                                 CODE OF VIRGINIA

ASSAULT AND BATTERY AGAINST A FAMILY OR HOUSEHOLD MEMBER; PENALTY (§ 18.2-57.2)

A. Any person who commits an assault and battery against a family or household
member is guilty of a Class 1 misdemeanor.

B. Upon a conviction for assault and battery against a family or household
member, where it is alleged in the warrant, petition, information, or indictment
on which a person is convicted, that such person has been previously convicted
of two offenses against a family or household member of (i) assault and battery
against a family or household member in violation of this section, (ii)
malicious wounding or unlawful wounding in violation of &#xA7; 18.2-51, (iii)
aggravated malicious wounding in violation of &#xA7; 18.2-51.2, (iv) malicious
bodily injury by means of a substance in violation of &#xA7; 18.2-52, (v)
strangulation in violation of &#xA7; 18.2-51.6, or (vi) an offense under the law
of any other jurisdiction which has the same elements of any of the above
offenses, in any combination, all of which occurred within a period of 20 years,
and each of which occurred on a different date, such person is guilty of a Class
6 felony.

C. Whenever a warrant for a violation of this section is issued, the magistrate
shall issue an emergency protective order as authorized by &#xA7; 16.1-253.4,
except if the defendant is a minor, an emergency protective order shall not be
required.

D. The definition of &#8220;family or household member&#8221; in &#xA7; 16.1-228
applies to this section.

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.