Bill Text: VA HB1936 | 2011 | Regular Session | Introduced
Bill Title: Family abuse protective orders; upon conviction of assault & battery, court may enter for a period.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-02-04 - House: Tabled in Courts of Justice by voice vote [HB1936 Detail]
Download: Virginia-2011-HB1936-Introduced.html
11102366D Be it enacted by the General Assembly of Virginia: 1. That § 18.2-57.2 of the Code of Virginia is amended and reenacted as follows: § 18.2-57.2. Assault and battery against a family or household member; penalty. A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor. B. Upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, petition, information, or indictment on which a person is convicted, that such person has been previously convicted of two offenses against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, or (v) an offense under the law of any other jurisdiction which has the same elements of any of the above offenses, in any combination, all of which occurred within a period of 20 years, and each of which occurred on a different date, such person is guilty of a Class 6 felony. C. Whenever a warrant for a violation of this section is issued, the magistrate shall issue an emergency protective order as authorized by § 16.1-253.4, except if the defendant is a minor, an emergency protective order shall not be required. D. The definition of "family or household member" in § 16.1-228 applies to this section. E. Upon conviction under this section, and in addition to the sentence imposed, the court may enter a protective order pursuant to § 16.1-279.1 for a specified period not exceeding two years from the date of conviction. |