Wellsburg Domestic Violence Protective Order Defense Lawyer

Fighting for the Accused in the Counties of Brooke, Marion, Preston, Harrison, Taylor & All of West Virginia

West Virginia courts issue Domestic Violence Protective Orders (DVPOs) to safeguard individuals and families from alleged abuse by intimate partners, family members, and other household members. These orders, also referred to as “restraining orders,” can be granted on an emergency (temporary) or long-term basis.

Emergency DVPOs may be granted solely based on the statements made by the alleged accuser, without concrete evidence provided or your input. However, it is crucial to understand that DVPOs can have significant implications in your life. Not only can being named as the abuser in these orders tarnish your reputation, but it can also impose restrictions on your activities and rights. Additionally, it can lead to legal fees and other financial burdens. Moreover, it’s important to note that DVPOs can be accessible on background checks, potentially hindering future employment, housing, and other opportunities. Violating these orders may result in criminal charges.

At Mountaineer Criminal Law Group, we are committed to providing you with a robust defense to counter false, exaggerated, misleading, or strategically motivated accusations, particularly in divorce or custody cases. We understand the impact these orders can have on your life, and we are here to help.

Take the first step towards building your defense by booking a free case evaluation with our Wellsburg Domestic Violence Protective Order Defense Attorney. You can schedule your appointment online or by calling Mountaineer Criminal Law Group at (304) 381-3656.

Serious Consequences of a Domestic Violence Protective Order (DVPO) in West Virginia

The West Virginia Judiciary has established rules governing DVPOs, with both emergency and permanent orders carrying significant consequences. It is important to be aware of the potential ramifications, which may include:

• No Contact: The order can prohibit any form of contact with the accuser, including phone calls, text messages, emails, letters, or even communication through a third party. This prohibition may extend to any children protected by the DVPO.

• Relocation: You may be required to move out of a shared residence, further complicating matters.

• Child Custody and Visitation: Throughout the duration of the order, your custody and visitation rights may be revoked.

• Financial Obligations: The court may order you to pay child support and/or spousal support while the order is in effect.

• Restricted Areas: You may be ordered to stay away from the accuser’s workplace and your children’s school or daycare.

• Intervention Program: Participation in an intervention program may be mandated by the court.

• Firearms Possession: The order can prohibit you from possessing firearms.

• Reimbursement: You may be required to reimburse your accuser for reasonable costs, such as medical care, shelter expenses, or counseling.

The duration of these orders can vary depending on the circumstances, ranging from 90 or 180 days to one year or longer. It is crucial to understand that even if you are named in a temporary order based solely on the claims of your accuser, you have the right to defend yourself in a subsequent hearing. During this hearing, the court will assess whether the order should be extended for a more permanent duration.

Fighting a DVPO in Court

To effectively contest accusations made against you in a DVPO court hearing, it is imperative to present the court with compelling evidence refuting the claims of your accuser. Our experienced Wellsburg WV criminal attorney will assist you in gathering evidence that can be used in your defense. This may include testimonies from witnesses or individuals with pertinent information that casts doubt on the claims made by your accuser. It may also involve presenting evidence such as texts, emails, phone records, or other corroborating material. Our priority is to protect your legal and parental rights and advocate for your best interests by employing every available legal measure.