{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-57.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-57.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-57.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-57.3.html"}],"law_id":59318,"edition_id":1,"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","history":"1999, c. 963; 2000, c. 1040; 2003, cc. 33, 38; 2004, c. 377; 2007, c. 133; 2009, cc. 313, 347; 2013, c. 746; 2016, cc. 422, 742; 2017, cc. 621, 785; 2019, cc. 782, 783.","full_text":"A\n\nWhen a person is charged with a simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household member of the person or a violation of § 18.2-57.2, the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section.B\n\nFor a person to be eligible for such deferral, the court shall find that (i) the person was an adult at the time of the commission of the offense; (ii) the person has not previously been convicted of any offense under this article or under any statute of the United States or of any state or any ordinance of any local government relating to an assault or assault and battery against a family or household member; (iii)(a) the person has not previously been convicted of an act of violence as defined in § 19.2-297.1 or (b) if such person has been previously convicted of such an act of violence, the attorney for the Commonwealth does not object to the deferral; (iv) the person has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section; (v) the person pleads guilty to, or enters a plea of not guilty or nolo contendere and the court finds the evidence is sufficient to find the person guilty of, simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household member of the person or a violation of § 18.2-57.2; and (vi) the person consents to such deferral and to a waiver of his right to appeal a finding of facts sufficient to justify a finding of guilt under this section entered pursuant to subsection F for a violation of a term or condition of his probation. If the court defers further proceedings, at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the person, taken by a law-enforcement officer pursuant to § 19.2-390, and, if not, shall order that the fingerprints and photograph of the person be taken by a law-enforcement officer. A person may file a motion to withdraw his consent to the deferral and waiver of his right to appeal within 10 days of the entry of the order deferring proceedings on a form prescribed by the Office of the Executive Secretary of the Supreme Court of Virginia. The court shall schedule a hearing within 30 days of receipt of the motion and shall provide reasonable notice to the attorney for the Commonwealth and to the person and his attorney, if any. If the person appears at the hearing and requests to withdraw his consent, the court shall grant such request, enter a final order adjudicating guilt, and sentence the person accordingly. If the person does not appear at the hearing, the court shall deny his request to withdraw his consent.C\n\nThe court shall (i) where a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1 is available, order that the eligible person be placed with such agency and require, as a condition of local community-based probation, the person to successfully complete all treatment, education programs, or services, or any combination thereof, indicated by an assessment or evaluation obtained by the local community-based probation services agency if such assessment, treatment, or education services are available or (ii) require successful completion of treatment, education programs, or services, or any combination thereof, such as, in the opinion of the court, may be best suited to the needs of the person.D\n\nThe court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the program or services, including the costs of any assessment, evaluation, testing, education, and treatment, based upon the person’s ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.\n\t\t\tThe court shall order the person to be of good behavior for a total period of not less than two years following the deferral of proceedings, including the period of supervised probation, if available.E\n\nUpon fulfillment of the terms and conditions specified in the court order, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings. No charges dismissed pursuant to this section shall be eligible for expungement under § 19.2-392.2.F\n\nUpon violation of a term or condition of supervised probation or of the period of good behavior, the court may enter an adjudication of guilt and proceed as otherwise provided by law. Any person placed on probation pursuant to this section who is subsequently adjudicated guilty upon a violation of a term or condition of his probation shall have no right of appeal on such adjudication.G\n\nNotwithstanding any other provision of this section, whenever a court places a person on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7.","order_by":null,"text":{"0":{"id":217410,"text":"When a person is charged with a simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household member of the person or a violation of § 18.2-57.2, the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217411,"text":"For a person to be eligible for such deferral, the court shall find that (i) the person was an adult at the time of the commission of the offense; (ii) the person has not previously been convicted of any offense under this article or under any statute of the United States or of any state or any ordinance of any local government relating to an assault or assault and battery against a family or household member; (iii)(a) the person has not previously been convicted of an act of violence as defined in § 19.2-297.1 or (b) if such person has been previously convicted of such an act of violence, the attorney for the Commonwealth does not object to the deferral; (iv) the person has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section; (v) the person pleads guilty to, or enters a plea of not guilty or nolo contendere and the court finds the evidence is sufficient to find the person guilty of, simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household member of the person or a violation of § 18.2-57.2; and (vi) the person consents to such deferral and to a waiver of his right to appeal a finding of facts sufficient to justify a finding of guilt under this section entered pursuant to subsection F for a violation of a term or condition of his probation. If the court defers further proceedings, at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the person, taken by a law-enforcement officer pursuant to § 19.2-390, and, if not, shall order that the fingerprints and photograph of the person be taken by a law-enforcement officer. A person may file a motion to withdraw his consent to the deferral and waiver of his right to appeal within 10 days of the entry of the order deferring proceedings on a form prescribed by the Office of the Executive Secretary of the Supreme Court of Virginia. The court shall schedule a hearing within 30 days of receipt of the motion and shall provide reasonable notice to the attorney for the Commonwealth and to the person and his attorney, if any. If the person appears at the hearing and requests to withdraw his consent, the court shall grant such request, enter a final order adjudicating guilt, and sentence the person accordingly. If the person does not appear at the hearing, the court shall deny his request to withdraw his consent.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":217412,"text":"The court shall (i) where a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1 is available, order that the eligible person be placed with such agency and require, as a condition of local community-based probation, the person to successfully complete all treatment, education programs, or services, or any combination thereof, indicated by an assessment or evaluation obtained by the local community-based probation services agency if such assessment, treatment, or education services are available or (ii) require successful completion of treatment, education programs, or services, or any combination thereof, such as, in the opinion of the court, may be best suited to the needs of the person.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":217413,"text":"The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the program or services, including the costs of any assessment, evaluation, testing, education, and treatment, based upon the person’s ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.\n\t\t\tThe court shall order the person to be of good behavior for a total period of not less than two years following the deferral of proceedings, including the period of supervised probation, if available.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":217414,"text":"Upon fulfillment of the terms and conditions specified in the court order, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings. No charges dismissed pursuant to this section shall be eligible for expungement under § 19.2-392.2.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":217415,"text":"Upon violation of a term or condition of supervised probation or of the period of good behavior, the court may enter an adjudication of guilt and proceed as otherwise provided by law. Any person placed on probation pursuant to this section who is subsequently adjudicated guilty upon a violation of a term or condition of his probation shall have no right of appeal on such adjudication.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":217416,"text":"Notwithstanding any other provision of this section, whenever a court places a person on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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 wounding; penalty","url":"\/18.2-51.2\/","token":"18.2\/4\/4\/18.2-51.2","metadata":false},{"id":78289,"structure_id":13717,"section_number":"18.2-51.3","catch_line":"Prohibition against reckless endangerment of others by throwing objects from places higher than one story; penalty","url":"\/18.2-51.3\/","token":"18.2\/4\/4\/18.2-51.3","metadata":false},{"id":54708,"structure_id":13717,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","url":"\/18.2-51.4\/","token":"18.2\/4\/4\/18.2-51.4","metadata":false},{"id":71114,"structure_id":13717,"section_number":"18.2-51.5","catch_line":"Maiming, etc., of another resulting from operating a watercraft while intoxicated; penalty","url":"\/18.2-51.5\/","token":"18.2\/4\/4\/18.2-51.5","metadata":false},{"id":75920,"structure_id":13717,"section_number":"18.2-51.6","catch_line":"Strangulation or suffocation of another; penalty","url":"\/18.2-51.6\/","token":"18.2\/4\/4\/18.2-51.6","metadata":false},{"id":87497,"structure_id":13717,"section_number":"18.2-51.7","catch_line":"Female genital mutilation; penalty","url":"\/18.2-51.7\/","token":"18.2\/4\/4\/18.2-51.7","metadata":false},{"id":60388,"structure_id":13717,"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","url":"\/18.2-52\/","token":"18.2\/4\/4\/18.2-52","metadata":false},{"id":65361,"structure_id":13717,"section_number":"18.2-52.1","catch_line":"Possession of infectious biological substances or radiological agents; penalties","url":"\/18.2-52.1\/","token":"18.2\/4\/4\/18.2-52.1","metadata":false},{"id":66384,"structure_id":13717,"section_number":"18.2-52.2","catch_line":"Animal attack resulting from owner's disregard for human life; penalty","url":"\/18.2-52.2\/","token":"18.2\/4\/4\/18.2-52.2","metadata":false},{"id":63001,"structure_id":13717,"section_number":"18.2-53","catch_line":"Shooting, etc., in committing or attempting a felony","url":"\/18.2-53\/","token":"18.2\/4\/4\/18.2-53","metadata":false},{"id":76539,"structure_id":13717,"section_number":"18.2-53.1","catch_line":"Use or display of firearm in committing felony","url":"\/18.2-53.1\/","token":"18.2\/4\/4\/18.2-53.1","metadata":false},{"id":64209,"structure_id":13717,"section_number":"18.2-54","catch_line":"Conviction of lesser offenses under certain indictments","url":"\/18.2-54\/","token":"18.2\/4\/4\/18.2-54","metadata":false},{"id":58105,"structure_id":13717,"section_number":"18.2-54.1","catch_line":"Attempts to poison","url":"\/18.2-54.1\/","token":"18.2\/4\/4\/18.2-54.1","metadata":false},{"id":66847,"structure_id":13717,"section_number":"18.2-54.2","catch_line":"Adulteration of food, drink, drugs, cosmetics, etc.; 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-57.3\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 963<\/a> 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. It has been modified 9 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 2000, chapter 1040<\/a>; in 2003, chapters 33<\/a> and 38<\/a>; in 2004, chapter 377<\/a>; in 2007, chapter 133<\/a>; in 2009, chapters 313<\/a> and 347<\/a>; in 2013, chapter 746<\/a>; in 2016, chapters 422<\/a> and 742<\/a>; in 2017, chapters 621<\/a> and 785<\/a>; in 2019, chapters 782<\/a> and 783<\/a>.<\/p>","references":[{"id":68913,"section_number":"16.1-69.48:1","catch_line":"Fixed fee for misdemeanors, traffic infractions and other violations in district court; additional fees to be added","order_by":null,"url":"\/16.1-69.48_1\/"},{"id":87137,"section_number":"17.1-275.2","catch_line":"Fixed fee for felony reduced to misdemeanor","order_by":null,"url":"\/17.1-275.2\/"},{"id":78190,"section_number":"17.1-275.7","catch_line":"Fixed misdemeanor fee","order_by":null,"url":"\/17.1-275.7\/"},{"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":63262,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","order_by":null,"url":"\/19.2-303.4\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":80211,"section_number":"19.2-392","catch_line":"Fingerprints and photographs by police authorities","order_by":null,"url":"\/19.2-392\/"},{"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\/"}],"refers_to":[{"id":85552,"section_number":"18.2-307.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-307.1\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":56020,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","order_by":null,"url":"\/19.2-297.1\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":55140,"section_number":"9.1-173","catch_line":"Purpose","order_by":null,"url":"\/9.1-173\/"}],"permalink":{"id":165069,"object_type":"law","relational_id":59318,"identifier":"18.2-57.3","token":"18.2\/4\/4\/18.2-57.3","url":"\/18.2-57.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-57.3\/","token":"18.2\/4\/4\/18.2-57.3","dublin_core":{"Title":"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-57.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When a person is charged with a simple assault<\/span> in violation of subsection A of § 18.2-57<\/a> where the victim was a family or household member of the person or a violation of § 18.2-57.2<\/a>, the court<\/span> may defer the proceedings against such person, without a finding<\/span> of guilt, and place him on probation<\/span> under the terms of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For a person to be eligible for such deferral, the court shall find that (i) the person was an adult at the time of the commission of the offense<\/span>; (ii) the person has not previously been convicted of any offense<\/span> under this article or under any statute<\/span> of the United States or of any state or any ordinance<\/span> of any local government relating to an assault<\/span> or assault<\/span> and battery<\/span> against a family or household member; (iii)(a) the person has not previously been convicted of an act of violence as defined in § 19.2-297.1<\/a> or (b) if such person has been previously convicted of such an act of violence, the attorney for the Commonwealth does not object<\/span> to the deferral; (iv) the person has not previously had a proceeding against him for violation of such an offense<\/span> dismissed as provided in this section; (v) the person pleads guilty to, or enters a plea<\/span> of not guilty or nolo contendere<\/span> and the court finds the evidence<\/span> is sufficient to find the person guilty of, simple assault<\/span> in violation of subsection A of § 18.2-57<\/a> where the victim was a family or household member of the person or a violation of § 18.2-57.2<\/a>; and (vi) the person consents to such deferral and to a waiver<\/span> of his right to appeal<\/span> a finding<\/span> of facts<\/span> sufficient to justify a finding<\/span> of guilt under this section entered pursuant to subsection F for a violation of a term or condition of his probation<\/span>. If the court defers further proceedings, at that time the court shall determine whether the clerk of court<\/span> has been provided with the fingerprint identification information or fingerprints of the person, taken by a law<\/span>-enforcement officer pursuant to § 19.2-390<\/a>, and, if not, shall order that the fingerprints and photograph of the person be taken by a law<\/span>-enforcement officer. A person may file a motion<\/span> to withdraw his consent to the deferral and waiver<\/span> of his right to appeal<\/span> within 10 days of the entry of the order deferring proceedings on a form prescribed by the Office of the Executive Secretary of the Supreme Court of Virginia. The court shall schedule a hearing<\/span> within 30 days of receipt of the motion<\/span> and shall provide reasonable notice to the attorney for the Commonwealth and to the person and his attorney, if any. If the person appears at the hearing<\/span> and requests to withdraw his consent, the court shall grant such request, enter a final order<\/span> adjudicating guilt, and sentence the person accordingly. If the person does not appear at the hearing<\/span>, the court shall deny his request to withdraw his consent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court shall (i) where a local community-based probation<\/span> services agency established pursuant to Article 9 (§ 9.1-173<\/a> et seq.) of Chapter 1 of Title 9.1 is available, order that the eligible person be placed with such agency and require, as a condition of local community-based probation<\/span>, the person to successfully complete all treatment, education programs, or services, or any combination thereof, indicated by an assessment or evaluation obtained by the local community-based probation<\/span> services agency if such assessment, treatment, or education services are available or (ii) require successful completion of treatment, education programs, or services, or any combination thereof, such as, in the opinion<\/span> of the court, may be best suited to the needs of the person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the program or services, including the costs of any assessment, evaluation, testing, education, and treatment, based upon the person’s ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.\n\t\t\tThe court shall order the person to be of good behavior for a total period of not less than two years following the deferral of proceedings, including the period of supervised probation<\/span>, if available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon fulfillment of the terms and conditions specified in the court order<\/span>, and upon determining that the clerk of court<\/span> has been provided with the fingerprint identification information or fingerprints of such person, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal<\/span> under this section shall be without adjudication of guilt and is a conviction<\/span> only for the purposes of applying this section in subsequent proceedings. No charges dismissed pursuant to this section shall be eligible for expungement under § 19.2-392.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Upon violation of a term or condition of supervised probation<\/span> or of the period of good behavior, the court may enter an adjudication of guilt and proceed as otherwise provided by law<\/span>. Any person placed on probation<\/span> pursuant to this section who is subsequently adjudicated guilty upon a violation of a term or condition of his probation<\/span> shall have no right of appeal<\/span> on such adjudication. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding any other provision of this section, whenever a court places a person on probation<\/span> upon terms and conditions pursuant to this section, such action shall be treated as a conviction<\/span> for purposes of Article 6.1 (§ 18.2-307.1<\/a> et seq.) of Chapter 7. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERSONS CHARGED WITH FIRST OFFENSE OF ASSAULT AND BATTERY AGAINST A FAMILY OR\nHOUSEHOLD MEMBER MAY BE PLACED ON LOCAL COMMUNITY-BASED PROBATION; CONDITIONS;\nEDUCATION AND TREATMENT PROGRAMS; COSTS AND FEES; VIOLATIONS; DISCHARGE (\u00a7\n18.2-57.3)\n\nA. When a person is charged with a simple assault in violation of subsection A\nof § 18.2-57 where the victim was a family or household member of the\nperson or a violation of § 18.2-57.2, the court may defer the proceedings\nagainst such person, without a finding of guilt, and place him on probation\nunder the terms of this section.\n\nB. For a person to be eligible for such deferral, the court shall find that (i)\nthe person was an adult at the time of the commission of the offense; (ii) the\nperson has not previously been convicted of any offense under this article or\nunder any statute of the United States or of any state or any ordinance of any\nlocal government relating to an assault or assault and battery against a family\nor household member; (iii)(a) the person has not previously been convicted of an\nact of violence as defined in § 19.2-297.1 or (b) if such person has been\npreviously convicted of such an act of violence, the attorney for the\nCommonwealth does not object to the deferral; (iv) the person has not previously\nhad a proceeding against him for violation of such an offense dismissed as\nprovided in this section; (v) the person pleads guilty to, or enters a plea of\nnot guilty or nolo contendere and the court finds the evidence is sufficient to\nfind the person guilty of, simple assault in violation of subsection A of §\n18.2-57 where the victim was a family or household member of the person or a\nviolation of § 18.2-57.2; and (vi) the person consents to such deferral and\nto a waiver of his right to appeal a finding of facts sufficient to justify a\nfinding of guilt under this section entered pursuant to subsection F for a\nviolation of a term or condition of his probation. If the court defers further\nproceedings, at that time the court shall determine whether the clerk of court\nhas been provided with the fingerprint identification information or\nfingerprints of the person, taken by a law-enforcement officer pursuant to\n§ 19.2-390, and, if not, shall order that the fingerprints and photograph\nof the person be taken by a law-enforcement officer. A person may file a motion\nto withdraw his consent to the deferral and waiver of his right to appeal within\n10 days of the entry of the order deferring proceedings on a form prescribed by\nthe Office of the Executive Secretary of the Supreme Court of Virginia. The\ncourt shall schedule a hearing within 30 days of receipt of the motion and shall\nprovide reasonable notice to the attorney for the Commonwealth and to the person\nand his attorney, if any. If the person appears at the hearing and requests to\nwithdraw his consent, the court shall grant such request, enter a final order\nadjudicating guilt, and sentence the person accordingly. If the person does not\nappear at the hearing, the court shall deny his request to withdraw his consent.\n\nC. The court shall (i) where a local community-based probation services agency\nestablished pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title\n9.1 is available, order that the eligible person be placed with such agency and\nrequire, as a condition of local community-based probation, the person to\nsuccessfully complete all treatment, education programs, or services, or any\ncombination thereof, indicated by an assessment or evaluation obtained by the\nlocal community-based probation services agency if such assessment, treatment,\nor education services are available or (ii) require successful completion of\ntreatment, education programs, or services, or any combination thereof, such as,\nin the opinion of the court, may be best suited to the needs of the person.\n\nD. The court shall require the person entering such education or treatment\nprogram or services under the provisions of this section to pay all or part of\nthe costs of the program or services, including the costs of any assessment,\nevaluation, testing, education, and treatment, based upon the person’s\nability to pay. Such programs or services shall offer a sliding-scale fee\nstructure or other mechanism to assist participants who are unable to pay the\nfull costs of the required programs or services.\n\t\t\tThe court shall order the person to be of good behavior for a total period of\nnot less than two years following the deferral of proceedings, including the\nperiod of supervised probation, if available.\n\nE. Upon fulfillment of the terms and conditions specified in the court order,\nand upon determining that the clerk of court has been provided with the\nfingerprint identification information or fingerprints of such person, the court\nshall discharge the person and dismiss the proceedings against him. Discharge\nand dismissal under this section shall be without adjudication of guilt and is a\nconviction only for the purposes of applying this section in subsequent\nproceedings. No charges dismissed pursuant to this section shall be eligible for\nexpungement under § 19.2-392.2.\n\nF. Upon violation of a term or condition of supervised probation or of the\nperiod of good behavior, the court may enter an adjudication of guilt and\nproceed as otherwise provided by law. Any person placed on probation pursuant to\nthis section who is subsequently adjudicated guilty upon a violation of a term\nor condition of his probation shall have no right of appeal on such\nadjudication.\n\nG. Notwithstanding any other provision of this section, whenever a court places\na person on probation upon terms and conditions pursuant to this section, such\naction shall be treated as a conviction for purposes of Article 6.1 (§\n18.2-307.1 et seq.) of Chapter 7.\n\nHISTORY: 1999, c. 963; 2000, c. 1040; 2003, cc. 33, 38; 2004, c. 377; 2007, c.\n133; 2009, cc. 313, 347; 2013, c. 746; 2016, cc. 422, 742; 2017, cc. 621, 785;\n2019, cc. 782, 783.","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}}