                                 CODE OF VIRGINIA

HEARING BEFORE JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT REQUIRED FOR
PERSONS ACCUSED OF CERTAIN VIOLATIONS AGAINST THEIR SPOUSES (§ 19.2-218.2)

A. In any case involving a violation of &#xA7; 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 &#xA7; 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 &#xA7; 19.2-218.1.

B. 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.

HISTORY: 1986, c. 516; 2005, c. 631.