§ 18.2-57.2. Assault and battery against a family or household member;penalty.
A. Any person who commits an assault and battery against a family orhousehold member is guilty of a Class 1 misdemeanor.
B. Upon a conviction for assault and battery against a family or householdmember, where it is alleged in the warrant, petition, information, orindictment on which a person is convicted, that such person has beenpreviously convicted of two offenses against a family or household member of(i) assault and battery against a family or household member in violation ofthis section, (ii) malicious wounding in violation of § 18.2-51, (iii)aggravated malicious wounding in violation of § 18.2-51.2, (iv) maliciousbodily injury by means of a substance in violation of § 18.2-52, or (v) anoffense under the law of any other jurisdiction which has the same elementsof any of the above offenses, in any combination, all of which occurredwithin a period of 20 years, and each of which occurred on a different date,such person is guilty of a Class 6 felony.
C. Whenever a warrant for a violation of this section is issued, themagistrate shall issue an emergency protective order as authorized by §16.1-253.4, except if the defendant is a minor, an emergency protective ordershall not be required.
D. The definition of "family or household member" in § 16.1-228 applies tothis section.
(1991, c. 238; 1992, cc. 526, 886; 1996, c. 866; 1997, c. 603; 1999, cc. 697,721, 807; 2004, cc. 448, 738; 2009, c. 726.)
§ 18.2-57.2. Assault and battery against a family or household member;penalty.
A. Any person who commits an assault and battery against a family orhousehold member is guilty of a Class 1 misdemeanor.
B. Upon a conviction for assault and battery against a family or householdmember, where it is alleged in the warrant, petition, information, orindictment on which a person is convicted, that such person has beenpreviously convicted of two offenses against a family or household member of(i) assault and battery against a family or household member in violation ofthis section, (ii) malicious wounding in violation of § 18.2-51, (iii)aggravated malicious wounding in violation of § 18.2-51.2, (iv) maliciousbodily injury by means of a substance in violation of § 18.2-52, or (v) anoffense under the law of any other jurisdiction which has the same elementsof any of the above offenses, in any combination, all of which occurredwithin a period of 20 years, and each of which occurred on a different date,such person is guilty of a Class 6 felony.
C. Whenever a warrant for a violation of this section is issued, themagistrate shall issue an emergency protective order as authorized by §16.1-253.4, except if the defendant is a minor, an emergency protective ordershall not be required.
D. The definition of "family or household member" in § 16.1-228 applies tothis section.
(1991, c. 238; 1992, cc. 526, 886; 1996, c. 866; 1997, c. 603; 1999, cc. 697,721, 807; 2004, cc. 448, 738; 2009, c. 726.)
§ 18.2-57.2. Assault and battery against a family or household member;penalty.
A. Any person who commits an assault and battery against a family orhousehold member is guilty of a Class 1 misdemeanor.
B. Upon a conviction for assault and battery against a family or householdmember, where it is alleged in the warrant, petition, information, orindictment on which a person is convicted, that such person has beenpreviously convicted of two offenses against a family or household member of(i) assault and battery against a family or household member in violation ofthis section, (ii) malicious wounding in violation of § 18.2-51, (iii)aggravated malicious wounding in violation of § 18.2-51.2, (iv) maliciousbodily injury by means of a substance in violation of § 18.2-52, or (v) anoffense under the law of any other jurisdiction which has the same elementsof any of the above offenses, in any combination, all of which occurredwithin a period of 20 years, and each of which occurred on a different date,such person is guilty of a Class 6 felony.
C. Whenever a warrant for a violation of this section is issued, themagistrate shall issue an emergency protective order as authorized by §16.1-253.4, except if the defendant is a minor, an emergency protective ordershall not be required.
D. The definition of "family or household member" in § 16.1-228 applies tothis section.
(1991, c. 238; 1992, cc. 526, 886; 1996, c. 866; 1997, c. 603; 1999, cc. 697,721, 807; 2004, cc. 448, 738; 2009, c. 726.)
