Domestic Assault Under the VA Code: Penalties & Protective Orders

Domestic assault in Virginia is prosecuted under Code § 18.2-57.2 as a distinct offense from ordinary assault, punished as a Class 1 misdemeanor for a first offense and a Class 6 felony for anyone with two qualifying priors in the past 20 years. A conviction can mean up to 12 months in jail on a first offense or one to five years in prison for the felony version, and it brings a lifetime federal firearms ban, possible deportation for non-citizens, and a permanent record that Virginia’s new sealing law, effective July 1, 2026, specifically excludes from relief.

Who Counts as a Family or Household Member

The charge only applies when the accused and the alleged victim share a relationship defined by § 16.1-228. That list is broader than people expect.

Spouses and former spouses, whether or not they still live together.
Parents, stepparents, children, stepchildren, siblings, half-siblings, grandparents, and grandchildren, whether or not they share a home.
In-laws, but only if they live in the same household.
Anyone who shares a child with the accused, even if they never married or lived together.
Current cohabitants, plus anyone who lived with the accused within the past 12 months, along with any children of either person residing in the home.

The cohabitant category generates the most disputes. Courts look at shared finances, length of cohabitation, and whether the relationship was romantic or familial. Two roommates splitting rent with no personal relationship may not qualify. An unmarried couple who broke up and moved apart within the last year almost certainly does.

Penalties for a First Offense

A first conviction under § 18.2-57.2 is a Class 1 misdemeanor, the most serious misdemeanor grade in Virginia.¹ The maximum is up to 12 months in jail and a fine of up to $2,500, or both.² Judges have wide discretion within that range. Many first-time offenders receive probation, a suspended jail sentence, or both, though the outcome turns on the severity of any injuries, the circumstances, and the defendant’s record.

Even without jail time, a first conviction still carries weight. It creates a permanent criminal record, triggers a federal lifetime firearms ban, and counts as one of the two priors needed to escalate a future charge to a felony.

Felony Charges for Repeat Offenders

The offense becomes a Class 6 felony when the accused has two or more prior convictions for qualifying offenses against a family or household member within a 20-year window.¹ Qualifying priors are not limited to domestic assault. Malicious wounding, unlawful wounding, aggravated malicious wounding, malicious bodily injury by means of a substance, and strangulation all count, along with equivalent offenses from other states.

A Class 6 felony carries one to five years in prison. At the court’s discretion, the judge may instead impose up to 12 months in jail and a $2,500 fine. Each prior must have occurred on a different date, and prosecutors must prove the priors beyond a reasonable doubt to elevate the charge. A decade-old conviction can still trigger the escalation.

Strangulation as a Related Felony

Virginia separately criminalizes strangulation and suffocation under § 18.2-51.6. Applying pressure to someone’s neck that impedes blood circulation or breathing, or blocking their airway, is a Class 6 felony carrying one to five years in prison.³ This charge does not require a family or household relationship, but in domestic cases it is frequently charged alongside or instead of domestic assault.

A strangulation conviction also counts as a qualifying prior under § 18.2-57.2, moving the person one step closer to felony-level domestic assault if there is a future offense.¹ Prosecutors in cases involving choking or suffocation almost always pursue this charge because it carries felony weight from the first offense, regardless of history.

Deferred Disposition for First-Time Offenders

Virginia Code § 18.2-57.3 allows judges to defer proceedings for certain first-time offenders, placing them on probation instead of entering a conviction immediately.⁴ To qualify, the person must have been an adult at the time of the offense, have no prior domestic violence conviction, have never previously received a deferral under this section, and must plead guilty or have the court find sufficient evidence to support guilt.

During the deferral period, the defendant typically must complete a court-approved batterer intervention program and comply with probation conditions. Successful completion results in the court dismissing the charge without an adjudication of guilt. Failure to comply results in the court entering a guilty finding and sentencing on the original charge.

The dismissal is not as clean as it sounds. The statute treats a deferral as a conviction for purposes of applying the same statute to any future charge. Charges dismissed through this process cannot be expunged under § 19.2-392.2.⁴ And Virginia’s new sealing law taking effect July 1, 2026, lists both § 18.2-57.2 and § 18.2-57.3 among the offenses ineligible for sealing.⁵ The charge remains visible on your record after a successful deferral, which matters for background checks, employment, and licensing.

Protective Orders

Virginia provides three tiers of protective orders in domestic cases. They differ in how fast they can be issued, how long they last, and what they restrict.

Emergency Protective Orders

An EPO is the fastest form of relief. Any judge or magistrate can issue one at any time, including nights and weekends, based on a sworn statement from the alleged victim or law enforcement.⁶ It takes effect immediately and can prohibit contact, ban the respondent from the shared residence, and grant temporary possession of a companion animal to the petitioner.

An EPO expires at 11:59 p.m. on the third day after issuance. If that day falls when court is not in session, it extends to 11:59 p.m. on the next day the juvenile and domestic relations district court is open.⁶ A magistrate must issue an EPO automatically whenever a warrant is issued for domestic assault under § 18.2-57.2, unless the defendant is a minor.¹

Preliminary and Final Protective Orders

If protection is needed beyond the EPO, the victim can seek a preliminary protective order. A PPO is issued by a judge and lasts until a full hearing, which must be scheduled within 15 days of the PPO’s issuance.⁷ The respondent must be formally served and gets a chance to appear and contest. Courts can impose broader restrictions at this stage, including temporary child custody and firearm surrender.

After the hearing, the judge may issue a final protective order, which can last up to two years and may include stay-away provisions, custody arrangements, and a firearm ban. Violating a protective order is a criminal offense, and under federal law a Virginia order must be recognized and enforced in every other state.⁸ Moving across state lines does not eliminate enforceability.

Firearm Restrictions

State and federal firearm restrictions operate differently depending on whether a person is under a protective order or has been convicted.

State Restrictions Under Protective Orders

Virginia Code § 18.2-308.1:4 creates a two-tier system.⁹ Anyone subject to any protective order, including an EPO or PPO, is prohibited from purchasing or transporting a firearm while the order is in effect. Violating this is a Class 1 misdemeanor.

Under a final protective order, it becomes illegal to even possess a firearm. The court will order the person to surrender all firearms to law enforcement, sell them to a licensed dealer, or transfer them to an eligible private party within 24 hours of being served. Knowingly possessing a firearm in violation of a final order is a Class 6 felony carrying one to five years in prison.⁹ Anyone with a concealed handgun permit must surrender it to the court for the duration of the order.

Federal Firearm Ban After Conviction

A conviction under § 18.2-57.2 triggers a permanent federal firearms prohibition under 18 U.S.C. § 922(g)(9). The statute bars anyone convicted of a misdemeanor crime of domestic violence from shipping, transporting, possessing, or receiving any firearm or ammunition.¹⁰ There is no automatic path to restore these rights, and the ban applies even though the underlying Virginia offense is a misdemeanor.

The federal ban has no exception for law enforcement or military personnel. Anyone with a qualifying conviction cannot legally possess a firearm even while on duty.¹¹ For officers and service members, that effectively ends any role requiring them to carry. Federal violations carry substantial prison time under 18 U.S.C. § 924.¹²

The Arrest and Court Process

Virginia law authorizes officers to arrest someone for domestic assault without a warrant when they have probable cause, based on their own observations, an investigation, or a witness complaint. After arrest, the person goes before a magistrate who decides on bond or continued custody. Courts routinely impose pretrial conditions like no-contact orders and restrictions on returning to the shared residence.

Misdemeanor cases are heard in General District Court; felony charges go to Circuit Court. Prosecutors must prove the charge beyond a reasonable doubt, typically using medical records, 911 recordings, photographs of injuries, and witness testimony.

One point confuses many defendants and victims: the alleged victim cannot drop the charges. Once the Commonwealth’s Attorney takes over, only the prosecutor or the court can dismiss the case. A victim who recants or refuses to cooperate may weaken the case, but the prosecutor can proceed without their participation if other evidence supports the charge. Sentencing may include incarceration, fines, probation, and mandatory completion of a batterer intervention program, which typically costs the defendant several hundred dollars out of pocket.

Immigration Consequences for Non-Citizens

A domestic assault conviction can be devastating for a non-citizen. Under federal immigration law, any non-citizen convicted of a “crime of domestic violence” is deportable, regardless of status or length of residence.¹³ The statute defines this broadly to include any crime of violence against a spouse, former spouse, someone who shares a child with the offender, a cohabitant, or anyone else protected under state domestic violence laws.

A conviction can also make a non-citizen inadmissible if they leave and try to return, because it may be classified as a crime involving moral turpitude. Violating a protective order can independently trigger deportation if the court finds conduct involving credible threats of violence or bodily injury.¹³

Federal law provides a narrow waiver for non-citizens who were themselves battered or subjected to extreme cruelty and were not the primary aggressor, including situations involving self-defense, violation of a protective order meant to protect them, or an offense that did not result in serious bodily injury and was connected to the abuse they experienced. Anyone in this situation should consult an immigration attorney before deciding to plead guilty, accept a deferred disposition, or go to trial, because the choice can be irreversible.

Record Sealing and Expungement

Options for clearing a domestic assault record are narrow. Traditional expungement under § 19.2-392.2 is available only when charges are dismissed outright or the defendant is acquitted at trial.¹⁴ A conviction, a guilty plea, and even a successful deferred disposition under § 18.2-57.3 do not qualify.

Virginia’s new record-sealing law, § 19.2-392.12, takes effect July 1, 2026, and opens sealing to roughly 90 percent of misdemeanors and many Class 5 and Class 6 felonies. Domestic assault is one of the carve-outs. The statute lists both § 18.2-57.2 and § 18.2-57.3 among the offenses ineligible for sealing.⁵ Protective order violations are also excluded. A domestic assault conviction or deferred dismissal will remain visible on background checks indefinitely, with no statutory mechanism to seal or expunge it.

The practical takeaway: the only way to avoid a permanent domestic assault record in Virginia is to have the charges dismissed before any plea or finding of guilt, or to be acquitted at trial. Once any form of guilt is acknowledged, the record stays.

Federal Protections for Victims

Federal law adds several protections beyond Virginia’s criminal statutes. The Violence Against Women Act prohibits landlords in federally assisted housing programs from evicting a tenant, denying admission, or terminating housing assistance because the person is or was a victim of domestic violence.¹⁵ An incident of domestic violence cannot be treated as a lease violation by the victim. Housing providers can use lease bifurcation to remove the abuser without displacing the victim, and victims can request an emergency transfer to a safer unit.

Federal law also makes it a crime to cross state lines with the intent to injure, harass, or intimidate a spouse or intimate partner. Under 18 U.S.C. § 2261, penalties range up to life in prison if the victim dies, up to 20 years for permanent disfigurement or life-threatening injury, and up to five years in other cases.¹⁶ Forcing a partner to travel across state lines through coercion or fraud carries the same penalties. Federal charges can be filed on top of any Virginia state charges, and they often arise when an abuser follows a victim who has relocated.

1
Virginia Code Commission. Virginia Code 18.2-57.2 – Assault and Battery Against a Family or Household Member
2
Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor
3
Virginia Code Commission. Virginia Code 18.2-51.6 – Strangulation
4
Virginia Code Commission. Virginia Code 18.2-57.3 – Persons Charged With First Offense of Assault and Battery Against a Family or Household Member
5
Virginia Code Commission. Virginia Code 19.2-392.12 – Sealing of Offenses Resulting in a Conviction or Deferred Dismissal (Effective July 1, 2026)
6
Virginia Code Commission. Virginia Code 16.1-253.4 – Emergency Protective Orders Authorized in Certain Cases
7
Virginia Code Commission. Virginia Code 16.1-279.1 – Protective Order in Cases of Family Abuse
8
Office of the Law Revision Counsel. 18 U.S. Code 2265 – Full Faith and Credit Given to Protection Orders
9
Virginia Code Commission. Virginia Code 18.2-308.1:4 – Purchase or Transportation of Firearm by Persons Subject to Protective Orders
10
Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts
11
U.S. Department of Justice. Criminal Resource Manual 1117 – Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence
12
Office of the Law Revision Counsel. 18 U.S. Code 924 – Penalties
13
Office of the Law Revision Counsel. 8 U.S.C. 1227 – Deportable Aliens
14
Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records
15
U.S. Department of Justice. Violence Against Women Act Reauthorization Act of 2022 – Housing Rights Subpart
16
Office of the Law Revision Counsel. 18 U.S. Code 2261 – Interstate Domestic Violence