CODE OF VIRGINIA EXEMPTION FROM ARREST (§ 44-97) No person belonging to the Virginia National Guard or Virginia Defense Force shall be arrested on any process issued by or from any civil officer or court, except in cases of felony or breach of the peace, while going to, remaining at or returning from any place at which he may be required to attend for military duty; nor in any case whatsoever while actually engaged in the performance of his military duties, except with the consent of his commanding officer. HISTORY: 1930, p. 966; Michie Code 1942, § 2673(82); 1984, c. 765; 2015, c. 221.