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WHAT THE WORDS MEAN

Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Virginia law uses, what it actually means, and the misreading it usually collects.

42 terms

B

Bail

Release pending trial, to which a person in custody is admitted unless there is probable cause to believe they will not appear or would be an unreasonable danger. The terms take the person's ability to pay into account.

Also called bond, release before trial

Release pending trial, to which a person in custody is admitted unless there is probable cause to believe they will not appear or would be an unreasonable danger. The terms take the person's ability to pay into account.

Brandishing

Pointing, holding or brandishing a firearm, or an object that looks like one, so as to reasonably cause another to fear being shot or injured, a Class 1 misdemeanor.

Also called pointing a gun

Pointing, holding or brandishing a firearm, or an object that looks like one, so as to reasonably cause another to fear being shot or injured, a Class 1 misdemeanor.

What it is not

It does not apply to excusable or justifiable self defense.

C

Class 1 misdemeanor

The highest misdemeanor class, punishable by up to twelve months in jail, a fine of up to $2,500, or both.

Also called misdemeanor

The highest misdemeanor class, punishable by up to twelve months in jail, a fine of up to $2,500, or both.

What it is not

Class 3 and Class 4 misdemeanors carry fines only, up to $500 and $250.

Concealed handgun permit

A five year permit to carry a concealed handgun, for which a person 21 or older applies to the circuit court clerk where they live.

Also called CHP, carry permit, concealed carry

A five year permit to carry a concealed handgun, for which a person 21 or older applies to the circuit court clerk where they live.

What it is not

Carrying hidden without one is a Class 1 misdemeanor, but a handgun secured in a container or compartment in a private vehicle, by someone who may lawfully possess it, is outside the section.

Consumer Protection Act

The act listing prohibited practices in consumer transactions, ending with any other deception, fraud, false pretense, false promise or misrepresentation. A person who suffers loss may sue for actual damages or $500, whichever is greater.

Also called VCPA, deceptive practices

The act listing prohibited practices in consumer transactions, ending with any other deception, fraud, false pretense, false promise or misrepresentation. A person who suffers loss may sue for actual damages or $500, whichever is greater.

D

Dangerous dog

A dog a court finds directly caused serious injury to a person, such as a laceration, a broken bone or a substantial puncture of the skin by teeth, or killed or seriously injured a dog or cat.

Also called vicious dog

A dog a court finds directly caused serious injury to a person, such as a laceration, a broken bone or a substantial puncture of the skin by teeth, or killed or seriously injured a dog or cat.

What it is not

A single nip or bite causing only a scratch or abrasion is not grounds for a summons.

Deemed denial

What a public body's failure to respond to a records request within five working days is treated as, and a violation of the law.

Also called no answer to FOIA

What a public body's failure to respond to a records request within five working days is treated as, and a violation of the law.

Disorderly conduct

With intent to cause public inconvenience, annoyance or alarm, conduct in a public place with a direct tendency to cause violence by the people it is aimed at, or disrupting a funeral, a public meeting, a school or a place of worship.

Also called disturbing the peace

With intent to cause public inconvenience, annoyance or alarm, conduct in a public place with a direct tendency to cause violence by the people it is aimed at, or disrupting a funeral, a public meeting, a school or a place of worship.

What it is not

Speaking or displaying words is not disorderly conduct under the section.

E

Excessive force

Any force that is objectively unreasonable given the totality of the circumstances, including the severity of the crime, whether the suspect poses an immediate threat, and whether the suspect is actively resisting or fleeing.

Also called police brutality, unreasonable force

Any force that is objectively unreasonable given the totality of the circumstances, including the severity of the crime, whether the suspect poses an immediate threat, and whether the suspect is actively resisting or fleeing.

F

False identity to an officer

Falsely identifying oneself to a law enforcement officer with intent to deceive about one's real identity, after being lawfully detained and asked to identify oneself, a Class 1 misdemeanor.

Also called false name, lying about name

Falsely identifying oneself to a law enforcement officer with intent to deceive about one's real identity, after being lawfully detained and asked to identify oneself, a Class 1 misdemeanor.

What it is not

The section makes a false identity the offense. It does not say that declining to give a name is one.

Family abuse

An act of violence, force or threat by a family or household member that causes bodily injury or places someone in reasonable apprehension of death, sexual assault or bodily injury.

Also called domestic violence, domestic abuse

An act of violence, force or threat by a family or household member that causes bodily injury or places someone in reasonable apprehension of death, sexual assault or bodily injury.

What it is not

Family or household members include former spouses, anyone with a child in common, and anyone who cohabited in the past 12 months, not only people living together now.

G

Garnishment

Taking part of a debtor's pay for a debt, limited for an ordinary debt to the lesser of 25 percent of a week's disposable earnings or the amount by which they exceed 40 times the minimum hourly wage.

Also called wage garnishment

Taking part of a debtor's pay for a debt, limited for an ordinary debt to the lesser of 25 percent of a week's disposable earnings or the amount by which they exceed 40 times the minimum hourly wage.

What it is not

Support orders are not ordinary debts and can take up to 50 or 60 percent.

Grand larceny

Larceny of goods of $1,000 or more, $5 or more from the person, or any firearm, a felony.

Also called felony theft

Larceny of goods of $1,000 or more, $5 or more from the person, or any firearm, a felony.

H

Handheld personal communications device

A phone or similar device it is unlawful to hold while driving a moving motor vehicle on the highway, with a $125 fine for a first offense.

Also called phone while driving, hands free law

A phone or similar device it is unlawful to hold while driving a moving motor vehicle on the highway, with a $125 fine for a first offense.

What it is not

The rule does not reach a driver who is lawfully parked or stopped, or one reporting an emergency.

Home solicitation sale

A sale the buyer may cancel until midnight of the third business day after signing, by written notice in any form showing the buyer does not intend to be bound.

Also called door to door sale, cooling off

A sale the buyer may cancel until midnight of the third business day after signing, by written notice in any form showing the buyer does not intend to be bound.

What it is not

The right cannot be waived, except in a signed emergency request the section describes.

Homestead exemption

A householder's exemption, from property of their choosing including money, of up to $5,000, or $10,000 at 65 or older, plus up to $50,000 in a principal residence.

Also called wildcard exemption

A householder's exemption, from property of their choosing including money, of up to $5,000, or $10,000 at 65 or older, plus up to $50,000 in a principal residence.

I

L

Lemon law rights period

The period ending 18 months after a new vehicle's original delivery, within which a defect that significantly impairs use, market value or safety and is not fixed after a reasonable number of attempts leads to a replacement or refund.

Also called lemon law

The period ending 18 months after a new vehicle's original delivery, within which a defect that significantly impairs use, market value or safety and is not fixed after a reasonable number of attempts leads to a replacement or refund.

What it is not

The consumer has the unconditional right to choose a refund rather than a replacement.

Liquidated damages

An amount equal to the unpaid wages that the court awards on top of them in a suit for unpaid wages, with prejudgment interest and attorney fees; the award is triple the wages when the employer knowingly failed to pay.

Also called double wages, unpaid wages penalty

An amount equal to the unpaid wages that the court awards on top of them in a suit for unpaid wages, with prejudgment interest and attorney fees; the award is triple the wages when the employer knowingly failed to pay.

Living separate and apart

The no fault divorce ground: one year without cohabitation or interruption, or six months with a separation agreement and no minor children.

Also called separation, no fault divorce

The no fault divorce ground: one year without cohabitation or interruption, or six months with a separation agreement and no minor children.

M

Marijuana

For a person 21 or older, not more than two ounces on the person or in public is lawful, and up to four plants may be grown for personal use at the main residence.

Also called cannabis, weed

For a person 21 or older, not more than two ounces on the person or in public is lawful, and up to four plants may be grown for personal use at the main residence.

What it is not

Lawful is not unlimited: more than four ounces is a misdemeanor, and more than one pound a felony.

Marital property

Property the court classifies as marital rather than separate, values and divides on either party's request, weighing the contributions, the length of the marriage and the other factors the section lists.

Also called dividing property, equitable distribution

Property the court classifies as marital rather than separate, values and divides on either party's request, weighing the contributions, the length of the marriage and the other factors the section lists.

Misconduct

A reason for discharge connected with the work that disqualifies a claimant from unemployment benefits until working again for 30 days or 240 hours, then being separated.

Also called fired for cause

A reason for discharge connected with the work that disqualifies a claimant from unemployment benefits until working again for 30 days or 240 hours, then being separated.

Move out inspection

The landlord's inspection at the end of a tenancy, which a tenant who asks in writing may attend; it is made within 72 hours of the tenant giving up possession.

Also called walk through, final inspection

The landlord's inspection at the end of a tenancy, which a tenant who asks in writing may attend; it is made within 72 hours of the tenant giving up possession.

N

Neck restraint

A restraint the chapter defines to include chokeholds, carotid restraints and lateral vascular neck restraints, prohibited unless immediately necessary to protect the officer or another person from death or serious bodily injury.

Also called chokehold, carotid restraint

A restraint the chapter defines to include chokeholds, carotid restraints and lateral vascular neck restraints, prohibited unless immediately necessary to protect the officer or another person from death or serious bodily injury.

No knock warrant

A warrant to enter without announcing, which no officer may seek or execute. At a home the officer gives audible notice of authority and purpose before executing a warrant.

Also called no knock raid

A warrant to enter without announcing, which no officer may seek or execute. At a home the officer gives audible notice of authority and purpose before executing a warrant.

What it is not

Evidence obtained in violation of these rules is not admitted for the Commonwealth.

O

Obstruction

Knowingly obstructing an officer in the performance of duty without just cause, a Class 1 misdemeanor. Resisting arrest is defined as fleeing to prevent a lawful arrest, after the officer applies physical force or communicates that the person is under arrest.

Also called obstructing an officer, resisting arrest

Knowingly obstructing an officer in the performance of duty without just cause, a Class 1 misdemeanor. Resisting arrest is defined as fleeing to prevent a lawful arrest, after the officer applies physical force or communicates that the person is under arrest.

P

Passenger area

The driver's seat, anywhere within the driver's reach including an unlocked glove box, and the passenger seats, where an open container with some of the drink gone creates a rebuttable presumption that the driver has been drinking.

Also called open container

The driver's seat, anywhere within the driver's reach including an unlocked glove box, and the passenger seats, where an open container with some of the drink gone creates a rebuttable presumption that the driver has been drinking.

What it is not

The open container is not itself the offense; the offense is the driver consuming alcohol while driving. The trunk and the area behind the last upright seat are not the passenger area.

Pay or quit notice

The written notice for rent unpaid when due, stating that the agreement ends if the rent is not paid within 14 days.

Also called 14 day notice, eviction notice

The written notice for rent unpaid when due, stating that the agreement ends if the rent is not paid within 14 days.

Petit larceny

Larceny of goods under $1,000, or under $5 from the person, a Class 1 misdemeanor. Concealing a store's merchandise intending to take it without paying is petit larceny under $1,000.

Also called shoplifting, petty theft

Larceny of goods under $1,000, or under $5 from the person, a Class 1 misdemeanor. Concealing a store's merchandise intending to take it without paying is petit larceny under $1,000.

What it is not

Willfully concealing merchandise while still on the premises is prima facie evidence of the intent.

Preliminary breath test

The roadside breath test a person stopped on suspicion of DUI has the right to refuse. The refusal is not evidence in the prosecution, and the result is not admitted at trial.

Also called roadside breath test, PBT

The roadside breath test a person stopped on suspicion of DUI has the right to refuse. The refusal is not evidence in the prosecution, and the result is not admitted at trial.

What it is not

It is not the breath test after an arrest, which carries its own consequences for an unreasonable refusal.

Protective order

An order against family abuse running for a specified period up to two years, or up to four after an earlier order within 10 years, and expiring at 11:59 p.m. on its last day.

Also called restraining order

An order against family abuse running for a specified period up to two years, or up to four after an earlier order within 10 years, and expiring at 11:59 p.m. on its last day.

What it is not

Violating a no abuse, no contact or stay away provision is a crime, a Class 1 misdemeanor.

R

Reckless driving

A Class 1 misdemeanor that speed alone can make: driving 20 miles per hour or more over the applicable limit, or over 85 miles per hour regardless of the limit.

Also called speeding reckless, 20 over

A Class 1 misdemeanor that speed alone can make: driving 20 miles per hour or more over the applicable limit, or over 85 miles per hour regardless of the limit.

What it is not

It is a crime, not a traffic infraction, punishable like any Class 1 misdemeanor.

Retaliation

A landlord's raising rent, reducing services, or suing or threatening to sue for possession after learning that the tenant complained to a code agency, complained or sued under the landlord and tenant law, joined a tenant organization, or testified against the landlord.

Also called retaliatory eviction

A landlord's raising rent, reducing services, or suing or threatening to sue for possession after learning that the tenant complained to a code agency, complained or sued under the landlord and tenant law, joined a tenant organization, or testified against the landlord.

S

Sealing

Closing the records of an arrest, charge or conviction to the public, except for the purposes the law allows; an agency asked about a sealed record says that no record exists, unless disclosure is permitted.

Also called record sealing, clearing a record

Closing the records of an arrest, charge or conviction to the public, except for the purposes the law allows; an agency asked about a sealed record says that no record exists, unless disclosure is permitted.

What it is not

It is not the same as expungement, which a person acquitted or whose charge was dismissed may petition the circuit court for.

Security deposit

A deposit of no more than two months' periodic rent, applied at the end of the tenancy only to unpaid rent and late charges, damage beyond reasonable wear and tear, other charges in the agreement, and actual damages for breaking it.

Also called deposit, damage deposit

A deposit of no more than two months' periodic rent, applied at the end of the tenancy only to unpaid rent and late charges, damage beyond reasonable wear and tear, other charges in the agreement, and actual damages for breaking it.

What it is not

It is not returned on the landlord's schedule. The itemized notice and any balance are due within 45 days after the tenancy ends or the tenant moves out, whichever is later.

Small claims court

The court that hears civil claims of up to $5,000, not counting interest, where every party represents itself.

Also called small claims division

The court that hears civil claims of up to $5,000, not counting interest, where every party represents itself.

What it is not

A defendant may move the case to the general district court before the judge decides, and may use an attorney to do so.

Stalking

Conduct on more than one occasion, in person or by mail, phone or electronic communication, directed at another with intent to place them in reasonable fear of death, sexual assault or bodily injury, a Class 1 misdemeanor.

Also called following, harassment

Conduct on more than one occasion, in person or by mail, phone or electronic communication, directed at another with intent to place them in reasonable fear of death, sexual assault or bodily injury, a Class 1 misdemeanor.

What it is not

Contact after actual notice that the person does not want it is prima facie evidence of the intent.

T

Tenant's assertion

A filing in the general district court over a condition such as no heat or running water, by a tenant who gave the landlord written notice and pays the rent into court within five days of each due date.

Also called rent escrow, paying rent into court

A filing in the general district court over a condition such as no heat or running water, by a tenant who gave the landlord written notice and pays the rent into court within five days of each due date.

What it is not

The rent is not withheld. It goes to the court, which may hold it in escrow, reduce it, or release it to pay for repairs.

U

Unlawful detainer

The court summons by which a landlord seeks possession. For a residential tenancy the first hearing is as soon as practicable and not more than 21 days after filing, and the summons is served at least 10 days before the return day.

Also called eviction case, eviction

The court summons by which a landlord seeks possession. For a residential tenancy the first hearing is as soon as practicable and not more than 21 days after filing, and the summons is served at least 10 days before the return day.

What it is not

A lockout is not an eviction. A court can order a tenant who was unlawfully removed put back in, with statutory damages.

Unlawful exclusion

A landlord's willfully, without court authority, removing or excluding the tenant, interrupting an essential service, or making the premises unsafe. The court can put the tenant back in and restore the service.

Also called lockout, utility shutoff

A landlord's willfully, without court authority, removing or excluding the tenant, interrupting an essential service, or making the premises unsafe. The court can put the tenant back in and restore the service.

What it is not

It carries statutory damages of $5,000 or four months' rent, whichever is greater, besides actual damages and attorney fees.

About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Virginia attorney answers and a glossary cannot. Current as of September 2026.