When Police Are Called To A House
Va. Code 19.2-81.3 — arrest of the predominant physical aggressor, unless special circumstances dictate otherwise
Without a warrant. An officer may arrest without a warrant for the family abuse offenses the section names, whether or not committed in the officer's presence, on probable cause, personal observation, a witness's reasonable complaint, or personal investigation.
The predominant physical aggressor. An officer with probable cause of assault and battery against a family or household member, or of a protective order violation, arrests the person believed to be the predominant physical aggressor, unless special circumstances dictate otherwise.
- Who was the first aggressor.
- The protection of the health and safety of family and household members.
- Prior complaints of family abuse.
- The relative severity of the injuries.
- Whether any injuries were inflicted in self-defense.
- Witness statements, and other observations.
Those are the considerations the section sets for deciding who the predominant physical aggressor was. Whether or not an arrest is made, the officer files a written report.
The offenses themselves, protective orders, and release conditions are set out in other sections that are not on this page. What happens in a particular case is a question for a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 19.2-81.3 — Arrest without a warrant for family abuse, and the predominant physical aggressor
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.