2006 Code of Virginia § 19.2-218.2 - Hearing before juvenile and domestic relations district court required for persons accused of certa...

19.2-218.2. Hearing before juvenile and domestic relations district courtrequired for persons accused of certain violations against their spouses.

A. In any case involving a violation of 18.2-61, 18.2-67.1, or 18.2-67.2where the complaining witness is the spouse of the accused, where apreliminary hearing pursuant to 19.2-218.1 has not been held prior toindictment or trial, the court shall refer the case to the appropriatejuvenile and domestic relations district court for a hearing to determinewhether counseling or therapy is appropriate prior to further dispositionunless the hearing is waived in writing by the accused. The court conductingthis hearing may order counseling or therapy for the accused in compliancewith the guidelines set forth in 19.2-218.1.

B. After such hearing pursuant to which the accused has completed counselingor therapy and upon the recommendation of the juvenile and domestic relationsdistrict court judge conducting the hearing, the judge of the circuit courtmay dismiss the charge with the consent of the attorney for the Commonwealthand if the court finds such action will promote maintenance of the familyunit and be in the best interest of the complaining witness.

(1986, c. 516; 2005, c. 631.)