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Assault

Virginia has enacted a criminal prohibition against spousal and familial assault. Any person who commits an assault and battery against a family or household member is guilty of a class 1 misdemeanor, which carries with it a maximum punishment of 12 months in jail and a $2500 fine. For repeat offenders, the third conviction for assault, malicious wounding, or malicious bodily injury against a family or household member results in a class 6 felony, which carries with it the additional punishment of 1 to 5 years in prison. On the other hand, when a person is charged with a first offense of assault and battery, Virginia courts are empowered to defer the criminal proceedings against the defendant without finding guilt and place him (or her) on community-based probation.

As the preceding paragraph demonstrates, domestic assault is a serious offense. In many cases, the spouse accused of assault and the injured spouse will reconcile over the incident and no longer desire a criminal proceeding. It is important to understand that once criminal charges are filed, the injured spouse cannot simply “drop” the changes. The domestic assault charges may be dropped only by a state prosecutor, and the injured spouse may be compelled to testify against the assaulting spouse regardless of his or her desire to do so.

Additionally, a protective order can be sought in the case of family abuse in order to protect the health and safety of any family or household member. 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.

Finally, under Virginia law, conviction of a felony is a grounds for divorce. This means that a third instance of domestic violence (which results in a class 6 felony) is grounds for divorce in the Commonwealth.