A charge of assault on a family member in Virginia is prosecuted under Virginia Code 18.2-57.2. A first offense is a Class 1 misdemeanor carrying up to 12 months in jail and a fine of up to $2,500. A third offense within 20 years becomes a Class 6 felony punishable by one to five years in prison. Even a first-offense misdemeanor triggers a lifetime federal ban on possessing firearms, and the conviction can reach into custody, employment, professional licensing, and immigration status long after the sentence ends.
Who Counts as a Family or Household Member
The domestic statute only applies if the relationship fits the definition in Virginia Code 16.1-228. That list is broader than most people expect. It covers current and former spouses, parents, stepparents, children, stepchildren, siblings, grandparents, and grandchildren. In-laws are included if they live in the same home. Anyone who shares a child with the accused qualifies, whether or not the two were ever married or lived together.
The definition also reaches people who currently live together or lived together at any point in the past 12 months. Roommates, dating partners who cohabitate, and former cohabitants all fall inside it. When the relationship fits, the case is charged as domestic assault rather than ordinary assault and battery, and it moves through a different court.
Penalties by Offense Level
A first offense is a Class 1 misdemeanor: up to 12 months in jail, a fine of up to $2,500, or both.1Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor A conviction does not require visible injuries. Any unlawful physical contact, or an act intended to cause harm or create fear of harm, is enough. A shove or a grab can qualify.2Virginia Code Commission. Virginia Code 18.2-57.2 – Assault and Battery Against a Family or Household Member; Penalty
The charge becomes a Class 6 felony when the accused has two or more prior convictions for qualifying domestic violence offenses within a 20-year window. Qualifying priors include domestic assault and battery, malicious or unlawful wounding, aggravated malicious wounding, causing bodily injury with a substance, and strangulation. Convictions from other states count if the elements match a Virginia offense. Each prior must have occurred on a separate date.2Virginia Code Commission. Virginia Code 18.2-57.2 – Assault and Battery Against a Family or Household Member; Penalty
A Class 6 felony carries one to five years in prison. The judge or jury has discretion to instead impose up to 12 months in jail and a fine of up to $2,500.3Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
Sentences rarely stop at jail and fines. Courts routinely add probation of 12 to 24 months, a batterer intervention program at the defendant’s expense, anger management or counseling, and no-contact conditions that can extend well past trial, sometimes over the alleged victim’s objection.
The Federal Firearm Ban
This is the consequence that catches most people off guard. A conviction under 18.2-57.2, even a first-offense misdemeanor with no jail time, triggers a lifetime federal ban on possessing or purchasing any firearm or ammunition. The ban comes from 18 U.S.C. ยง 922(g)(9), often called the Lautenberg Amendment.4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Federal law defines a qualifying misdemeanor of domestic violence as one involving the use or attempted use of physical force where the offender had a qualifying relationship with the victim: spouse, former spouse, cohabitant, co-parent, or dating partner. Virginia’s domestic assault statute fits within that definition.5Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions
Possessing a firearm after a qualifying conviction is a separate federal crime punishable by up to 15 years in prison.6Office of the Law Revision Counsel. 18 US Code 924 – Penalties The ban only lifts if the conviction is expunged, set aside, or pardoned, or if civil rights are fully restored without a firearm carve-out. For most people convicted in Virginia, the ban is permanent.
Protective Orders
A domestic assault arrest almost always brings a protective order alongside the criminal case. Virginia issues them in three stages: an emergency order from a magistrate that lasts a few days, a preliminary order from a judge that runs until a full hearing within 15 days, and a full protective order after that hearing that can last up to two years and be extended.7Virginia Judicial System. District Court Protective Order Information Sheet
When a full protective order issues, the person subject to it must surrender all firearms to law enforcement, sell them to a licensed dealer, or transfer them to someone legally allowed to possess them, all within 24 hours of being served. A written certification confirming the surrender, sale, or transfer must be filed with the court within 48 hours. Willfully failing to file that certification is contempt.8Virginia Code Commission. Virginia Code 18.2-308.1:4 – Purchase or Transportation of Firearm by Persons Subject to Protective Orders; Penalties
Violating a protective order is a Class 1 misdemeanor on a first offense. A second violation within five years, where either offense involved an act or threat of violence, carries a mandatory minimum of 60 days in jail. A third violation within 20 years under the same conditions is a Class 6 felony with a mandatory minimum of six months. These mandatory minimums run consecutively to any other sentence.9Virginia Code Commission. Virginia Code 18.2-60.4 – Violation of Protective Orders; Penalty
How the Case Moves Through Court
Officers responding to a domestic call can arrest without a warrant based on probable cause, even if they didn’t witness the incident. That authority is specific to domestic assault; ordinary misdemeanor arrests generally require the officer to have seen the offense.10Virginia Code Commission. Virginia Code 19.2-81.3 – Arrest Without a Warrant Authorized in Cases of Assault and Battery Against a Family or Household Member After arrest, a magistrate sets bond, and the conditions almost always include no contact with the alleged victim. Breaking that condition before trial can revoke bond and add charges.
Domestic assault cases are tried in Juvenile and Domestic Relations District Court, not General District Court.11Virginia Judicial System. Juvenile and Domestic Relations District Court JDR is a bench court: a judge decides the case, not a jury. The prosecution has to prove every element beyond a reasonable doubt, drawing on 911 recordings, police reports, medical records, and witness testimony.
A conviction in JDR can be appealed to Circuit Court, and the appeal produces a completely new trial with the option of a jury. That fresh trial is a meaningful protection, though it also extends the case by months.
The First-Offender Program
Virginia Code 18.2-57.3 offers a deferred disposition that can end in dismissal rather than conviction. Eligibility is narrow: the accused must be at least 18, have no prior domestic violence convictions from any jurisdiction, and have never received a deferred disposition under this statute before.12Virginia Code Commission. Virginia Code 18.2-57.3 – Persons Charged With First Offense of Assault and Battery Against a Family or Household Member May Be Placed on Local Community-Based Probation
If eligible, the court defers a finding of guilt and places the accused on probation. Standard conditions include an assessment, a treatment or education program such as batterer intervention, payment of program costs, and good behavior for at least two years after probation ends. Supervised probation through a local community-based program is common.
Complete the program and the charge is dismissed. Fail it and the court enters a guilty finding and moves to sentencing. Even after a dismissal, the arrest record stays on file until you file a separate expungement petition and the court grants it.
Defenses That Can Apply
A charge isn’t a conviction. Which defense fits depends entirely on the facts, but three come up often.
Self-defense. Virginia allows reasonable force against an imminent threat of harm. The response has to be proportional to the threat, and the accused must have had a genuine and immediate fear of injury. A person not at fault has no duty to retreat before using force, a principle established in Virginia case law including Foote v. Commonwealth. The no-retreat protection disappears if the accused started the fight.
Defense of others. Reasonable force to protect another person from an imminent unlawful attack. The accused must have genuinely believed intervention was necessary and used proportional force. Protecting a child is the most common scenario.
False allegations. Fabricated accusations occur in contested divorces and custody disputes. The defense challenges credibility through inconsistent statements, missing physical evidence, texts or recordings that contradict the account, and evidence of a motive to lie. Medical records that don’t match the described injuries can be particularly persuasive.
Consequences Beyond Sentencing
The long-tail effects of a conviction often outweigh the criminal penalty.
Child custody. Virginia courts must consider a parent’s history of domestic violence in custody and visitation decisions. A conviction doesn’t automatically strip custody, but it creates a strong negative presumption. Courts may restrict unsupervised visits, require supervised exchanges, or condition expanded access on completing treatment.
Employment and licensing. A conviction shows on background checks and can disqualify applicants from healthcare, education, law enforcement, military, and security-clearance positions. Licensing boards for nurses, teachers, and therapists can investigate on the arrest alone and discipline ranges from probation to revocation, especially in fields serving vulnerable populations.
Immigration. For non-citizens, a domestic violence conviction is a deportable offense under federal law. Even a misdemeanor can trigger removal, block naturalization, and bar reentry. In most cases these effects can’t be undone.
A felony third-offense conviction adds loss of the right to vote until restoration by the governor, disqualification from jury service, and restrictions on holding public office.
Clearing the Record
Virginia’s expungement rules are strict for domestic assault. Under Virginia Code 19.2-392.2, expungement is available only where a charge was dismissed, the defendant was acquitted, or the prosecution dropped the case. Convictions cannot be expunged.13Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records
Virginia has been expanding petition-based sealing for other misdemeanor and felony convictions, but crimes against family or household members are explicitly excluded.14Virginia Sentencing Commission. Sealing of Criminal Records Update 2026 A domestic assault conviction stays on the record permanently absent a gubernatorial pardon, which is rarely granted.
If you completed the first-offender program and the charge was dismissed, the arrest record becomes eligible for expungement. It isn’t automatic. You have to petition for it, and the court has to grant it. Filing that petition promptly is one of the most effective steps available to limit the long-term damage.