West Virginia Domestic Violence Laws

When it comes to domestic violence crimes, there are no winners. The betrayal of trust can be more traumatic than the offenses. Victims can feel hopeless and wonder if there’s any way out of the cycle of intimidation, abuse, and violence. The state of West Virginia has resources to help victims escape the nightmare of domestic abuse.

Breaking free of domestic violence requires an understanding of what it is, who can be involved, and how to get access to available protections. Having a plan that outlines your options and shows a path to freedom increases your chances for success. Read on for a better understanding of domestic violence laws in West Virginia.

How Domestic Violence Laws Work in West Virginia

Two conditions need to be met for a crime to be considered domestic violence in West Virginia. People in certain relationships must commit one of a specific subset of criminal acts for the requirement to be met. Let’s learn about each of them.

West Virginia and Domestic Violence: The Criminal Acts

For many, the image of a victim of battered woman syndrome is what comes to mind when domestic violence is mentioned. Some crimes involving physical assault qualify to be domestic violence, but so does threatening a family or household member with physical harm.

The factor present in all domestic violence crimes is control. An abuser strives to gain and maintain control of their victim via different types of abuse. The subset of offenses in West Virginia law that are considered domestic violence is:

• Sexual assault
• Sexual abuse
• Abducting, confining, detaining, or holding another person against their will
• Causing intentional physical harm to another, with or without dangerous or deadly weapons
• Attempting to cause intentional physical harm to another, with or without dangerous or deadly weapons
• Placing another in reasonable apprehension of physical harm

While any of these offenses need to occur between family or household members to be considered domestic violence, they’re still crimes that should be prosecuted, even if the courts rule the relationship doesn’t qualify. When a crime is classified as domestic violence, victims can access protections otherwise unavailable. Abusers face stricter penalties.

West Virginia and Domestic Violence: The People Involved

Domestic violence crimes are egregious because they take place between people who are family or share some sort of close relationship. This means a person who is supposed to protect the victim is the one doing the abuse instead. Under West Virginia, family members or household members who are eligible for domestic violence must share one of the following relationships:

• Spouses
• Former spouses
• Sexual or intimate partners
• Former sexual or intimate partners
• Are family through consanguinity (blood relatives like siblings, parents, cousins, etc.)
• Are family through marriage (step-family or in-laws)
• Living together as spouses would
• Had lived together as spouses would
• Residing in the same household
• Had resided in the same household
• Have a child in common
• Are dating or have dated – the court will determine if the relationship is serious enough to qualify

One of the specified crimes committed by people who fall under one of the categories is domestic violence in West Virginia.

Protection From Domestic Violence in West Virginia

Victims of domestic violence in West Virginia can access specialized protections to keep from being abused again. Their abusers face enhanced penalties and other punishments.

West Virginia Domestic Violence Protective Orders

Domestic violence protective orders are designed to keep the abuser away from the victim. While no court order can guarantee the safety of a victim, the conditions associated with protective orders can be effective in deterring the abuser from striking again.

Most protective orders are shaped to meet the differing needs of each case. West Virginia takes it a step further by having a set of conditions that are mandatory for all domestic violence protective orders. The requirements elements for the abuser (respondent) are:

• No abusing, harassing, stalking, threatening, or otherwise intimidating the victim (petitioner) or minor children
• No engaging in conduct that would place the petitioner or the minor children in reasonable fear of bodily injury
• No possession of any firearm or ammunition for the duration of the order
• Being aware that possession of a firearm is a criminal offense
• Being made aware that the protective order is in effect in every state
• Being made aware that a first violation of the order is punishable by imprisonment for up to one year and by a fine of up to $2,000

While these conditions are in every protective order, they aren’t the only ones available for inclusion. Other provisions include:

• Granting possession of a shared residence to the petitioner
• Ordering the respondent to stay away from the petitioner’s residence, workplace, or other specified locations
• Ordering the respondent not to make any contact with the petitioner
• Awarding the petitioner the exclusive care, possession, or control of any household animal and forbidding the respondent from harming the animals in any way
• Awarding temporary custody or establishing temporary visitation rights of involved children
• Imposing conditions on temporary visitation if necessary
• Ordering temporary child support
• Ordering temporary spousal support
• Mandatory participation in an intervention program for the respondent
• Allowing the retrieval of personal possessions at a scheduled time and accompanied by law enforcement
• Ordering the respondent to reimburse the petitioner for expenses incurred as a result of the domestic violence
• Ordering the petitioner and respondent to refrain from dealing with property subject to the jurisdiction of the court

The court can add any condition it deems necessary.

There are two different types of domestic violence protective orders in West Virginia. Emergency ex parte protective orders are filed by victims who have been abused or feel they’re in imminent danger of being abused. Petitioners (victims) file forms requesting a protective order at a Magistrate Court. Someone will be at the court to help them 24 hours a day, seven days a week.

The forms will ask for information recounting the abuse and request details about past abuse as well. While you can download the forms and fill them out before going to court, it’s difficult to ensure your online activity is hidden.

Once the forms are filed with the court, there’s an emergency hearing held between the petitioner and a Magistrate. If the Magistrate feels there’s a threat of abuse, they’ll issue the emergency protective order. This is a temporary order in effect until the hearing for a final protective order, which is often within 10 days.

The respondent (defendant) will not be notified about the emergency protective order until they’re served by law enforcement within 72 hours of its issuance. They can present their side of the argument at the hearing, as can the petitioner. Both sides can offer evidence and call witnesses.

If the court rules for the petitioner, the conditions of the final protective order will be in effect for either 90 days, 180 days, or a year. The petitioner can file for an extension before the order expires. The respondent can request the charges to be purged two years after the ruling.

West Virginia protective orders are valid in every state and U.S. territory, which is also a federal requirement under the Violence Against Women Act (VAWA). If the respondent fails to appear for the hearing after being served, the final order takes effect.

For more information on the types of protective orders available in West Virginia, check out FindLaw’s West Virginia Protective Orders Laws article. It includes an examination of restraining orders that aren’t for domestic violence crimes.

Other Domestic Violence Protections in West Virginia

Victims who have moved away from their abuser can make use of West Virginia‘s Address Confidentiality Program by sending in the proper forms. This allows the victim to have a second mailing address that keeps their residential address off public records. More information is available on the West Virginia Secretary of State’s website.

Law enforcement officers responding to a domestic violence call can transport a victim to a domestic violence shelter. Protective orders can be put in place during divorce proceedings as well as after.

Domestic Violence Violations and Punishments in West Virginia

Being charged with a domestic violence crime can have long-lasting effects on an abuser. The order is entered into the West Virginia domestic violence database and also sent to the West Virginia State Police. Law enforcement in the abuser’s jurisdiction is also notified of the restraint order.

Once a protective order is in place, violations are not treated with a slap on the wrist. Victims are likely to get primary custody of shared children, and abusers can have their visitation rights curtailed or supervised.

The first violation of a protective order is a misdemeanor, punishable by a fine of between $250 and $2,500 and a jail term of between one and 364 days. The second offense carries a fine of between $500 and $3,000, along with a term of imprisonment ranging from 90 days to a year, of which at least 30 days must be served in jail.

Any third or subsequent violation within ten years incurs a fine of between $500 and $4,000, as well as a potential jail term of up to one year, with a minimum sentence of six months in jail. These charges are added to convictions for any crimes committed during the violation.

West Virginia Domestic Violence Laws: Summary

The table below recaps what you’ve learned above and adds links to important West Virginia domestic violence codes.

Note: The state laws of West Virginia change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information, please consult a West Virginia domestic violence attorney or conduct legal research to verify West Virginia laws.

West Virginia Domestic Violence Laws: Additional Resources

• West Virginia Coalition Against Domestic Violence
• National Domestic Violence Hotline (800.799.7233)
• Domestic Violence FAQ
• Rules of Practice and Procedure for Domestic Violence – West Virginia Judiciary
• West Virginia Domestic Violence Forms – West Virginia Judiciary

Domestic Violence Issues in West Virginia? Talk to an Attorney

Being of victim of domestic violence can be dangerous, demeaning, and exhausting. Finding a West Virginia family law attorney who’s an expert in domestic violence cases and understands how Family Court in West Virginia works can help you escape a toxic situation.

Being charged with acts of domestic violence can threaten your future. If you find yourself facing domestic assault charges, domestic battery charges, or any other domestic violence criminal charges, consider speaking to a West Virginia criminal defense attorney. They can review your case, give you legal advice about your options, and be your advocate in court.