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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 or unlawful wounding in violation of § 18.2-51 , (iii) aggravated malicious wounding in violation of § 18.2-51 , (iv) malicious bodily injury by means of a substance in violation of § 18.2-51 , (v) strangulation in violation of § 18.2-51 , or (vi) 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 § 18.2-51 , except if the defendant is a minor, an emergency protective order shall not be required. D. The definition of "family or household member" in § 18.2-51 applies to this section. 1991, c. 238; 1992, cc. 526, 886; 1996, c. 18.2-51 ; 1997, c. 18.2-51 ; 1999, cc. 18.2-51 , 18.2-51 , 18.2-51 ; 2004, cc. 18.2-51 , 18.2-51 ; 2009, c. 18.2-51 ; 2014, c. 18.2-51 .
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