Domestic Assault and Battery
Domestic Assault and Battery
Most importantly, the Domestic Assault and Battery is defined as, for example:
- The unlawful, offensive
- Touching of
- A family or household member.
Virginia defines “family or household member” as a person’s spouse, former spouse, parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person. In addition, a person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person. Lastly, any person who has cohabited with the person in the past year, or anyone who has a child in common with the person. We recommend representation by a criminal defense attorney.
- Assault is not always a physical attack to a person it can also be without any physical contact.
- You may be guilty of battery if you intentionally make contact with a person to cause harm.
Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.
In addition, such person is guilty of a Class 6 felony upon conviction if they have committed certain previous crimes within the last 20 years.
VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-57.2/
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