Domestic Violence Protective Order Defense Lawyer

Fighting for the Accused in the Counties of Marshall All of West Virginia

Domestic violence protective orders (DVPOs) are issued by West Virginia courts to shield individuals and their families from alleged abuse by intimate partners, family members, and other household members. Often referred to as “restraining orders,” these can be issued on an emergency (temporary) or more lasting basis. Emergency DVPOs may be issued solely based on statements made by the alleged victim, without any concrete evidence or your input.

DVPOs can profoundly affect your life. Being accused in these orders can tarnish your reputation, limit your activities and rights, result in legal fees and financial burdens, and appear on background checks, affecting future employment, housing, and other opportunities. Violating such orders can lead to criminal charges. At Mountaineer Criminal Law Group, we are committed to providing a robust defense against accusations that might be false, exaggerated, misleading, or intended to gain advantage in divorce or custody battles.

Book a free case evaluation with our Moundsville domestic violence protective order defense attorney online or by calling Mountaineer Criminal Law Group at (304) 381-3656.

Serious Consequences of a DVPO in West Virginia

The rules governing DVPOs are defined by the West Virginia Judiciary. Both emergency and permanent DVPOs can lead to severe consequences, including:

• Prohibiting any contact with your accuser, including phone, text, email, letter, or through third parties. This restriction may also apply to any children protected by the DVPO.
• Forcing you to move out of a shared residence.
• Removing your child custody and visitation rights during the order’s duration.
• Mandating you to pay child support and/or spousal support while the order is active.
• Ordering you to stay away from your accuser’s workplace or your children’s school/daycare.
• Requiring you to participate in an intervention program.
• Prohibiting gun possession.
• Ordering you to reimburse your accuser for reasonable costs, such as medical care, shelter expenses, or counseling.

These orders can last for 90, 180 days, one year, or longer, depending on the circumstances. Even if you’re named in a temporary order issued solely based on your accuser’s claims, you have the right to defend yourself in a subsequent hearing. This hearing will determine if the order should be extended to a more permanent duration.

Fighting a DVPO in Court

To challenge the accusations made against you in a DVPO court hearing, you’ll need to provide convincing evidence refuting your accuser’s claims. Our Moundsville criminal attorney can assist in gathering evidence to support your case in court. This may include testimony from witnesses or others who can cast doubt on your accuser’s claims. It might also involve presenting texts, emails, phone calls, or other material or physical evidence that supports your defense. We will utilize every legal measure available to protect your legal and parental rights and advocate for your best interests.

By understanding the implications of the Ohio Revised Code and other relevant laws, we ensure that our defense strategy is robust and comprehensive.

Reach out or call us at (304) 381-3656 to Mountaineer Criminal Law Group today to discuss how we can assist you in fighting back against unjust DVPO accusations.

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