Quick answer: In Virginia, assault and battery against a family or household member is charged under § 18.2-57.2. A first offense is generally a misdemeanor that can carry up to 12 months in jail and a fine of up to $2,500, but repeat convictions can raise the charge to a felony, and even a misdemeanor conviction carries consequences that last far longer than any sentence — including effects on your right to possess firearms. “Family or household member” is broader than most people expect, and since 2026 it includes intimate partners. Attorney Sheryl Shane has more than 31 years of criminal defense experience. Call (703) 582-8119.
What “Assault” and “Battery” Mean in Virginia
Virginia defines assault and battery through court decisions rather than a single definition in the statute, and the two are different things.
Assault is an act intended to cause bodily harm, or to place someone in fear of bodily harm, that creates a reasonable fear of immediate harm. No touching is required.
Battery is an unlawful touching done willfully or in anger — in a rude, insolent, or angry way. No injury is required, and the touching does not have to be intended to cause injury. A shove, a grab, or knocking something out of someone’s hand can be enough.
That last point is why so many family assault charges rest on very brief moments, and why the details of exactly what happened matter so much. For more on how the two differ, see What Is the Difference Between Assault and Battery in Virginia?
Who Counts as a “Family or Household Member”
The definition comes from § 16.1-228, and it reaches well beyond a spouse. It includes:
- Current and former spouses, whether or not they live with you
- Parents, stepparents, children, stepchildren, brothers, sisters, half-siblings, grandparents, and grandchildren, whether or not they live with you
- In-laws, if they live in the same home
- Anyone you have a child with, whether or not you ever lived together
- Anyone you have lived with in the past 12 months, and their children
- Intimate partners — added by the General Assembly in 2026
The 2026 change means a dating relationship can now bring a charge under the family assault statute even if the couple never lived together. See Loophole Closed in Virginia: What Changed in 2026.
That includes your own children. A parent who disciplines a child can be charged under this statute when the discipline goes too far — see Can Parents Discipline Their Children in Virginia?
Misdemeanor or Felony
A first charge of assault and battery against a family or household member is generally a misdemeanor, with a maximum of 12 months in jail and a $2,500 fine. Under § 18.2-57.2, repeat convictions can raise a later charge to a felony, so a first conviction matters even when the sentence is light — it can become the foundation for a felony the next time.
Some conduct is charged under different, more serious statutes from the start:
- Strangulation is a separate felony, and it does not require visible injury. See Fairfax Strangulation & Suffocation Defense.
- Serious injury or a weapon can lead to malicious or unlawful wounding charges, which are felonies. See Malicious & Unlawful Wounding Defense.
What Happens at the Arrest
Family assault cases move fast. Police often make an arrest at the scene, and an emergency protective order is frequently issued the same night. That order can require you to stay away from your own home and have no contact with the person who made the complaint — even if that person does not want it. Violating it is a separate crime.
For a step-by-step look at those first hours, see Domestic Violence Arrest in Virginia. For the protective order process, see Fairfax Protective Order Lawyer.
Where These Cases Are Defended
What actually happened. Many family assault cases come down to a few seconds and two different accounts. Who touched whom, how, and why is examined closely — including injuries or the lack of them, 911 recordings, body camera footage, and texts before and after.
Self-defense. A family relationship does not take away the right to defend yourself. If you reasonably believed force was necessary to protect yourself and the force you used was reasonable, that is a defense.
The relationship element. The Commonwealth must prove the person is a family or household member as the statute defines it. If the relationship does not fit, the family assault charge does not fit either.
Credibility and motive. Accusations sometimes arise during a breakup, a divorce, or a custody dispute. Inconsistent statements and motives to exaggerate are fair ground for cross-examination.
The complaining witness. In Virginia, the decision to prosecute belongs to the Commonwealth, not the person who called the police. A complaining witness who wants the case dropped cannot simply withdraw it — but their testimony, or their absence, can change how the case is tried.
First-Offender Deferral
Virginia has a first-offender program for some family assault charges. If you qualify and the court agrees, the case is deferred while you complete required conditions, and it can be dismissed at the end. Eligibility is limited, the conditions are strict, and a dismissal under this program can still count as a prior offense later. Whether it fits your case is a decision to make with a lawyer before any plea.
Consequences Beyond the Sentence
Firearms. A conviction for assault and battery against a family member can affect your right to possess firearms and ammunition, even when the conviction is only a misdemeanor. That is one of the most important reasons to defend the charge carefully. See Protective Orders & Firearms in Virginia.
Custody and divorce. A family assault charge often arrives in the middle of a separation, and it can affect custody and visitation decisions. See DV Allegations in Custody & Divorce.
Employment, clearances, and licenses. A conviction can affect jobs that require background checks, security clearances, and professional licenses.
Immigration. For anyone who is not a U.S. citizen, a domestic violence conviction can have serious immigration consequences. That should be reviewed before any plea.
Frequently Asked Questions
Is assault and battery on a family member a felony in Virginia?
Can I be convicted if there was no injury?
Is mutual combat a defense to assault and battery in Virginia?
Who counts as a family or household member?
Can the person who called the police drop the charges?
Will a family assault conviction affect my right to own a gun?
Should I talk to the police about what happened?
For more on family assault charges, see the Fairfax domestic violence defense page.
If you have been charged, contact Sheryl Shane or call (703) 582-8119. Consultations are free and confidential, and she is available 24/7.
This post provides general information about Virginia law and is not legal advice for any specific situation. It reflects Virginia law current through the 2026 Special Session I. This is attorney advertising; past results do not guarantee a similar outcome in any future case.
