Domestic violence in Virginia is prosecuted primarily as assault and battery against a family or household member, a Class 1 misdemeanor that carries up to 12 months in jail and a $2,500 fine for a first or second offense, and a Class 6 felony punishable by one to five years in prison on a third offense within 20 years. The law also authorizes judges and magistrates to issue protective orders at any hour, requires police to arrest the predominant aggressor in most cases, and triggers firearm, immigration, and other collateral consequences that often outlast the criminal sentence itself.
Who the Law Protects
Whether an incident is charged under the domestic statute or the general assault statute depends entirely on the relationship between the two people. Virginia’s definition of a “family or household member” is broader than people usually assume, and it reaches well past anyone currently living under the same roof.1Virginia Code Commission. Virginia Code 16.1-228 – Definitions
- Current or former spouses, whether or not you still live together.
- Parents, stepparents, children, stepchildren, siblings, half-siblings, grandparents, and grandchildren, regardless of whether they share your home.
- In-laws, but only while they live in the same home with you.
- Anyone you share a child with, even if you have never been married or lived together.
- Anyone who lives with you now or did at any point in the past 12 months, along with either person’s children who were in the home.
If the relationship fits one of those categories, the domestic statute controls, and so do the additional consequences described below.
The Charge and the Penalties
Assault and battery against a family or household member is defined under § 18.2-57.2. It covers any intentional harmful or offensive physical contact, and it also covers acts that put the other person in reasonable fear of being hit. Visible injuries are not required. Unwanted physical contact or a credible threat is enough.2Virginia Code Commission. Virginia Code 18.2-57.2 – Assault and Battery Against a Family or Household Member; Penalty
A first or second offense is a Class 1 misdemeanor, with a ceiling of 12 months in jail and a $2,500 fine.3Virginia Code Commission. Virginia Code Title 18.2 Chapter 1 Article 3 – Classification of Criminal Offenses and Punishment Therefor Judges have wide room within that range. A first offense with no injuries can end in a suspended sentence and probation; a more violent incident can mean months behind bars.
A third or subsequent offense within 20 years becomes a Class 6 felony. The prior offenses do not all have to be simple domestic assault. Convictions for malicious wounding, unlawful wounding, strangulation, and equivalent offenses from other states count toward the total.2Virginia Code Commission. Virginia Code 18.2-57.2 – Assault and Battery Against a Family or Household Member; Penalty A Class 6 felony carries one to five years in prison, though the judge or jury can instead impose up to 12 months in jail and a $2,500 fine.3Virginia Code Commission. Virginia Code Title 18.2 Chapter 1 Article 3 – Classification of Criminal Offenses and Punishment Therefor
Deferred Disposition for a First Offense
Virginia law gives first-time defendants one narrow path to avoid a conviction. Under § 18.2-57.3, a judge can defer the proceedings without entering a guilty finding and place the person on probation, provided they have no prior domestic assault conviction and no prior dismissal under the same provision.4Virginia Code Commission. Virginia Code 18.2-57.3 – Persons Charged With First Offense of Assault and Battery Against a Family or Household Member May Be Placed on Local Community-Based Probation
The court usually requires an assessment and completion of a batterer’s intervention or treatment program, paid for by the defendant based on ability to pay, along with at least two years of good behavior. If every condition is met, the charge is dismissed without an adjudication of guilt. That dismissal is a significant benefit because it avoids the federal firearm ban and the immigration consequences that attach to a conviction. Deferral is not automatic. The judge has to agree, and the facts have to be strong enough to support a guilty finding before the court can defer one.
What Happens When Police Arrive
Virginia does not leave the arrest decision to the officer’s discretion in the usual sense. When police have probable cause to believe domestic assault has occurred, they are required to arrest the person they determine was the predominant physical aggressor.5Virginia Code Commission. Virginia Code 19.2-81.3 – Arrest Without a Warrant Authorized in Cases of Assault and Battery Against a Family or Household Member
To avoid arresting both parties, the officer weighs who started the physical conflict, the relative severity of each person’s injuries, whether any injuries were defensive, prior complaints involving the same people, and witness statements. If both parties were physical, the officer still picks one. Acting in self-defense does not guarantee you will be treated as the victim, and being the one who called 911 is not controlling if you also struck the other person. Once an arrest is made, a magistrate issues an emergency protective order automatically.2Virginia Code Commission. Virginia Code 18.2-57.2 – Assault and Battery Against a Family or Household Member; Penalty
Protective Orders
Virginia uses three tiers of protective orders, each with a different timeframe and process.
Emergency Protective Orders
An emergency protective order can be issued by a circuit court judge, a general district court judge, a juvenile and domestic relations court judge, or a magistrate, at any hour of the day or night. It expires at 11:59 p.m. on the third day after it is issued. If that day falls when the juvenile and domestic relations court is closed, the order automatically extends to 11:59 p.m. on the next day the court is in session.6Virginia Code Commission. Virginia Code 16.1-253.4 – Emergency Protective Orders Authorized in Certain Cases; Penalty That short window gives the protected person time to seek a longer order from the court.
Preliminary Protective Orders
A preliminary protective order is filed in the juvenile and domestic relations district court. A judge can grant it in an ex parte hearing, meaning the person accused does not have to be present or even notified beforehand. There is no filing or service fee. The order takes effect when the respondent is personally served by the sheriff’s office, and a full hearing has to be scheduled within 15 days. The preliminary order remains in force until that hearing.7Justia Law. Virginia Code 16.1-253.1 – Preliminary Protective Orders in Cases of Family Abuse
The judge can prohibit the respondent from contacting or coming near the petitioner and family members, grant the petitioner exclusive possession of a shared home, give the petitioner temporary use of a jointly owned vehicle, order the respondent to provide alternative housing, and prohibit the respondent from shutting off utilities.
Final Protective Orders
At the full hearing, both sides present evidence. If the judge finds that family abuse has occurred and is likely to continue, the court issues a final protective order that can last up to two years. In addition to the conditions available in a preliminary order, the court can require the respondent to attend counseling or treatment and can establish temporary custody or visitation.8Supreme Court of Virginia. Protective Orders in Virginia – A Guide for Victims A final order can be extended for another two years at the petitioner’s request if the judge finds continued protection is warranted. There is no cap on extensions.
Violations
Violating a protective order is a Class 1 misdemeanor punishable by up to 12 months in jail.9Virginia Code Commission. Virginia Code 16.1-253.2 – Violation of Provisions of Protective Orders A second violation within five years carries a 60-day mandatory minimum when either offense involved violence or threats. A third violation within 20 years becomes a Class 6 felony with a six-month mandatory minimum. Violating an order while knowingly carrying a firearm or deadly weapon is a Class 6 felony on the first offense. Assaulting a protected person, stalking a protected person, or entering their home without permission is also a Class 6 felony. For any conviction under this statute that does not carry a specified mandatory minimum, the judge must still impose some jail time and cannot suspend the entire sentence.
Firearm Consequences
A domestic conviction or protective order triggers overlapping state and federal firearm bans. The broadest restriction controls.
Under Virginia law, a misdemeanor conviction for domestic assault and battery prohibits you from purchasing, possessing, or transporting any firearm for three years from the date of conviction. This state ban applies when the victim was your spouse, former spouse, or someone with whom you share a child, and violating it is itself a Class 1 misdemeanor.10Virginia Code Commission. Virginia Code 18.2-308.1:8 – Purchase, Possession, or Transportation of Firearm Following an Assault and Battery of a Family or Household Member; Penalty Separately, anyone served with a protective order is barred from purchasing or transporting firearms for the duration of the order. Under a final protective order the prohibition expands to possession, and the person has 24 hours to sell, transfer, or surrender any firearms they already own.11Virginia Code Commission. Virginia Code 18.2-308.1:4 – Purchase or Transportation of Firearm by Persons Subject to Protective Orders; Penalties
Federal law goes further. Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is permanently barred from shipping, transporting, possessing, or receiving any firearm or ammunition.12Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The federal ban never expires and has no exception for military or law enforcement personnel. The only ways to lift it are an expungement, a pardon, or having the conviction set aside. The federal ban applies regardless of what the state court called the offense; what matters is whether the underlying conduct involved physical force against someone in a qualifying domestic relationship. That is why a successful deferral under § 18.2-57.3, which ends in dismissal rather than conviction, matters so much: the federal firearm ban does not attach to a dismissal.
Immigration Consequences
For non-citizens, a domestic conviction carries a separate layer of risk. Under federal immigration law, any person convicted of a crime of domestic violence, stalking, child abuse, or violation of a protective order is deportable, regardless of how long they have lived in the United States. A single misdemeanor domestic battery conviction is enough to trigger removal proceedings.13Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
On the other side, victims of abuse by a U.S. citizen or lawful permanent resident spouse may be able to self-petition for a green card without the abuser’s knowledge or cooperation. The Violence Against Women Act allows this through Form I-360, and the self-petitioner is exempt from several common barriers to adjustment of status, including the public charge ground and penalties for entering without inspection.14USCIS. Green Card for VAWA Self-Petitioner
Getting Help in Virginia
Virginia operates a statewide domestic and sexual violence hotline at 1-800-838-8238, available 24 hours a day, 7 days a week. The hotline connects callers to crisis intervention, peer counseling, emergency housing and transportation, and referrals to local programs.15Virginia Department of Social Services. Domestic Violence Support and Services Calling does not obligate you to file charges or leave your home. Advocates can walk you through the protective order process, help you build a safety plan, and connect you with legal aid if you cannot afford an attorney.