§ 18.2-57.2. Assault and battery against a family or household member. Any person who commits an assault and battery against a family or household member shall be guilty of a Class 1 misdemeanor. If convicted previously of two offenses against a family or household member of assault and battery against a family or household member or other offenses (see full statute), such person is guilty of a Class 6 felony.
§ 18.2-57.3. Persons charged with first offense of assault and battery against a family or household member may be placed on probation; conditions; education and treatment programs; costs and fees; violations; discharge. When a person is charged with first offense of assault and battery against a family or household member, the court may defer the proceedings against such person without a finding of guilt and place him on probation under the terms of this section. Where local community-based probation services are available, the court may order the defendant to complete all treatment, education programs, and services indicated by an assessment or evaluation by the local community-based probation services agency. Upon fulfillment of the terms and conditions specified by the court, the court shall discharge the person and dismiss proceedings against him.
§ 18.2-60.3. Stalking; penalty. Any person, who on more than one occasion engages in conduct directed at another, when he knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person's family or household member is guilty of a Class 1 misdemeanor. Upon finding a person guilty of stalking, a court may issue an order prohibiting contact between the defendant and the victim or the victim’s family or household members.
§ 18.2-60.4. Violation of stalking protective orders; penalty. Any person who violates any provision of a protective order is guilty of a Class 1 misdemeanor. In addition, a court will enter a new protective order for a period not to exceed two years. This order may prohibit such contacts as the court deems necessary in order to assure the health and safety of the victim, or provide any other relief necessary to prevent similar criminal offenses.
§ 18.2-61. Rape. Any person who has sexual intercourse—or forces someone else to have sexual intercourse—with a complaining witness by force, threat, or intimidation, or takes advantage of the complaining witness’s mental incapacity or physical helplessness, or with a child under age thirteen as the victim, he or she shall be guilty of rape. Rape is a felony punishable by a maximum sentence of life in prison.
§ 18.2-67.3. Aggravated sexual battery. Aggravated sexual battery occurs when the complaining witness is under 13 years old, mentally incapacitated, or physically helpless, or if the offense is committed by a parent, step-parent, grandparent, or step-grandparent if the complaining witness is 13 through 17 years of age, or the act is done through force, intimidation, or threat, and the witness is between the age of 13 and 15, the accused causes serious bodily harm to the complaining witness, or the accused used or threatened to use a deadly weapon. Aggravated sexual battery is a felony punished by a maximum of 20 years in jail or fine of $100,000.
§ 18.2-67.4. Sexual battery. Sexual battery occurs when the accused sexually abuses the alleged victim against his or her will by force, threat, intimidation or ruse. Sexual battery is a class 1 misdemeanor.
§ 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalty. It is unlawful for any person who is subject to (i) a protective order to purchase or transport a firearm while the protective order is in effect. A violation of this statute is a class 1 misdemeanor.
Civil Statutes and Protective Orders in Cases of Family Abuse
§ 16.1-228. Definitions. "Family abuse" means any act involving violence, force, or threat including, but not limited to, any forceful detention, which results in bodily injury or places one in reasonable apprehension of bodily injury and which is committed by a person against such person's family or household member.
"Family or household member" means:
§ 16.1-253.1. Preliminary protective orders in cases of family abuse; confidentiality. A court may issue a preliminary protective order against an allegedly abusing person in order to protect the health and safety of the petitioner or any family or household member of the petitioner. A court may extend a preliminary protective order where the party subject to the order fails to attend the hearing because he was not personally served. The extended protective order must be served as soon as possible and the extension period is limited to six months. A preliminary protective order may impose a wide range of conditions on the alleged abuser, including prohibiting specific acts of abuse and contacts with the complainant.
Effective July 1, 2009, evidence that the petitioner has been subjected to family abuse within a reasonable time and evidence of immediate and present danger of family abuse may be established by a showing that (i) the allegedly abusing person is incarcerated and is to be released from incarceration within 30 days following the petition or has been released from incarceration within 30 days prior to the petition, (ii) the crime for which the allegedly abusing person was convicted and incarcerated involved family abuse against the petitioner, and (iii) the allegedly abusing person has made threatening contact with the petitioner while he was incarcerated, exhibiting a renewed threat to the petitioner of family abuse.
§ 16.1-253.2. Violation of provisions of protective orders; penalty. Violation of a protective order is a Class 1 misdemeanor. It is a Class 6 felony if the violator causes serious bodily injury to any party protected by the order. A person who violates a protective order by furtively entering the home of any protected party while the party is present, or by entering and remaining in the home of the protected party until the party arrives, is guilty of a Class 6 felony, in addition to any other penalty provided by law.
The punishment for any person convicted of a second offense of violating a protective order, when the offense is committed within five years of the prior conviction and when either the instant or prior offense was based on an act or threat of violence, shall include a mandatory minimum term of confinement of 60 days. Any person convicted of a third offense of violating a protective order, when the offense is committed within 20 years of the first conviction and when either the instant or one of the prior offenses was based on an act or threat of violence is guilty of a Class 6 felony and the punishment shall include a mandatory minimum term of confinement of six months.
There is a rebuttable presumption that bail should be denied to any person charged with a second or subsequent violation of a protective order. It is a Class 6 felony if the violator causes serious bodily injury to any party protected by the order. A person who violates a protective order by furtively entering the home of any protected party while the party is present, or by entering and remaining in the home of the protected party until the party arrives, is guilty of a Class 6 felony, in addition to any other penalty provided by law.
§ 16.1-253.4. Emergency protective orders authorized in certain cases; penalty. Any magistrate or judge of appropriate jurisdiction can issue an emergency protective order to protect the health or safety of any person upon an assertion of abuse under oath by a law enforcement officer or the alleged abuser.
When the judge or magistrate considers the issuance of an emergency protective order pursuant to clause (i) of this subsection, he shall presume that there is probable danger of further acts of family abuse against a family or household member by the respondent unless the presumption is rebutted by the allegedly abused person.
In addition, when issuing an emergency protective order under this section, the judge or magistrate shall provide the protected person or the law-enforcement officer seeking the emergency protective order with the form for use in filing petitions pursuant to § 16.1-253.1 and written information regarding protective orders that shall include the telephone numbers of domestic violence agencies and legal referral sources on a form prepared by the Supreme Court. If these forms are provided to a law-enforcement officer, the officer may provide these forms to the protected person when giving the emergency protective order to the protected person.
An emergency protective order shall expire at the end of the third day following issuance. If the expiration occurs at a time that the court is not in session, the emergency protective order shall be extended until the end of the next business day that the juvenile and domestic relations district court is in session.
§ 16.1-279.1. Protective order in cases of family abuse. A court has wide discretion to issue a protective order to protect the alleged victim or her family or household members. If a protective order is issued the court may also issue a temporary child support order for the support of any children of the petitioner whom the respondent has a legal obligation to support. The protective order may be issued for a specified period of time; however, unless otherwise authorized by law, a protective order may not be issued under this section for a period longer than two years.
When a protective order is issued, the court shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer identifying information provided to the court electronically to the Virginia Criminal Information Network system. A copy of a protective order shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders.
Effective July 1, 2009, evidence that the petitioner has been subjected to family abuse within a reasonable time and evidence of immediate and present danger of family abuse may be established by a showing that (i) the allegedly abusing person is incarcerated and is to be released from incarceration within 30 days following the petition or has been released from incarceration within 30 days prior to the petition, (ii) the crime for which the allegedly abusing person was convicted and incarcerated involved family abuse against the petitioner, and (iii) the allegedly abusing person has made threatening contact with the petitioner while he was incarcerated, exhibiting a renewed threat to the petitioner of family abuse.
§ 16.1-279.1E. Full Faith And Credit for Protective Orders. A law-enforcement officer may, in the performance of his duties, rely upon a copy of an out-of-state protective order or other suitable evidence which has been provided to him by any source and may also rely upon the statement of any person protected by the order that the order remains in effect.
Protective Orders in Cases of Stalking, Sexual Battery, and Serious Bodily Injury
§ 19.2-152.8. Emergency protective orders authorized in cases of stalking and acts of violence. When a law-enforcement officer or an alleged victim of stalking or a criminal offense resulting in a serious bodily injury asserts to that such a crime has occurred and the judge or magistrate finds that there is probable danger of a further such offense and a warrant for the arrest of the respondent has been issued, the judge or magistrate will issue an emergency protective order that prohibits acts of stalking or other harmful contacts with the victim.
Effective July 1, 2009,the protective order statute is expanded to authorize emergency protective orders in cases of sexual battery. When a law-enforcement officer or an alleged victim of sexual battery in violation of § 18.2-67.4 or aggravated sexual battery in violation of § 18.2-67.3 asserts under oath to a judge or magistrate that such person is being or has been subjected to sexual battery or aggravated sexual battery and the judge or magistrate finds that there is probable danger of a further such offense and a warrant for the arrest of the respondent has been issued, the judge or magistrate shall issue an ex parte emergency protective order that prohibits acts of sexual battery or other harmful contacts with the victim.
§ 19.2-152.9. Preliminary protective orders in cases of stalking and acts of violence. The court may issue a preliminary protective order against the alleged perpetrator in order to protect the health and safety of the petitioner or any family or household member of the petitioner, when the petitioner files a petition alleging stalking or a criminal offense resulting in a serious bodily injury to the petitioner, and a warrant has been issued for the arrest of the alleged perpetrator of such act or acts.
A court may extend a preliminary protective order where the party subject to the order fails to attend the hearing because he was not personally served. The extended protective order must be served as soon as possible on the respondent. The extension period is limited to six months.
Effective July 1, 2009, the protective order statute is expanded to authorize preliminary protective orders in cases of sexual battery. The court may issue a preliminary protective order against the alleged perpetrator in order to protect the health and safety of the petitioner or any family or household member of the petitioner, when the petitioner files a petition alleging sexual battery or aggravated sexual battery by the respondent, and a warrant has been issued for the arrest of the alleged perpetrator of such act or acts.
§ 19.2-152.10. Protective order in cases of stalking and acts of violence. The court may issue a protective order to protect the health and safety of the petitioner and family or household members of a petitioner as a result of a warrant for a criminal offense causing serious bodily injury to the petitioner or stalking, a conviction for a like crime, or a proper hearing. The protective order may be issued for a specified period of time; however, unless otherwise authorized by law, a protective order may not be issued under this section for a period longer than two years.
When a protective order is issued, the court shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer identifying information provided to the court electronically to the Virginia Criminal Information Network system. A copy of a preliminary protective order and an addendum containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders.
Effective July 1, 2009, the protective order statute is expanded to authorize protective orders in cases of sexual battery. The court may issue a protective order to protect the health and safety of the petitioner and family or household members of a petitioner as a result of a warrant for sexual battery or aggravated sexual battery, a conviction for a like crime, or a proper hearing. The protective order may be issued for a specified period of time; however, unless otherwise authorized by law, a protective order may not be issued under this section for a period longer than two years.
Arrest and Polygraph Procedures
§ 19.2-81.3. 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. A law-enforcement officer who has probable cause 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.
§ 19.2-9.1. Written notice required for complaining witness who is requested to take polygraph test. No law-enforcement officer, attorney for the Commonwealth, or other government official shall ask or require a victim of an alleged sex offense to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such an offense. If a victim is requested to submit to a polygraph examination during the course of a criminal investigation, such victim shall be informed in writing prior to the examination that (i) the examination is voluntary, (ii) the results thereof are inadmissible as evidence, (iii) the agreement of the complaining witness to submit thereto shall not be the sole condition for initiating or continuing the criminal investigation, and (iv) the refusal of a victim to submit to such an examination shall not prevent the investigation, charging, or prosecution of the offense.
Address Confidentiality Program
§ 2.2-515.2. Address Confidentiality Program. The Address Confidentiality Program protects victims of domestic violence by authorizing the use of a designated, confidential address for such victims in lieu of their physical address. An individual who is at least 18 years of age, a parent or guardian acting on behalf of a minor, a guardian acting on behalf of an incapacitated person, or an emancipated minor may apply to the Office of the Attorney General to have an address designated by the Office of the Attorney General as the applicant's address for mail and service of process.
As of July 1, 2008, the Program is limited in its application to theCounties of Albemarle, Arlington, Augusta, Dickenson, Fairfax, Henry, Lee, Rockbridge, Russell, Scott, Washington, and Wise, and the Cities of Buena Vista, Charlottesville, Lexington, Martinsville, Norfolk, and Roanoke.
§ 19.2-165.1. Payment of medical fees in certain criminal cases; reimbursement. All medical fees expended in the gathering of evidence through physical evidence recovery kit (“PERK”) examinations conducted on victims complaining of sexual assault shall be paid by the Commonwealth. Victims complaining of sexual assault shall not be required to participate in the criminal justice system or cooperate with law-enforcement authorities in order to be provided with such forensic medical exams. Upon conviction of the defendant in any case requiring the payment of medical fees pursuant to this section, the court shall order that the defendant reimburse the Commonwealth for payment of such fees.
Requirement of a coordinated, multidisciplinary response to criminal sexual assault. Effective July 1, 2009, the attorney for the Commonwealth in each political subdivision in the Commonwealth shall coordinate the establishment of a multidisciplinary response to criminal sexual assault, and hold a meeting, at least annually, to: (i) discuss implementation of protocols and policies for sexual assault response teams consistent with those established by the Department of Criminal Justice Services; and (ii) establish and review guidelines for the community's response, including the collection, preservation, and secure storage of evidence from Physical Evidence Recovery Kit (PERK) examinations.