2006 Code of Virginia § 18.2-57.2 - Assault and battery against a family or household member; penalty

18.2-57.2. Assault and battery against a family or household member;penalty.

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

B. Upon a conviction for assault and battery against a family or householdmember, where it is alleged in the warrant, information, or indictment onwhich a person is convicted, that such person has been previously convictedof two offenses against a family or household member of (i) assault andbattery against a family or household member in violation of this section,(ii) malicious wounding in violation of 18.2-51, (iii) aggravated maliciouswounding in violation of 18.2-51.2, (iv) malicious bodily injury by meansof a substance in violation of 18.2-52, or (v) an offense under the law ofany other jurisdiction which has the same elements of any of the aboveoffenses, in any combination, all of which occurred within a period of 20years, and each of which occurred on a different date, such person is guiltyof a Class 6 felony.

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

D. The definition of "family or household member" in 16.1-228 applies tothis section.

(1991, c. 238; 1992, cc. 526, 886; 1996, c. 866; 1997, c. 603; 1999, cc. 697,721, 807; 2004, cc. 448, 738.)


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