{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-81.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-81.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-81.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-81.3.html"}],"law_id":86739,"edition_id":1,"section_id":86739,"structure_id":13638,"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","history":"1991, c. 715; 1992, c. 886; 1995, cc. 413, 433; 1996, c. 866; 1997, c. 603; 1998, c. 569; 1999, cc. 697, 721, 807; 2002, cc. 810, 818; 2004, c. 1016; 2008, cc. 551, 691; 2011, cc. 445, 480; 2012, cc. 776, 827; 2014, cc. 779, 797; 2025, cc. 619, 639.","full_text":"A\n\nAny law-enforcement officer with the powers of arrest may arrest without a warrant for an alleged violation of § 18.2-57.2, 18.2-60.4, or 16.1-253.2 regardless of whether such violation was committed in his presence, if such arrest is based on probable cause or upon personal observations or the reasonable complaint of a person who observed the alleged offense or upon personal investigation.B\n\nA law-enforcement officer having probable cause to believe that a violation of § 18.2-57.2 or 16.1-253.2 has occurred shall arrest and take into custody the person he has probable cause to believe, based on the totality of the circumstances, was the predominant physical aggressor unless there are special circumstances which would dictate a course of action other than an arrest. The standards for determining who is the predominant physical aggressor shall be based on the following considerations: (i) who was the first aggressor, (ii) the protection of the health and safety of family and household members, (iii) prior complaints of family abuse by the allegedly abusing person involving the family or household members, (iv) the relative severity of the injuries inflicted on persons involved in the incident, (v) whether any injuries were inflicted in self-defense, (vi) witness statements, and (vii) other observations.C\n\nA law-enforcement officer having probable cause to believe that a violation of § 18.2-60.4 has occurred that involves physical aggression shall arrest and take into custody the person he has probable cause to believe, based on the totality of the circumstances, was the predominant physical aggressor unless there are special circumstances which would dictate a course of action other than an arrest. The standards for determining who is the predominant physical aggressor shall be based on the following considerations: (i) who was the first aggressor, (ii) the protection of the health and safety of the person to whom the protective order was issued and the person’s family and household members, (iii) prior acts of violence, force, or threat, as defined in § 19.2-152.7:1, by the person against whom the protective order was issued against the person protected by the order or the protected person’s family or household members, (iv) the relative severity of the injuries inflicted on persons involved in the incident, (v) whether any injuries were inflicted in self-defense, (vi) witness statements, and (vii) other observations.D\n\nRegardless of whether an arrest is made, the officer shall file a written report with his department, which shall state whether any arrests were made, and if so, the number of arrests, specifically including any incident in which he has probable cause to believe family abuse has occurred, and, where required, including a complete statement in writing that there are special circumstances that would dictate a course of action other than an arrest. The officer shall provide the allegedly abused person or the person protected by an order issued pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10, both orally and in writing, information regarding the legal and community resources available to the allegedly abused person or person protected by the order. Upon request of the allegedly abused person or person protected by the order, the department shall make a summary of the report available to the allegedly abused person or person protected by the order.E\n\nIn every case in which a law-enforcement officer makes an arrest under this section for a violation of § 18.2-57.2, he shall petition for an emergency protective order as authorized in § 16.1-253.4 when the person arrested and taken into custody is brought before the magistrate, except if the person arrested is a minor, a petition for an emergency protective order shall not be required. Regardless of whether an arrest is made, if the officer has probable cause to believe that a danger of acts of family abuse exists, the law-enforcement officer shall seek an emergency protective order under § 16.1-253.4, except if the suspected abuser is a minor, a petition for an emergency protective order shall not be required.F\n\nA law-enforcement officer investigating any complaint of family abuse, including but not limited to assault and battery against a family or household member shall, upon request, transport, or arrange for the transportation of an abused person to a hospital or safe shelter, or to appear before a magistrate. Any local law-enforcement agency may adopt a policy requiring an officer to transport or arrange for transportation of an abused person as provided in this subsection.G\n\nThe definition of “family or household member” in § 16.1-228 applies to this section.H\n\nAs used in this section:\n\t\t\t“Law-enforcement officer” means (i) any full-time or part-time employee of a police department or sheriff’s office which is part of or administered by the Commonwealth or any political subdivision thereof, and any campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of this Commonwealth; (ii) any member of an auxiliary police force established pursuant to § 15.2-1731; and (iii) any special conservator of the peace who meets the certification requirements for a law-enforcement officer as set forth in § 15.2-1706. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff’s office.\n\t\t\t“Special circumstances” may include the existence of an emergency custody order pursuant to § 37.2-808, a temporary detention order pursuant to § 37.2-809, or an involuntary admission order pursuant to § 37.2-817.","order_by":null,"text":{"0":{"id":310622,"text":"Any law-enforcement officer with the powers of arrest may arrest without a warrant for an alleged violation of § 18.2-57.2, 18.2-60.4, or 16.1-253.2 regardless of whether such violation was committed in his presence, if such arrest is based on probable cause or upon personal observations or the reasonable complaint of a person who observed the alleged offense or upon personal investigation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":310623,"text":"A law-enforcement officer having probable cause to believe that a violation of § 18.2-57.2 or 16.1-253.2 has occurred shall arrest and take into custody the person he has probable cause to believe, based on the totality of the circumstances, was the predominant physical aggressor unless there are special circumstances which would dictate a course of action other than an arrest. The standards for determining who is the predominant physical aggressor shall be based on the following considerations: (i) who was the first aggressor, (ii) the protection of the health and safety of family and household members, (iii) prior complaints of family abuse by the allegedly abusing person involving the family or household members, (iv) the relative severity of the injuries inflicted on persons involved in the incident, (v) whether any injuries were inflicted in self-defense, (vi) witness statements, and (vii) other observations.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":310624,"text":"A law-enforcement officer having probable cause to believe that a violation of § 18.2-60.4 has occurred that involves physical aggression shall arrest and take into custody the person he has probable cause to believe, based on the totality of the circumstances, was the predominant physical aggressor unless there are special circumstances which would dictate a course of action other than an arrest. The standards for determining who is the predominant physical aggressor shall be based on the following considerations: (i) who was the first aggressor, (ii) the protection of the health and safety of the person to whom the protective order was issued and the person’s family and household members, (iii) prior acts of violence, force, or threat, as defined in § 19.2-152.7:1, by the person against whom the protective order was issued against the person protected by the order or the protected person’s family or household members, (iv) the relative severity of the injuries inflicted on persons involved in the incident, (v) whether any injuries were inflicted in self-defense, (vi) witness statements, and (vii) other observations.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":310625,"text":"Regardless of whether an arrest is made, the officer shall file a written report with his department, which shall state whether any arrests were made, and if so, the number of arrests, specifically including any incident in which he has probable cause to believe family abuse has occurred, and, where required, including a complete statement in writing that there are special circumstances that would dictate a course of action other than an arrest. The officer shall provide the allegedly abused person or the person protected by an order issued pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10, both orally and in writing, information regarding the legal and community resources available to the allegedly abused person or person protected by the order. Upon request of the allegedly abused person or person protected by the order, the department shall make a summary of the report available to the allegedly abused person or person protected by the order.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":310626,"text":"In every case in which a law-enforcement officer makes an arrest under this section for a violation of § 18.2-57.2, he shall petition for an emergency protective order as authorized in § 16.1-253.4 when the person arrested and taken into custody is brought before the magistrate, except if the person arrested is a minor, a petition for an emergency protective order shall not be required. Regardless of whether an arrest is made, if the officer has probable cause to believe that a danger of acts of family abuse exists, the law-enforcement officer shall seek an emergency protective order under § 16.1-253.4, except if the suspected abuser is a minor, a petition for an emergency protective order shall not be required.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":310627,"text":"A law-enforcement officer investigating any complaint of family abuse, including but not limited to assault and battery against a family or household member shall, upon request, transport, or arrange for the transportation of an abused person to a hospital or safe shelter, or to appear before a magistrate. Any local law-enforcement agency may adopt a policy requiring an officer to transport or arrange for transportation of an abused person as provided in this subsection.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":310628,"text":"The definition of “family or household member” in § 16.1-228 applies to this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":310629,"text":"As used in this section:\n\t\t\t“Law-enforcement officer” means (i) any full-time or part-time employee of a police department or sheriff’s office which is part of or administered by the Commonwealth or any political subdivision thereof, and any campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of this Commonwealth; (ii) any member of an auxiliary police force established pursuant to § 15.2-1731; and (iii) any special conservator of the peace who meets the certification requirements for a law-enforcement officer as set forth in § 15.2-1706. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff’s office.\n\t\t\t“Special circumstances” may include the existence of an emergency custody order pursuant to § 37.2-808, a temporary detention order pursuant to § 37.2-809, or an involuntary admission order pursuant to § 37.2-817.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13638,"edition_id":1,"name":"Arrest","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":170919,"object_type":"structure","relational_id":13638,"identifier":"7","token":"19.2\/7","url":"\/19.2\/7\/","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":57792,"structure_id":13638,"section_number":"19.2-71","catch_line":"Who may issue process of arrest","url":"\/19.2-71\/","token":"19.2\/7\/19.2-71","metadata":false},{"id":56060,"structure_id":13638,"section_number":"19.2-72","catch_line":"When it may issue; what to recite and require","url":"\/19.2-72\/","token":"19.2\/7\/19.2-72","metadata":false},{"id":62110,"structure_id":13638,"section_number":"19.2-73","catch_line":"Issuance of summons instead of warrant in certain cases","url":"\/19.2-73\/","token":"19.2\/7\/19.2-73","metadata":false},{"id":70049,"structure_id":13638,"section_number":"19.2-73.1","catch_line":"Notice of issuance of warrant or summons; appearance; failure to appear","url":"\/19.2-73.1\/","token":"19.2\/7\/19.2-73.1","metadata":false},{"id":83253,"structure_id":13638,"section_number":"19.2-73.2","catch_line":"Law-enforcement officers to issue subpoenas; penalty","url":"\/19.2-73.2\/","token":"19.2\/7\/19.2-73.2","metadata":false},{"id":57508,"structure_id":13638,"section_number":"19.2-74","catch_line":"Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special conservators of the peace","url":"\/19.2-74\/","token":"19.2\/7\/19.2-74","metadata":false},{"id":68524,"structure_id":13638,"section_number":"19.2-74.1","catch_line":"Repealed","url":"\/19.2-74.1\/","token":"19.2\/7\/19.2-74.1","metadata":false},{"id":79219,"structure_id":13638,"section_number":"19.2-75","catch_line":"Copy of process to be left with accused; exception","url":"\/19.2-75\/","token":"19.2\/7\/19.2-75","metadata":false},{"id":80529,"structure_id":13638,"section_number":"19.2-76","catch_line":"Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried","url":"\/19.2-76\/","token":"19.2\/7\/19.2-76","metadata":false},{"id":68951,"structure_id":13638,"section_number":"19.2-76.1","catch_line":"Submission of quarterly reports concerning unexecuted felony and misdemeanor warrants and other criminal process; destruction; dismissal","url":"\/19.2-76.1\/","token":"19.2\/7\/19.2-76.1","metadata":false},{"id":66460,"structure_id":13638,"section_number":"19.2-76.2","catch_line":"Mailing of summons in certain cases","url":"\/19.2-76.2\/","token":"19.2\/7\/19.2-76.2","metadata":false},{"id":83631,"structure_id":13638,"section_number":"19.2-76.3","catch_line":"Failure to appear on return date for summons issued under \u00a7 19.2-76.2","url":"\/19.2-76.3\/","token":"19.2\/7\/19.2-76.3","metadata":false},{"id":61047,"structure_id":13638,"section_number":"19.2-77","catch_line":"Escape, flight and pursuit; arrest anywhere in Commonwealth","url":"\/19.2-77\/","token":"19.2\/7\/19.2-77","metadata":false},{"id":85927,"structure_id":13638,"section_number":"19.2-78","catch_line":"Uniform of officer making arrest","url":"\/19.2-78\/","token":"19.2\/7\/19.2-78","metadata":false},{"id":79468,"structure_id":13638,"section_number":"19.2-79","catch_line":"Arrest by officers of other states of United States","url":"\/19.2-79\/","token":"19.2\/7\/19.2-79","metadata":false},{"id":66672,"structure_id":13638,"section_number":"19.2-80","catch_line":"Duty of arresting officer; bail","url":"\/19.2-80\/","token":"19.2\/7\/19.2-80","metadata":false},{"id":60845,"structure_id":13638,"section_number":"19.2-80.1","catch_line":"When arrested person operating motor vehicle; how vehicle removed from scene of arrest","url":"\/19.2-80.1\/","token":"19.2\/7\/19.2-80.1","metadata":false},{"id":81296,"structure_id":13638,"section_number":"19.2-80.2","catch_line":"Duty of arresting officer; providing magistrate or court with criminal history information","url":"\/19.2-80.2\/","token":"19.2\/7\/19.2-80.2","metadata":false},{"id":60675,"structure_id":13638,"section_number":"19.2-81","catch_line":"Arrest without warrant authorized in certain cases","url":"\/19.2-81\/","token":"19.2\/7\/19.2-81","metadata":false},{"id":62476,"structure_id":13638,"section_number":"19.2-81.1","catch_line":"Arrest without warrant by correctional officers in certain cases","url":"\/19.2-81.1\/","token":"19.2\/7\/19.2-81.1","metadata":false},{"id":62627,"structure_id":13638,"section_number":"19.2-81.2","catch_line":"Power of correctional officers and designated noncustodial employees to detain","url":"\/19.2-81.2\/","token":"19.2\/7\/19.2-81.2","metadata":false},{"id":86739,"structure_id":13638,"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","url":"\/19.2-81.3\/","token":"19.2\/7\/19.2-81.3","metadata":false},{"id":55203,"structure_id":13638,"section_number":"19.2-81.4","catch_line":"Repealed","url":"\/19.2-81.4\/","token":"19.2\/7\/19.2-81.4","metadata":false},{"id":55495,"structure_id":13638,"section_number":"19.2-81.5","catch_line":"Cooperation with a law-enforcement officer","url":"\/19.2-81.5\/","token":"19.2\/7\/19.2-81.5","metadata":false},{"id":72697,"structure_id":13638,"section_number":"19.2-81.6","catch_line":"Authority of law-enforcement officers to arrest illegal aliens","url":"\/19.2-81.6\/","token":"19.2\/7\/19.2-81.6","metadata":false},{"id":61276,"structure_id":13638,"section_number":"19.2-82","catch_line":"Procedure upon arrest without warrant","url":"\/19.2-82\/","token":"19.2\/7\/19.2-82","metadata":false},{"id":56295,"structure_id":13638,"section_number":"19.2-82.1","catch_line":"Giving false identity to law-enforcement officer; penalty","url":"\/19.2-82.1\/","token":"19.2\/7\/19.2-82.1","metadata":false},{"id":84938,"structure_id":13638,"section_number":"19.2-83","catch_line":"Repealed","url":"\/19.2-83\/","token":"19.2\/7\/19.2-83","metadata":false},{"id":78541,"structure_id":13638,"section_number":"19.2-83.1","catch_line":"Report of arrest of school employees and adult students for certain offenses","url":"\/19.2-83.1\/","token":"19.2\/7\/19.2-83.1","metadata":false},{"id":54610,"structure_id":13638,"section_number":"19.2-83.2","catch_line":"Jail officer to ascertain citizenship of inmate","url":"\/19.2-83.2\/","token":"19.2\/7\/19.2-83.2","metadata":false}],"previous_section":{"id":62627,"structure_id":13638,"section_number":"19.2-81.2","catch_line":"Power of correctional officers and designated noncustodial employees to detain","url":"\/19.2-81.2\/","token":"19.2\/7\/19.2-81.2","metadata":false},"next_section":{"id":55203,"structure_id":13638,"section_number":"19.2-81.4","catch_line":"Repealed","url":"\/19.2-81.4\/","token":"19.2\/7\/19.2-81.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-81.3\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 715 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 13 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, chapter 886; in 1995, chapters 413<\/a> and 433<\/a>; in 1996, chapter 866<\/a>; in 1997, chapter 603<\/a>; in 1998, chapter 569<\/a>; in 1999, chapters 697<\/a>, 721<\/a>, and 807<\/a>; in 2002, chapters 810<\/a> and 818<\/a>; in 2004, chapter 1016<\/a>; in 2008, chapters 551<\/a> and 691<\/a>; in 2011, chapters 445<\/a> and 480<\/a>; in 2012, chapters 776<\/a> and 827<\/a>; in 2014, chapters 779<\/a> and 797<\/a>; in 2025, chapters 619<\/a> and 639<\/a>.<\/p>","references":[{"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":54198,"section_number":"9.1-102","catch_line":"Powers and duties of the Board and the Department","order_by":null,"url":"\/9.1-102\/"},{"id":57315,"section_number":"9.1-1300","catch_line":"Domestic violence policies and procedures for law-enforcement agencies in the Commonwealth","order_by":null,"url":"\/9.1-1300\/"}],"refers_to":[{"id":85175,"section_number":"15.2-1706","catch_line":"Certification through training required for all law-enforcement officers; waiver of requirements","order_by":null,"url":"\/15.2-1706\/"},{"id":79396,"section_number":"15.2-1731","catch_line":"Establishment, etc., authorized; powers, authority and immunities generally","order_by":null,"url":"\/15.2-1731\/"},{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":82642,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","order_by":null,"url":"\/16.1-253.2\/"},{"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":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":86834,"section_number":"18.2-60.4","catch_line":"Violation of protective orders; penalty","order_by":null,"url":"\/18.2-60.4\/"},{"id":83461,"section_number":"19.2-152.10","catch_line":"Protective order","order_by":null,"url":"\/19.2-152.10\/"},{"id":81395,"section_number":"19.2-152.7:1","catch_line":"Definitions","order_by":null,"url":"\/19.2-152.7_1\/"},{"id":67602,"section_number":"19.2-152.8","catch_line":"Emergency protective orders authorized","order_by":null,"url":"\/19.2-152.8\/"},{"id":57556,"section_number":"19.2-152.9","catch_line":"Preliminary protective orders","order_by":null,"url":"\/19.2-152.9\/"},{"id":60667,"section_number":"23.1-809","catch_line":"Public institutions of higher education; establishment of campus police departments authorized; employment of officers","order_by":null,"url":"\/23.1-809\/"},{"id":61742,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","order_by":null,"url":"\/37.2-808\/"},{"id":70156,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/37.2-809\/"},{"id":61292,"section_number":"37.2-817","catch_line":"(Effective July 1, 2026) Involuntary admission","order_by":null,"url":"\/37.2-817\/"}],"permalink":{"id":171005,"object_type":"law","relational_id":86739,"identifier":"19.2-81.3","token":"19.2\/7\/19.2-81.3","url":"\/19.2-81.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-81.3\/","token":"19.2\/7\/19.2-81.3","dublin_core":{"Title":"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-81.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any law<\/span>-enforcement officer<\/span> with the powers of arrest<\/span> may arrest<\/span> without a warrant for an alleged violation of § 18.2-57.2<\/a>, 18.2-60.4<\/a>, or 16.1-253.2<\/a> regardless of whether such violation was committed in his presence, if such arrest<\/span> is based on probable cause<\/span> or upon personal observations or the reasonable complaint of a person who observed the alleged offense<\/span> or upon personal investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A law<\/span>-enforcement officer<\/span> having probable cause<\/span> to believe that a violation of § 18.2-57.2<\/a> or 16.1-253.2<\/a> has occurred shall arrest<\/span> and take into custody<\/span> the person he has probable cause<\/span> to believe, based on the totality of the circumstances, was the predominant physical aggressor unless there are special circumstances which would dictate a course of action other than an arrest<\/span>. The standards for determining who is the predominant physical aggressor shall be based on the following considerations: (i) who was the first aggressor, (ii) the protection of the health and safety of family and household members, (iii) prior complaints of family abuse by the allegedly abusing person involving the family or household members, (iv) the relative severity of the injuries inflicted on persons involved in the incident, (v) whether any injuries were inflicted in self-defense, (vi) witness<\/span> statements, and (vii) other observations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A law<\/span>-enforcement officer<\/span> having probable cause<\/span> to believe that a violation of § 18.2-60.4<\/a> has occurred that involves physical aggression shall arrest<\/span> and take into custody<\/span> the person he has probable cause<\/span> to believe, based on the totality of the circumstances, was the predominant physical aggressor unless there are special circumstances which would dictate a course of action other than an arrest<\/span>. The standards for determining who is the predominant physical aggressor shall be based on the following considerations: (i) who was the first aggressor, (ii) the protection of the health and safety of the person to whom the protective order<\/span> was issued and the person’s family and household members, (iii) prior acts of violence, force, or threat, as defined in § 19.2-152.7:1<\/a>, by the person against whom the protective order<\/span> was issued against the person protected by the order<\/span> or the protected person’s family or household members, (iv) the relative severity of the injuries inflicted on persons involved in the incident, (v) whether any injuries were inflicted in self-defense, (vi) witness<\/span> statements, and (vii) other observations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Regardless of whether an arrest<\/span> is made, the officer shall file a written report with his department, which shall state whether any arrests<\/span> were made, and if so, the number of arrests<\/span>, specifically including any incident in which he has probable cause<\/span> to believe family abuse has occurred, and, where required, including a complete statement in writing that there are special circumstances that would dictate a course of action other than an arrest<\/span>. The officer shall provide the allegedly abused person or the person protected by an order<\/span> issued pursuant to § 19.2-152.8<\/a>, 19.2-152.9<\/a>, or 19.2-152.10<\/a>, both orally and in writing, information regarding the legal and community resources available to the allegedly abused person or person protected by the order<\/span>. Upon request of the allegedly abused person or person protected by the order<\/span>, the department shall make a summary of the report available to the allegedly abused person or person protected by the order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In every case in which a law<\/span>-enforcement officer<\/span> makes an arrest<\/span> under this section for a violation of § 18.2-57.2<\/a>, he shall petition<\/span> for an emergency protective order<\/span> as authorized in § 16.1-253.4<\/a> when the person arrested and taken into custody<\/span> is brought before the magistrate<\/span>, except if the person arrested is a minor<\/span>, a petition<\/span> for an emergency protective order<\/span> shall not be required. Regardless of whether an arrest<\/span> is made, if the officer has probable cause<\/span> to believe that a danger of acts of family abuse exists, the law<\/span>-enforcement officer<\/span> shall seek an emergency protective order<\/span> under § 16.1-253.4<\/a>, except if the suspected abuser is a minor<\/span>, a petition<\/span> for an emergency protective order<\/span> shall not be required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A law<\/span>-enforcement officer<\/span> investigating any complaint of family abuse, including but not limited to assault<\/span> and battery<\/span> against a family or household member shall, upon request, transport, or arrange for the transportation of an abused person to a hospital or safe shelter, or to appear before a magistrate<\/span>. Any local law<\/span>-enforcement agency may adopt a policy requiring an officer to transport or arrange for transportation of an abused person as provided in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The definition of “family or household member” in § 16.1-228<\/a> applies to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> As used in this section:\n\t\t\t“Law<\/span>-enforcement officer<\/span>” means (i) any full-time or part-time employee of a police department or sheriff’s office which is part of or administered by the Commonwealth or any political subdivision thereof, and any campus police officer appointed under Article 3 (§ 23.1-809<\/a> et seq.) of Chapter 8 of Title 23.1, and who is responsible for the prevention and detection of crime<\/span> and the enforcement of the penal, traffic or highway laws<\/span> of this Commonwealth; (ii) any member of an auxiliary police force established pursuant to § 15.2-1731<\/a>; and (iii) any special conservator of the peace who meets the certification requirements for a law<\/span>-enforcement officer<\/span> as set forth in § 15.2-1706<\/a>. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff’s office.\n\t\t\t“Special circumstances” may include the existence of an emergency custody<\/span> order<\/span> pursuant to § 37.2-808<\/a>, a temporary detention order<\/span> pursuant to § 37.2-809<\/a>, or an involuntary admission order<\/span> pursuant to § 37.2-817<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nARREST WITHOUT A WARRANT AUTHORIZED IN CASES OF ASSAULT AND BATTERY AGAINST A\nFAMILY OR HOUSEHOLD MEMBER AND STALKING AND FOR VIOLATIONS OF PROTECTIVE ORDERS;\nPROCEDURE, ETC (\u00a7 19.2-81.3)\n\nA. Any law-enforcement officer with the powers of arrest may arrest without a\nwarrant for an alleged violation of § 18.2-57.2, 18.2-60.4, or 16.1-253.2\nregardless of whether such violation was committed in his presence, if such\narrest is based on probable cause or upon personal observations or the\nreasonable complaint of a person who observed the alleged offense or upon\npersonal investigation.\n\nB. A law-enforcement officer having probable cause to believe that a violation\nof § 18.2-57.2 or 16.1-253.2 has occurred shall arrest and take into\ncustody the person he has probable cause to believe, based on the totality of\nthe circumstances, was the predominant physical aggressor unless there are\nspecial circumstances which would dictate a course of action other than an\narrest. The standards for determining who is the predominant physical aggressor\nshall be based on the following considerations: (i) who was the first aggressor,\n(ii) the protection of the health and safety of family and household members,\n(iii) prior complaints of family abuse by the allegedly abusing person involving\nthe family or household members, (iv) the relative severity of the injuries\ninflicted on persons involved in the incident, (v) whether any injuries were\ninflicted in self-defense, (vi) witness statements, and (vii) other\nobservations.\n\nC. A law-enforcement officer having probable cause to believe that a violation\nof § 18.2-60.4 has occurred that involves physical aggression shall arrest\nand take into custody the person he has probable cause to believe, based on the\ntotality of the circumstances, was the predominant physical aggressor unless\nthere are special circumstances which would dictate a course of action other\nthan an arrest. The standards for determining who is the predominant physical\naggressor shall be based on the following considerations: (i) who was the first\naggressor, (ii) the protection of the health and safety of the person to whom\nthe protective order was issued and the person’s family and household\nmembers, (iii) prior acts of violence, force, or threat, as defined in §\n19.2-152.7:1, by the person against whom the protective order was issued against\nthe person protected by the order or the protected person’s family or\nhousehold members, (iv) the relative severity of the injuries inflicted on\npersons involved in the incident, (v) whether any injuries were inflicted in\nself-defense, (vi) witness statements, and (vii) other observations.\n\nD. Regardless of whether an arrest is made, the officer shall file a written\nreport with his department, which shall state whether any arrests were made, and\nif so, the number of arrests, specifically including any incident in which he\nhas probable cause to believe family abuse has occurred, and, where required,\nincluding a complete statement in writing that there are special circumstances\nthat would dictate a course of action other than an arrest. The officer shall\nprovide the allegedly abused person or the person protected by an order issued\npursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10, both orally and in\nwriting, information regarding the legal and community resources available to\nthe allegedly abused person or person protected by the order. Upon request of\nthe allegedly abused person or person protected by the order, the department\nshall make a summary of the report available to the allegedly abused person or\nperson protected by the order.\n\nE. In every case in which a law-enforcement officer makes an arrest under this\nsection for a violation of § 18.2-57.2, he shall petition for an emergency\nprotective order as authorized in § 16.1-253.4 when the person arrested and\ntaken into custody is brought before the magistrate, except if the person\narrested is a minor, a petition for an emergency protective order shall not be\nrequired. Regardless of whether an arrest is made, if the officer has probable\ncause to believe that a danger of acts of family abuse exists, the\nlaw-enforcement officer shall seek an emergency protective order under §\n16.1-253.4, except if the suspected abuser is a minor, a petition for an\nemergency protective order shall not be required.\n\nF. A law-enforcement officer investigating any complaint of family abuse,\nincluding but not limited to assault and battery against a family or household\nmember shall, upon request, transport, or arrange for the transportation of an\nabused person to a hospital or safe shelter, or to appear before a magistrate.\nAny local law-enforcement agency may adopt a policy requiring an officer to\ntransport or arrange for transportation of an abused person as provided in this\nsubsection.\n\nG. The definition of “family or household member” in § 16.1-228\napplies to this section.\n\nH. As used in this section:\n\t\t\t“Law-enforcement officer” means (i) any full-time or part-time\nemployee of a police department or sheriff’s office which is part of or\nadministered by the Commonwealth or any political subdivision thereof, and any\ncampus police officer appointed under Article 3 (§ 23.1-809 et seq.) of\nChapter 8 of Title 23.1, and who is responsible for the prevention and detection\nof crime and the enforcement of the penal, traffic or highway laws of this\nCommonwealth; (ii) any member of an auxiliary police force established pursuant\nto § 15.2-1731; and (iii) any special conservator of the peace who meets\nthe certification requirements for a law-enforcement officer as set forth in\n§ 15.2-1706. Part-time employees are compensated officers who are not\nfull-time employees as defined by the employing police department or\nsheriff’s office.\n\t\t\t“Special circumstances” may include the existence of an emergency\ncustody order pursuant to § 37.2-808, a temporary detention order pursuant\nto § 37.2-809, or an involuntary admission order pursuant to §\n37.2-817.\n\nHISTORY: 1991, c. 715; 1992, c. 886; 1995, cc. 413, 433; 1996, c. 866; 1997, c.\n603; 1998, c. 569; 1999, cc. 697, 721, 807; 2002, cc. 810, 818; 2004, c. 1016;\n2008, cc. 551, 691; 2011, cc. 445, 480; 2012, cc. 776, 827; 2014, cc. 779, 797;\n2025, cc. 619, 639.","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}}