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Domestic Violence

Domestic Violence

a. Domestic Violence is a felony or misdemeanor crime of violence committed

  1. By a current or former spouse or intimate partner of the victim,
  2. By a person with whom the victim shares a child in common,
  3. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner,
  4. By a person similarly situated to a spouse or the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred or,
  5. By any other person against an adult or youth victim who is protected from that person’s act under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

b. 16.1-228 Virginia Definition of Family or household member:

  1. The person’s spouse, whether or not he or she resides in the same home with the person,
  2. The person’s former spouse, whether or not he or she resides in the same home with the person,
  3. 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,
  4. 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,
  5. 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
  6. Any individual who cohabits or who within the previous 12 months, cohabitated with the person, and any children of either of them then residing in the same home with the person.