Under 18.2-57.2, can an officer arrest without a warrant for assault and battery of a family/household member?

Under 18.2-57.2, can an officer arrest without a warrant for assault and battery of a family/household member?

• A. Yes
• B. No
• C. Only with a court order
• D. Only if the victim consents

Answer: (A)

The rule being tested is whether law enforcement in Virginia can arrest without a warrant in domestic-violence cases involving a family or household member. Under 18.2-57.2, an officer may arrest without a warrant if there is probable cause to believe that an assault and battery against a family or household member has occurred. This allows immediate protection for the victim and prevents further harm, so warrantless arrest is permitted. The decision isn’t dependent on the victim’s consent, nor does it require a court order for the arrest itself. The court process can follow afterward, but the officer’s authority to arrest without a warrant exists to address domestic violence quickly.

The rule being tested is whether law enforcement in Virginia can arrest without a warrant in domestic-violence cases involving a family or household member. Under 18.2-57.2, an officer may arrest without a warrant if there is probable cause to believe that an assault and battery against a family or household member has occurred. This allows immediate protection for the victim and prevents further harm, so warrantless arrest is permitted. The decision isn’t dependent on the victim’s consent, nor does it require a court order for the arrest itself. The court process can follow afterward, but the officer’s authority to arrest without a warrant exists to address domestic violence quickly.