2-57.02","catch_line":"Disarming a law-enforcement or correctional officer; penalty","url":"\/18.2-57.02\/","token":"18.2\/4\/4\/18.2-57.02","metadata":false},{"id":65560,"structure_id":13717,"section_number":"18.2-57.1","catch_line":"Repealed","url":"\/18.2-57.1\/","token":"18.2\/4\/4\/18.2-57.1","metadata":false},{"id":72208,"structure_id":13717,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","url":"\/18.2-57.2\/","token":"18.2\/4\/4\/18.2-57.2","metadata":false},{"id":59318,"structure_id":13717,"section_number":"18.2-57.3","catch_line":"Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge","url":"\/18.2-57.3\/","token":"18.2\/4\/4\/18.2-57.3","metadata":false},{"id":66795,"structure_id":13717,"section_number":"18.2-57.4","catch_line":"Reporting findings of assault and battery to military family advocacy representatives","url":"\/18.2-57.4\/","token":"18.2\/4\/4\/18.2-57.4","metadata":false},{"id":70823,"structure_id":13717,"section_number":"18.2-57.5","catch_line":"Certain matters not to constitute defenses","url":"\/18.2-57.5\/","token":"18.2\/4\/4\/18.2-57.5","metadata":false}],"previous_section":{"id":65560,"structure_id":13717,"section_number":"18.2-57.1","catch_line":"Repealed","url":"\/18.2-57.1\/","token":"18.2\/4\/4\/18.2-57.1","metadata":false},"next_section":{"id":59318,"structure_id":13717,"section_number":"18.2-57.3","catch_line":"Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge","url":"\/18.2-57.3\/","token":"18.2\/4\/4\/18.2-57.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-57.2\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 238 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapters 526 and 886; in 1996, chapter 866<\/a>; in 1997, chapter 603<\/a>; in 1999, chapters 697<\/a>, 721<\/a>, and 807<\/a>; in 2004, chapters 448<\/a> and 738<\/a>; in 2009, chapter 726<\/a>; in 2014, chapter 660<\/a>.<\/p>","references":[{"id":78495,"section_number":"15.2-1705","catch_line":"Minimum qualifications; waiver","order_by":null,"url":"\/15.2-1705\/"},{"id":65694,"section_number":"15.2-1707","catch_line":"Decertification of law-enforcement officers and jail officers","order_by":null,"url":"\/15.2-1707\/"},{"id":60177,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","order_by":null,"url":"\/16.1-253.4\/"},{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":63770,"section_number":"16.1-309.1","catch_line":"Exception as to confidentiality","order_by":null,"url":"\/16.1-309.1\/"},{"id":68420,"section_number":"16.1-69.55","catch_line":"Retention of case records; limitations on enforcement of judgments; extensions","order_by":null,"url":"\/16.1-69.55\/"},{"id":82793,"section_number":"17.1-213","catch_line":"Disposition of papers in ended cases","order_by":null,"url":"\/17.1-213\/"},{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"},{"id":59318,"section_number":"18.2-57.3","catch_line":"Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge","order_by":null,"url":"\/18.2-57.3\/"},{"id":66795,"section_number":"18.2-57.4","catch_line":"Reporting findings of assault and battery to military family advocacy representatives","order_by":null,"url":"\/18.2-57.4\/"},{"id":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"},{"id":74621,"section_number":"19.2-151","catch_line":"Satisfaction and discharge of assault and similar charges","order_by":null,"url":"\/19.2-151\/"},{"id":75041,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","order_by":null,"url":"\/19.2-299\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":86739,"section_number":"19.2-81.3","catch_line":"Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc","order_by":null,"url":"\/19.2-81.3\/"},{"id":59383,"section_number":"22.1-289.038","catch_line":"Child day programs and family day systems; criminal conviction and waiver","order_by":null,"url":"\/22.1-289.038\/"},{"id":75182,"section_number":"37.2-314","catch_line":"Background check required","order_by":null,"url":"\/37.2-314\/"},{"id":70260,"section_number":"37.2-408.1","catch_line":"Background check required; children's residential facilities","order_by":null,"url":"\/37.2-408.1\/"},{"id":64373,"section_number":"37.2-416","catch_line":"Background checks required; services for children and developmental services","order_by":null,"url":"\/37.2-416\/"},{"id":67357,"section_number":"37.2-416.1","catch_line":"Background checks required; adult substance abuse and mental health services","order_by":null,"url":"\/37.2-416.1\/"},{"id":75347,"section_number":"37.2-506","catch_line":"Background checks required; services for children and developmental services","order_by":null,"url":"\/37.2-506\/"},{"id":61726,"section_number":"37.2-506.1","catch_line":"Background checks required; adult substance abuse and mental health services","order_by":null,"url":"\/37.2-506.1\/"},{"id":69004,"section_number":"52-35","catch_line":"Witness protection program established","order_by":null,"url":"\/52-35\/"},{"id":63586,"section_number":"53.1-202.3","catch_line":"Rate at which sentence credits may be earned; prerequisites","order_by":null,"url":"\/53.1-202.3\/"},{"id":58640,"section_number":"53.1-40.02","catch_line":"Conditional release of terminally ill prisoners","order_by":null,"url":"\/53.1-40.02\/"},{"id":80180,"section_number":"63.2-1726","catch_line":"Background check required; children's residential facilities","order_by":null,"url":"\/63.2-1726\/"},{"id":81648,"section_number":"63.2-901.1","catch_line":"Criminal history and central registry check for placements of children","order_by":null,"url":"\/63.2-901.1\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":60177,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","order_by":null,"url":"\/16.1-253.4\/"},{"id":72243,"section_number":"18.2-51","catch_line":"Shooting, stabbing, etc., with intent to maim, kill, etc","order_by":null,"url":"\/18.2-51\/"},{"id":68812,"section_number":"18.2-51.2","catch_line":"Aggravated malicious wounding; penalty","order_by":null,"url":"\/18.2-51.2\/"},{"id":75920,"section_number":"18.2-51.6","catch_line":"Strangulation or suffocation of another; penalty","order_by":null,"url":"\/18.2-51.6\/"},{"id":60388,"section_number":"18.2-52","catch_line":"Malicious bodily injury by means of any caustic substance or agent or use of any explosive or fire","order_by":null,"url":"\/18.2-52\/"}],"permalink":{"id":165065,"object_type":"law","relational_id":72208,"identifier":"18.2-57.2","token":"18.2\/4\/4\/18.2-57.2","url":"\/18.2-57.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-57.2\/","token":"18.2\/4\/4\/18.2-57.2","dublin_core":{"Title":"Assault and battery against a family or household member; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-57.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who commits an assault<\/span> and battery<\/span> against a family or household member is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon a conviction<\/span> for assault<\/span> and battery<\/span> against a family or household member, where it is alleged in the warrant, petition<\/span>, information, or indictment<\/span> on which a person is convicted, that such person has been previously convicted of two offenses<\/span> against a family or household member of (i) assault<\/span> and battery<\/span> against a family or household member in violation of this section, (ii) malicious<\/span> wounding or unlawful wounding in violation of § 18.2-51<\/a>, (iii) aggravated malicious<\/span> wounding in violation of § 18.2-51.2<\/a>, (iv) malicious<\/span> bodily injury by means of a substance in violation of § 18.2-52<\/a>, (v) strangulation in violation of § 18.2-51.6<\/a>, or (vi) an offense<\/span> under the law<\/span> of any other jurisdiction<\/span> which has the same elements of any of the above offenses<\/span>, 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<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Whenever a warrant for a violation of this section is issued, the magistrate<\/span> shall issue<\/span> an emergency protective order<\/span> as authorized by § 16.1-253.4<\/a>, except if the defendant<\/span> is a minor<\/span>, an emergency protective order<\/span> shall not be required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The definition of “family or household member” in § 16.1-228<\/a> applies to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSAULT AND BATTERY AGAINST A FAMILY OR HOUSEHOLD MEMBER; PENALTY (\u00a7 18.2-57.2)\n\nA. Any person who commits an assault and battery against a family or household\nmember is guilty of a Class 1 misdemeanor.\n\nB. Upon a conviction for assault and battery against a family or household\nmember, where it is alleged in the warrant, petition, information, or indictment\non which a person is convicted, that such person has been previously convicted\nof two offenses against a family or household member of (i) assault and battery\nagainst a family or household member in violation of this section, (ii)\nmalicious wounding or unlawful wounding in violation of § 18.2-51, (iii)\naggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious\nbodily injury by means of a substance in violation of § 18.2-52, (v)\nstrangulation in violation of § 18.2-51.6, or (vi) an offense under the law\nof any other jurisdiction which has the same elements of any of the above\noffenses, in any combination, all of which occurred within a period of 20 years,\nand each of which occurred on a different date, such person is guilty of a Class\n6 felony.\n\nC. Whenever a warrant for a violation of this section is issued, the magistrate\nshall issue an emergency protective order as authorized by § 16.1-253.4,\nexcept if the defendant is a minor, an emergency protective order shall not be\nrequired.\n\nD. The definition of “family or household member” in § 16.1-228\napplies to this section.\n\nHISTORY: 1991, c. 238; 1992, cc. 526, 886; 1996, c. 866; 1997, c. 603; 1999, cc.\n697, 721, 807; 2004, cc. 448, 738; 2009, c. 726; 2014, c. 660.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}