Domestic Assault & Battery

Assault and Battery Against a Family or Household Member in Virginia

In Virginia, assault and battery against a family or household member is not only a criminal offense—it is a charge that can carry serious legal and personal consequences. These cases often involve emotionally charged situations, and navigating them requires a clear understanding of the law, as well as a careful legal strategy.

Class 1 Misdemeanor Offense

Under §18.2-57.2 of the Virginia Code, a person who commits assault and battery against a family or household member may be charged with a Class 1 misdemeanor. This is the most serious class of misdemeanor in the Commonwealth and can result in up to 12 months in jail, a fine of up to $2,500, or both. In addition to these penalties, a conviction may lead to court-mandated anger management programs, probation, and other conditions that impact daily life and family relationships.

Felony Charges for Repeat Offenders

The law becomes even more serious for individuals with a history of domestic violence or related offenses. If a person has been previously convicted of two or more qualifying offenses within the past 20 years—such as:

• Assault and battery against a family or household member
• Malicious or unlawful wounding
• Aggravated malicious wounding
• Bodily injury by a caustic agent
• Strangulation

A third conviction under this statute may be charged as a Class 6 felony. Convictions from other states with substantially similar elements can also be considered in this calculation. A felony conviction brings with it far more severe consequences, including up to five years in prison, long-term damage to your criminal record, and challenges related to employment, housing, and civil rights.

Emergency Protective Orders

Virginia law also mandates that an emergency protective order be issued when someone is arrested for this type of offense—unless the accused is a minor. These orders often prohibit contact with the alleged victim, restrict access to shared residences, and can significantly affect family dynamics while the case is pending.

Who Qualifies as a "Family or Household Member"?

Virginia law defines “family or household member” more broadly than many people expect. According to §16.1-228, the term includes:

• Current and former spouses,
  
• Parents, children, and siblings (including step-relatives),
  
• Individuals who share a child, even if never married or cohabiting,
  
• Individuals who live together or have lived together in the past year, and
  
• In-laws residing in the same home.

This wide-ranging definition means that an argument or incident involving a range of domestic relationships may fall under this statute.

Why Clients Turn to Attorney Sheryl Shane

When you’re facing a domestic assault charge, it’s not just about the legal penalties—it’s about protecting your future, your relationships, and your reputation. Attorney Sheryl Shane has built her Virginia criminal law practice on a foundation of legal knowledge, ethical advocacy, and genuine care for her clients’ well-being.

With over 25 years of experience defending clients throughout Northern Virginia, Ms. Shane understands both the technical and human aspects of these sensitive cases. She brings a calm, strategic mindset to every situation—never rushing to judgment, but always prepared to fight for your rights. Her approach is thorough, respectful, and focused on achieving the best possible outcome.

Whether the goal is dismissal, reduced charges, or a strong defense at trial, Sheryl Shane is known for her meticulous preparation and powerful courtroom presence.