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Estatutos Legales: Virginia

ACTUALIZADA 17 de octubre, 2016

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Article 4. Assaults and Bodily Woundings

back to top18.2-57.2. Assault and battery against a family or household member

A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.

B. Upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, petition, information, or indictment on which a person is convicted, that such person has been previously convicted of two offenses against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding or unlawful wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, (v) strangulation in violation of § 18.2-51.6, or (vi) an offense under the law of any other jurisdiction which has the same elements of any of the above offenses, in any combination, all of which occurred within 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, the magistrate shall issue an emergency protective order as authorized by § 16.1-253.4, except if the defendant is a minor, an emergency protective order shall not be required.

D. The definition of “family or household member” in § 16.1-228 applies to this section.
Acts 1991, c. 238; Acts 1992, c. 526; Acts 1992, c. 886; Acts 1996, c. 866, eff. July 1, 1997; Acts 1997, c. 603; Acts 1999, c. 697; Acts 1999, c. 721; Acts 1999, c. 807; Acts 2004, c. 448; Acts 2004, c. 738; Acts 2009, c. 726. Amended by Acts 2014, c. 660.