{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-218.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-218.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-218.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-218.2.html"}],"law_id":69131,"edition_id":1,"section_id":69131,"structure_id":15748,"section_number":"19.2-218.2","catch_line":"Hearing before juvenile and domestic relations district court required for persons accused of certain violations against their spouses","history":"1986, c. 516; 2005, c. 631.","full_text":"A\n\nIn any case involving a violation of § 18.2-61, 18.2-67.1, or 18.2-67.2 where the complaining witness is the spouse of the accused, where a preliminary hearing pursuant to § 19.2-218.1 has not been held prior to indictment or trial, the court shall refer the case to the appropriate juvenile and domestic relations district court for a hearing to determine whether counseling or therapy is appropriate prior to further disposition unless the hearing is waived in writing by the accused. The court conducting this hearing may order counseling or therapy for the accused in compliance with the guidelines set forth in § 19.2-218.1.B\n\nAfter such hearing pursuant to which the accused has completed counseling or therapy and upon the recommendation of the juvenile and domestic relations district court judge conducting the hearing, the judge of the circuit court may dismiss the charge with the consent of the attorney for the Commonwealth and if the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.","order_by":null,"text":{"0":{"id":250153,"text":"In any case involving a violation of § 18.2-61, 18.2-67.1, or 18.2-67.2 where the complaining witness is the spouse of the accused, where a preliminary hearing pursuant to § 19.2-218.1 has not been held prior to indictment or trial, the court shall refer the case to the appropriate juvenile and domestic relations district court for a hearing to determine whether counseling or therapy is appropriate prior to further disposition unless the hearing is waived in writing by the accused. The court conducting this hearing may order counseling or therapy for the accused in compliance with the guidelines set forth in § 19.2-218.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250154,"text":"After such hearing pursuant to which the accused has completed counseling or therapy and upon the recommendation of the juvenile and domestic relations district court judge conducting the hearing, the judge of the circuit court may dismiss the charge with the consent of the attorney for the Commonwealth and if the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15748,"edition_id":1,"name":"Necessity for Indictment, Etc","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14119,"metadata":{},"date_created":"2026-06-26 03:58:52","date_modified":"2026-06-26 03:58:52","permalink":{"id":168863,"object_type":"structure","relational_id":15748,"identifier":"1","token":"19.2\/14\/1","url":"\/19.2\/14\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14119,"edition_id":1,"name":"Presentments, Indictments and Informations","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:56","date_modified":"2026-06-26 03:46:56","permalink":{"id":168861,"object_type":"structure","relational_id":14119,"identifier":"14","token":"19.2\/14","url":"\/19.2\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60512,"structure_id":15748,"section_number":"19.2-216","catch_line":"Definition of indictment, presentment and information","url":"\/19.2-216\/","token":"19.2\/14\/1\/19.2-216","metadata":false},{"id":74176,"structure_id":15748,"section_number":"19.2-217","catch_line":"When information filed; prosecution for felony to be by indictment or presentment; waiver; process to compel appearance of accused","url":"\/19.2-217\/","token":"19.2\/14\/1\/19.2-217","metadata":false},{"id":62590,"structure_id":15748,"section_number":"19.2-217.1","catch_line":"Central file of aggravated murder indictments","url":"\/19.2-217.1\/","token":"19.2\/14\/1\/19.2-217.1","metadata":false},{"id":79152,"structure_id":15748,"section_number":"19.2-218","catch_line":"Preliminary hearing required for person arrested on charge of felony; waiver","url":"\/19.2-218\/","token":"19.2\/14\/1\/19.2-218","metadata":false},{"id":81843,"structure_id":15748,"section_number":"19.2-218.1","catch_line":"Preliminary hearings involving certain sexual crimes against spouses","url":"\/19.2-218.1\/","token":"19.2\/14\/1\/19.2-218.1","metadata":false},{"id":69131,"structure_id":15748,"section_number":"19.2-218.2","catch_line":"Hearing before juvenile and domestic relations district court required for persons accused of certain violations against their spouses","url":"\/19.2-218.2\/","token":"19.2\/14\/1\/19.2-218.2","metadata":false},{"id":71677,"structure_id":15748,"section_number":"19.2-219","catch_line":"When capias need not be issued; summons; judgment","url":"\/19.2-219\/","token":"19.2\/14\/1\/19.2-219","metadata":false}],"previous_section":{"id":81843,"structure_id":15748,"section_number":"19.2-218.1","catch_line":"Preliminary hearings involving certain sexual crimes against spouses","url":"\/19.2-218.1\/","token":"19.2\/14\/1\/19.2-218.1","metadata":false},"next_section":{"id":71677,"structure_id":15748,"section_number":"19.2-219","catch_line":"When capias need not be issued; summons; judgment","url":"\/19.2-219\/","token":"19.2\/14\/1\/19.2-219","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-218.2\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 516 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 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2005, chapter 631<\/a>.<\/p>","references":[{"id":81843,"section_number":"19.2-218.1","catch_line":"Preliminary hearings involving certain sexual crimes against spouses","order_by":null,"url":"\/19.2-218.1\/"}],"refers_to":[{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":73623,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","order_by":null,"url":"\/18.2-67.1\/"},{"id":73072,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","order_by":null,"url":"\/18.2-67.2\/"},{"id":81843,"section_number":"19.2-218.1","catch_line":"Preliminary hearings involving certain sexual crimes against spouses","order_by":null,"url":"\/19.2-218.1\/"}],"permalink":{"id":168885,"object_type":"law","relational_id":69131,"identifier":"19.2-218.2","token":"19.2\/14\/1\/19.2-218.2","url":"\/19.2-218.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-218.2\/","token":"19.2\/14\/1\/19.2-218.2","dublin_core":{"Title":"Hearing before juvenile and domestic relations district court required for persons accused of certain violations against their spouses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-218.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any case involving a violation of § 18.2-61<\/a>, 18.2-67.1<\/a>, or 18.2-67.2<\/a> where the complaining witness<\/span> is the spouse of the accused<\/span>, where a preliminary hearing<\/span> pursuant to § 19.2-218.1<\/a> has not been held prior to indictment<\/span> or trial<\/span>, the court<\/span> shall refer the case to the appropriate juvenile and domestic relations district court<\/span> for a hearing to determine whether counseling or therapy is appropriate prior to further disposition<\/span> unless the hearing is waived in writing by the accused<\/span>. The court<\/span> conducting this hearing may order<\/span> counseling or therapy for the accused<\/span> in compliance with the guidelines set forth in § 19.2-218.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After such hearing pursuant to which the accused<\/span> has completed counseling or therapy and upon the recommendation of the juvenile and domestic relations district court<\/span> judge<\/span> conducting the hearing, the judge<\/span> of the circuit<\/span> court<\/span> may dismiss the charge with the consent of the attorney for the Commonwealth and if the court<\/span> finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARING BEFORE JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT REQUIRED FOR\nPERSONS ACCUSED OF CERTAIN VIOLATIONS AGAINST THEIR SPOUSES (\u00a7 19.2-218.2)\n\nA. In any case involving a violation of § 18.2-61, 18.2-67.1, or 18.2-67.2\nwhere the complaining witness is the spouse of the accused, where a preliminary\nhearing pursuant to § 19.2-218.1 has not been held prior to indictment or\ntrial, the court shall refer the case to the appropriate juvenile and domestic\nrelations district court for a hearing to determine whether counseling or\ntherapy is appropriate prior to further disposition unless the hearing is waived\nin writing by the accused. The court conducting this hearing may order\ncounseling or therapy for the accused in compliance with the guidelines set\nforth in § 19.2-218.1.\n\nB. After such hearing pursuant to which the accused has completed counseling or\ntherapy and upon the recommendation of the juvenile and domestic relations\ndistrict court judge conducting the hearing, the judge of the circuit court may\ndismiss the charge with the consent of the attorney for the Commonwealth and if\nthe court finds such action will promote maintenance of the family unit and be\nin the best interest of the complaining witness.\n\nHISTORY: 1986, c. 516; 2005, c. 631.","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}}