What Happens After an Assault and Battery Charge in Virginia? Arrests, Protective Orders, and Court Process
January 19, 2026
Most people think the danger in an assault and battery case is the trial. In Virginia, the real danger can be the clock: bond terms can start immediately, protective orders can bar contact the same day, and if you’re convicted in district court the appeal window is 10 days.
One missed deadline or one prohibited message can change leverage fast before you ever get a full hearing on the facts. Call Rudolphi Law at 703-596-9566 today to speak with a Virginia criminal defense attorney about protecting your rights, deadlines, and next steps.
Read the step-by-step legal timeline to know exactly what happens next, from the first charging decision through protective orders, court dates, and the appeal deadline.
Step 1: The Charge Is Issued by Warrant or Summons
After an assault and battery allegation, the case usually starts one of two ways: a warrant or a summons. A warrant is a written order authorizing law enforcement to arrest you and begin the criminal case. A summons is a written order requiring you to appear in court on a specific date (often used when police do not take someone into custody immediately). Either way, this is the point where an accusation becomes a formal criminal charge.
Step 2: A Magistrate Reviews Probable Cause and Sets Initial Terms
If you are arrested, especially after a warrantless arrest, you are typically taken to a magistrate promptly. The magistrate reviews the information presented for probable cause, issues or confirms the warrant/summons, and sets the initial roadmap for the case, including the first appearance date and any immediate restrictions.
Step 3: Bond Is Set and Release Conditions Begin Immediately
If you are released, the court can impose conditions right away. Bond is the legal framework that controls your release and behavior while the charge is pending. Common release conditions in assault and battery cases include:
- No-contact rules (direct or indirect communication)
- Stay-away distances from a person, residence, or workplace
- Travel limits or surrender of certain travel privileges
- Other restrictions the court believes are necessary for safety and court appearance
Violating these conditions can lead to arrest, bond revocation, or additional charges.
Step 4: Protective Orders Can Be Issued and Enforced Early
Protective orders are common in assault and battery cases, especially when the allegation involves a family or household member. These orders are separate from the criminal charge but often run alongside it and can control your daily life immediately. The process can include:
- Emergency Protective Order (EPO): issued quickly, often at the front end of the case, and can impose immediate no-contact and stay-away terms
- Preliminary Protective Order (PPO): entered after an initial court review, usually pending a full hearing
- Protective Order After Hearing: a longer order entered after both sides have an opportunity to appear and be heard
In non-family situations, a court may use a different protective-order process based on an alleged act of violence, force, or threat. Regardless of type, a protective order is enforceable immediately, and violations can create serious new legal exposure.
Step 5: The First Court Appearance Is Scheduled and the Case Is Placed on a Track
Your first appearance is usually scheduled when the warrant or summons is issued or shortly after arrest processing. At this appearance, the court typically confirms:
- The exact charge(s) on the docket
- Whether the case is in General District Court or Juvenile and Domestic Relations District Court (JDR)
- Whether bond conditions and protective-order restrictions remain in place
- The next dates, including any deadlines and the path toward trial
This hearing matters because it sets expectations and keeps restrictions in force unless the court changes them.
Step 6: Pretrial Proceedings and Case Preparation
Before trial, the legal process often includes formal preparation steps, such as:
- Evidence requests and required disclosures
- Subpoenas for witnesses or records
- Motions affecting what evidence can be used and what testimony is allowed
- Discussions about lawful resolution options when appropriate
In domestic-related circumstances, Virginia law may allow a deferred-disposition type outcome for eligible first offenses, but eligibility is narrow and depends on the facts and the court’s authority.
Step 7: Trial in District Court
Most misdemeanor assault and battery cases are tried as bench trials, meaning a judge decides the case (not a jury). The Commonwealth presents witnesses and evidence, the defense challenges the proof and presents evidence as appropriate, and the judge issues a verdict of guilty or not guilty.
Step 8: Sentencing After a Conviction
If there is a conviction, sentencing may happen immediately or on a later date. More often, it happens minutes after a pronouncement of guilt. The court may impose jail time, fines, probation terms, and other lawful conditions based on the charge and the case record.
Step 9: The Appeal Deadline Starts Immediately After Conviction
Virginia allows appeals from many district court convictions, but the deadline is strict. In general, an appeal must be noted within 10 calendar days from the date of conviction. Missing that deadline can permanently end the right to appeal, even if there are strong issues to raise.
A Virginia Assault and Battery Lawyer Can Help When Deadlines Hit Fast
An assault and battery charge in Virginia can trigger fast deadlines, strict protective orders, and bond conditions that punish mistakes before trial. Rudolphi Law helps you take control early by building a clear plan for the warrant or summons stage, protective-order hearings, and district court strategy. If you need a Virginia criminal defense attorney in Fairfax, call 703-596-9566 to protect your rights and options. Contact us today to get a direct, trial-ready approach from day one.