West Virginia Domestic Abuse Legal Support

PROVIDING LEGAL AID ACROSS WEST VIRGINIA, BERKELEY COUNTY, AND BEYOND

Domestic abuse, also referred to as inter-family violence or abuse within the home, constitutes a severe legal matter in West Virginia. Criminal acts targeted toward family members or romantic partners are governed by specialized statutes separate from ordinary violent crimes. These specific domestic offenses can incur stiffer punishments compared to general assault or battery charges.

Adding to the legal repercussions, those found guilty of domestic violence may face extra judicial mandates including, but not limited to, Family Protection Act Orders (FPOs) or other forms of restraining orders. These mandates can dramatically alter the life of the individual accused. They might impact who gets child custody and can compel the purported offender to vacate their household, block any communication with the victim, and surrender any legal gun ownership for life.

At Mountaineer Law Group, our West Virginia DUI attorneys possess an expansive knowledge of West Virginia’s domestic violence laws, hold considerable experience defending clients in regional courts, and are ready to advocate on your behalf during related proceedings, such as hearings for protective orders. Recognizing the immense pressure these accusations can cause, our team is committed to tenaciously fighting for your best possible case outcome.

Schedule an initial, cost-free meeting with a West Virginia criminal lawyer specializing in domestic violence. Get in touch at (304) 381-3656 to arrange your consultation now.

Understanding Domestic Violence in West Virginia

Defined in domestic violence cases are assault and battery, which consist of:

• Intentionally trying, or recklessly causing, harm to another, with or without dangerous weapons;
• Causing someone to fear impending physical injury;
• Inducing fear through harassment, stalking, psychological torment, or threats;
• Committing acts defined as sexual assault or abuse;
• Illegally detaining or confining a person against their will.

Victims can be a wide array of individuals like current/former spouses, cohabitants, those in a dating relationship, individuals who share a child, or family members.

The gravity of domestic violence charges can differ significantly, leading to either misdemeanor or felony level legal consequences. This may result in monetary penalties, incarceration, or both. Repeat offenders face increasingly severe penalties, and charges escalate to felony level by the third offense.

Legal Consequences for Domestic Abuse

Upon a first domestic assault conviction, the penalty could be as high as six months in jail and/or a fine not exceeding $100. A subsequent conviction warrants at least 30 days to six months of jail time with fines that might reach up to $500. Felony charges for a third occurrence carry potential prison sentences ranging from one to five years, and/or fines reaching $2,500. Offenders may also be ordered to compensate the victim for financial setbacks including medical costs, therapeutic services, or property damage restitution.

Orders of Protection in West Virginia

To safeguard domestic violence sufferers, the court issues protective orders, also known as restraining orders. These court decrees focus on keeping the aggressor away from the victim and potentially include:

• Forbidding the perpetrator from entering the living space, educational establishment, place of business, or the victim’s workplace;
• Enforcing a physical separation between the victim and the abuser;
• Transiently granting child custody rights to the victim;
• Banning any form of contact between the aggressor and the victim, whether through phone calls, messaging, or other means;
• Mandating the abuser to undergo a batterer’s intervention program.

Disobeying a protective order may warrant additional criminal charges.

Additionally, domestic violence impacts can be significant regarding child custody agreements. When adjudicating custody, the child’s well-being is paramount, with a background in domestic violence being an essential determiner. A parent known for such violence may relinquish custody rights or be restricted to monitored visitation.