Domestic Assault and Battery

Code of Virginia § 18.2-57.2 is Virginia’s domestic assault and battery statute; it is a Class 1 misdemeanor. However, a third domestic violence conviction within 20 years is a Class 6 felony. The offense requires the assault and battery occur between family or household members. Virginia has a mandatory arrest requirement for domestic assault and battery situations. Any responding law enforcement officer must arrest the primary aggressor of any domestic assault and battery incident. State law also requires the issuance of a 72-hour emergency protective order along with any arrest warrant for domestic assault and battery. A conviction for domestic assault and battery has collateral consequences on the right to possess a firearm.