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Newport News Police Department
6. The officer will include in the IBR how they identified the suspect as the primary physical aggressor.
This may include:
a. The severity of the injuries inflicted on all parties and whether the injuries were offensive or
defensive.
b. A history of violence, calls for service and/or assault convictions.
c. Evidence that any of the parties acted in self-defense.
d. Evidence from people involved in or witnessing the incident.
e. The relative size, bulk and strength of the parties.
f. Current or previous protective orders filed against any of the parties.
g. The likelihood of future injury to any of the parties.
7. Domestic Violence Arrest - Corresponding Code of Virginia
a. §19.2-81.3 arrest without a warrant for an alleged violation of §18.2-57.2 (assault and battery
against a family or household member).
b. Violation of protective orders:
1) §18.2-60.4 Acts of violence, force, or threats in violation of a protective order; or
2) §16.1-253.2 violation of provisions of protective orders.
8. If probable cause for arrest exists, but an arrest is not made nor a warrant obtained, the investigating
officer must include the reasons and circumstances leading to another course of action in the IBR
(§19.2-81.3D Code of Virginia). [1.2.7]
9. When making an arrest for assault and battery against a family or household member, the responding
officer shall check for prior convictions of assault against the offender.
a. If the domestic assault does not involve a felony, the aggressor shall be charged with assault and
battery against a family or household member (Class 1 misdemeanor).
b. If the aggressor has been convicted of assault and battery against a family or household member
twice within the past twenty years, and the assaults occurred on different dates, the aggressor
shall be charged with a Class 6 felony unless the offense warrants a Class 5 or higher felony charge
(such as maiming).
B. Domestic Violence Reporting Requirements [82.2.1(a,b)]
1. The investigating officer shall prepare an IBR, complete the L.A.P Screening Form (Form-201) and
complete an Arrest Report (RMS) if an arrest is made.
2. If a misdemeanor arrest is made on cases involving (i) spouses or ex-spouses, (ii) co-habitants
(people who have lived together within the past 12 months), (iii) people who have a child together,
or (iv) homosexual relationships, the officer shall complete the IBR, and add copies of any statements,
photos or supporting documents, forwarding the package to the Commonwealth's Attorney's Office,
and keeping a copy for their records.
NOTE: The Commonwealth’s Attorney will not assist the prosecution of all other misdemeanor cases
involving family or household members, and the investigating officer will handle case
prosecution.
3. If a felony arrest is made, the investigative officer will complete a Prosecuting Attorney’s Letter (OPS-
415 Prosecuting Attorney's Letter).
4. If photographs or witness statements are obtained in addition to the IBR, they should be submitted
to the prosecuting attorney. The investigating officer will advise the victim to contact them if the
victim has follow-up photographs available.
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