JCHS VOICE Program Virginia Policies

JCHS VOICE

Criminal Statutes

  • 18.2-57.2. Assault and battery against a family or household member. Any person who commits an assault and battery against a family or household member shall be guilty of a Class 1 misdemeanor. If convicted previously of two offenses against a family or household member of assault and battery against a family or household member or other offenses (see full statute), such person is guilty of a Class 6 felony.

     
  • 18.2-57.3. Persons charged with first offense of assault and battery against a family or household member may be placed on probation; conditions; education and treatment programs; costs and fees; violations; discharge. Following the finding of facts that would justify a finding of guilt, the court may order the defendant be placed in a local community-based probation program if such program is available.

     
  • 18.2-60.3. Stalking; penalty. Any person, who on more than one occasion engages in conduct directed at another, when he knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person's family or household member is guilty of a Class 1 misdemeanor. Upon finding a person guilty of stalking, a court may issue an order prohibiting contact between the defendant and the victim or the victim’s family or household members.

     
  • 18.2-60.4. Violation of stalking protective orders; penalty.   Any person who violates any provision of a protective order is guilty of a Class 1 misdemeanor. In addition, a court will enter a new protective order for a period not to exceed two years.  This order may prohibit such contacts as the court deems necessary in order to assure the health and safety of the victim, or provide any other relief necessary to prevent similar criminal offenses.

     
  • 18.2-61. Rape. Any person who has sexual intercourse—or forces someone else to have sexual intercourse—with a complaining witness by force, threat, or intimidation, or takes advantage of the complaining witness’s mental incapacity or physical helplessness, or with a child under age thirteen as the victim, he or she shall be guilty of rape.  Rape is a felony punishable by a maximum sentence of life in prison.

     
  • 18.2-67.1. Forcible sodomy.  An accused shall be guilty of forcible sodomy if he or she engages in cunnilingus, fellatio, anallingus, or anal intercourse with a complaining witness who is not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person, and (i) the complaining witness is less than thirteen years of age, or (ii) the act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness.
     
  • 18.2-67.3. Aggravated sexual battery. Aggravated sexual battery occurs when the complaining witness is under 13 years old, mentally incapacitated, or physically helpless, or if the offense is committed by a parent, step-parent, grandparent, or step-grandparent if the complaining witness is 13 through 17 years of age, or the act is done through force, intimidation, or threat, and the witness is between the age of 13 and 15, the accused causes serious bodily harm to the complaining witness, or the accused used or threatened to use a deadly weapon. Aggravated sexual battery is a felony punished by a maximum of 20 years in jail or fine of $100,000.

     
  • 18.2-67.4. Sexual battery. Sexual battery occurs when the accused sexually abuses the alleged victim against his or her will by force, threat, intimidation or ruse.  Sexual battery is a class 1 misdemeanor.

     
  • 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalty. It is unlawful for any person who is subject to (i) a protective order to purchase or transport a firearm while the protective order is in effect. A violation of this statute is a class 1 misdemeanor.

Virginia Law Associated with Drug Facilitated Sexual Assaults

An incapacitated person does NOT forfeit her/his rights. The state of Virginia recognizes that when someone is drunk and/or drugged, she or he is unable to give consent. This means if you have sex with a person who is passed out or otherwise incapable of giving consent, it WILL be considered sexual assault!

  • Code 18.2-251.2 Flunitrazepam Rescheduling
    Virginia makes flunitrazepam (the active ingredient in Rohypnol) a Schedule IV drug, with Schedule I penalties for illegal possession, importation, or distribution. (1997)
  • Code 18.2-251.3 Scheduling of Gamma Hydroxybutyrate acid (GHB)
    Virginia makes gamma hydroxybutyrate acid (GHB) a Schedule I drug, with a Class 3 felony penalty for possession and distribution (2000).

Civil Statutes and Protective Orders in Cases of Family Abuse and Stalking

  • 16.1-228. Definitions.  "Family abuse" means any act involving violence, force, or threat including, but not limited to, any forceful detention, which results in bodily injury or places one in reasonable apprehension of bodily injury and which is committed by a person against such person's family or household member.

"Family or household member" means:

  • the person's spouse, whether or not he or she resides in the same home with the person,
  • the person's former spouse, whether or not he or she resides in the same home with the person,
  • the person's 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
  • the 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,
  • any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or
  • any individual who cohabits or who, within the previous twelve months, cohabited with the person, and any children of either of them then residing in the same home with the person.
  • 16.1-253.1. Preliminary protective orders in cases of family abuse; confidentiality.  A court may issue a preliminary protective order against an allegedly abusing person in order to protect the health and safety of the petitioner or any family or household member of the petitioner.  A court may extend a preliminary protective order where the party subject to the order fails to attend the hearing because he was not personally served. The extended protective order must be served as soon as possible and the extension period is limited to six months.  A preliminary protective order may impose a wide range of conditions on the alleged abuser, including prohibiting specific acts of abuse and contacts with the complainant.

Effective July 1, 2008, when a preliminary protective order is issued, the court shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer identifying information provided to the court electronically to the Virginia Criminal Information Network system. A copy of a preliminary protective order and an addendum containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. 

  • 16.1-253.2. Violation of provisions of protective orders; penalty.   Violation of a protective order is a Class 1 misdemeanor. It is a Class 6 felony if the violator causes serious bodily injury to any party protected by the order. A person who violates a protective order by furtively entering the home of any protected party while the party is present, or by entering and remaining in the home of the protected party until the party arrives, is guilty of a Class 6 felony, in addition to any other penalty provided by law.

The punishment for any person convicted of a second offense of violating a protective order, when the offense is committed within five years of the prior conviction and when either the instant or prior offense was based on an act or threat of violence, shall include a mandatory minimum term of confinement of 60 days. Any person convicted of a third offense of violating a protective order, when the offense is committed within 20 years of the first conviction and when either the instant or one of the prior offenses was based on an act or threat of violence is guilty of a Class 6 felony and the punishment shall include a mandatory minimum term of confinement of six months. 

There is a rebuttable presumption that bail should be denied to any person charged with a second or subsequent violation of a protective order. It is a Class 6 felony if the violator causes serious bodily injury to any party protected by the order. A person who violates a protective order by furtively entering the home of any protected party while the party is present, or by entering and remaining in the home of the protected party until the party arrives, is guilty of a Class 6 felony, in addition to any other penalty provided by law.

  • 16.1-253.4. Emergency protective orders authorized in certain cases; penalty.   Any magistrate or judge of appropriate jurisdiction can issue an emergency protective order to protect the health or safety of any person upon an assertion of abuse under oath by a law enforcement officer or the alleged abuser.

When the judge or magistrate considers the issuance of an emergency protective order pursuant to clause (i) of this subsection, he shall presume that there is probable danger of further acts of family abuse against a family or household member by the respondent unless the presumption is rebutted by the allegedly abused person. 

In addition, when issuing an emergency protective order under this section, the judge or magistrate shall provide the protected person or the law-enforcement officer seeking the emergency protective order with the form for use in filing petitions pursuant to § 16.1-253.1 and written information regarding protective orders that shall include the telephone numbers of domestic violence agencies and legal referral sources on a form prepared by the Supreme Court. If these forms are provided to a law-enforcement officer, the officer may provide these forms to the protected person when giving the emergency protective order to the protected person.

Effective July 1, 2008, an emergency protective order shall expire at the end of the third day following issuance.  If the expiration occurs at a time that the court is not in session, the emergency protective order shall be extended until the end of the next business day that the juvenile and domestic relations district court is in session.

Effective July 1, 2008, when an emergency protective order is issued, the court shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer identifying information provided to the court electronically to the Virginia Criminal Information Network system. A copy of a preliminary protective order and an addendum containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. 

  • 16.1-279.1. Protective order in cases of family abuse. A court has wide discretion to issue a protective order to protect the alleged victim or her family or household members. If a protective order is issued the court may also issue a temporary child support order for the support of any children of the petitioner whom the respondent has a legal obligation to support.  The protective order may be issued for a specified period of time; however, unless otherwise authorized by law, a protective order may not be issued under this section for a period longer than two years.

Effective July 1, 2008, the protective order shall expire at the end of the last day identified for the two-year period, and if no date is identified, it shall expire at the end of the two years following the date of issuance.

Effective July 1, 2008, when a protective order is issued, the court shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer identifying information provided to the court electronically to the Virginia Criminal Information Network system. A copy of a preliminary protective order and an addendum containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. 

  • 16.1-279.1E. Full Faith And Credit for Protective Orders.  A law-enforcement officer may, in the performance of his duties, rely upon a copy of an out-of-state protective order or other suitable evidence which has been provided to him by any source and may also rely upon the statement of any person protected by the order that the order remains in effect.

     
  • 2.2-515.2. Address Confidentiality Program. To protect victims of domestic violence by authorizing the use of designated addresses for such victims.  An individual who is at least 18 years of age, a parent or guardian acting on behalf of a minor, a guardian acting on behalf of an incapacitated person, or an emancipated minor may apply to the Office of the Attorney General to have an address designated by the Office of the Attorney General as the applicant's address for mail and service of process.  However, from July 1, 2007 to June 30, 2008, the bill was limited in its application to Arlington County.

Effective July 1, 2008, the Program will be extended to, but limited to, the Counties of Albemarle, Arlington, Augusta, Dickenson, Fairfax, Henry, Lee, Rockbridge, Russell, Scott, Washington, and Wise, and the Cities of Buena Vista, Charlottesville, Lexington, Martinsville, Norfolk, and Roanoke. The OAG must submit an evaluation of the program to the General Assembly by December 31, 2010.

Stalking Protective Orders; Protective Orders When Warrant is Issud for a Perpetrator

  • 19.2-152.8. Emergency protective orders authorized in cases of stalking and acts of violence. When a law-enforcement officer or an alleged victim of stalking or a criminal offense resulting in a serious bodily injury asserts to that such a crime has occurred and the judge or magistrate finds that there is probable danger of a further such offense and a warrant for the arrest of the respondent has been issued, the judge or magistrate will issue an emergency protective order that prohibits acts of stalking or other harmful contacts with his victims.

Effective July 1, 2008, when an emergency protective order is issued, the court shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer identifying information provided to the court electronically to the Virginia Criminal Information Network system. A copy of a preliminary protective order and an addendum containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. 

  • 19.2-152.9. Preliminary protective orders in cases of stalking and acts of violence. The court may issue a preliminary protective order against the alleged perpetrator in order to protect the health and safety of the petitioner or any family or household member of the petitioner, when the petitioner files an allegation of stalking or a criminal offense resulting in a serious bodily injury to the petitioner, and a warrant has been issued for the arrest of the alleged perpetrator of such act or acts.

Effective July 1, 2008, a court may extend a preliminary protective order where the party subject to the order fails to attend the hearing because he was not personally served. The extended protective order must be served as soon as possible on the respondent.  The extension period is limited to six months. 

Effective July 1, 2008, when an emergency protective order is issued, the court shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer identifying information provided to the court electronically to the Virginia Criminal Information Network system. A copy of a preliminary protective order and an addendum containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. 

  • 19.2-152.10. Protective order in cases of stalking and acts of violence.   The court may issue a protective order to protect the health and safety of the petitioner and family or household members of a petitioner as a result of a warrant for a criminal offense causing serious bodily injury to the petitioner, a conviction for a like crime, or a proper hearing. The protective order may be issued for a specified period of time; however, unless otherwise authorized by law, a protective order may not be issued under this section for a period longer than two years.

Effective July 1, 2008, the protective order shall expire at the end of the last day identified for the two-year period, and if no date is identified, it shall expire at the end of the two years following the date of issuance.

Effective July 1, 2008, when a protective order is issued, the court shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer identifying information provided to the court electronically to the Virginia Criminal Information Network system. A copy of a preliminary protective order and an addendum containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. 

Other Related Statutes

  • 19.2-165.1. Payment of medical fees in certain criminal cases; reimbursement.  Effective July 1, 2008, All medical fees expended in the gathering of evidence through physical evidence recovery kit (“PERK”) examinations conducted on victims complaining of sexual assault shall be paid by the Commonwealth. Victims complaining of sexual assault shall not be required to participate in the criminal justice system or cooperate with law-enforcement authorities in order to be provided with such forensic medical exams.  Upon conviction of the defendant in any case requiring the payment of medical fees pursuant to this section, the court shall order that the defendant reimburse the Commonwealth for payment of such fees.

(Obtained from Virginia.gov and Virginia Tech Stop Abuse Program)

 

Virginia State Policies: For more information

Federal Policies: For more information

VOICE Resources

VOICE ICON Resource List
VOICE ICON Types of Abuse
VOICE ICON Cycle of Abuse and Power & Control Wheel
VOICE ICON Healthy vs. Unhealthy
VOICE ICON What to Do if You or Somone You Know is a Victim
VOICE ICON Immigration and Refugee Services 
VOICE ICON Top 10 Safety Tips
VOICE ICON Batterer Intervention Program
VOICE ICON Filing a Report and Protective Orders
VOICE ICON Jefferson College of Health Sciences Policies
VOICE ICON Virginia Policies
VOICE ICON Frequently Asked Questions (FAQ)