                                 CODE OF VIRGINIA

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 (§ 19.2-81.3)

A. Any law-enforcement officer with the powers of arrest may arrest without a
warrant for an alleged violation of &#xA7; 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. A law-enforcement officer having probable cause to believe that a violation
of &#xA7; 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. A law-enforcement officer having probable cause to believe that a violation
of &#xA7; 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&#8217;s family and household
members, (iii) prior acts of violence, force, or threat, as defined in &#xA7;
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&#8217;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. 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 &#xA7; 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. In every case in which a law-enforcement officer makes an arrest under this
section for a violation of &#xA7; 18.2-57.2, he shall petition for an emergency
protective order as authorized in &#xA7; 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 &#xA7;
16.1-253.4, except if the suspected abuser is a minor, a petition for an
emergency protective order shall not be required.

F. 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.

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

H. As used in this section:
			&#8220;Law-enforcement officer&#8221; means (i) any full-time or part-time
employee of a police department or sheriff&#8217;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 (&#xA7; 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 &#xA7; 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
&#xA7; 15.2-1706. Part-time employees are compensated officers who are not
full-time employees as defined by the employing police department or
sheriff&#8217;s office.
			&#8220;Special circumstances&#8221; may include the existence of an emergency
custody order pursuant to &#xA7; 37.2-808, a temporary detention order pursuant
to &#xA7; 37.2-809, or an involuntary admission order pursuant to &#xA7;
37.2-817.

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.