West Virginia Domestic Violence Laws Explained

Domestic violence is a serious issue in West Virginia and throughout the United States. To combat this, West Virginia has established robust laws to help prevent abuse, protect victims, and hold offenders accountable. It is helpful to be aware of West Virginia domestic violence laws, including definitions, legal procedures, and resources to help domestic violence victims.

Legal Definition

Under West Virginia law, domestic violence or abuse involves behaviors committed by one family member or household member against another. This could include:

• Placing another in reasonable apprehension of physical harm
• Attempting to cause harm, knowingly and recklessly
• Creating fear of bodily harm through harassment, stalking, or threats

This law applies to relationships such as:

• Current and former spouses
• Persons who cohabitate
• Individuals who share a child
• Parents, stepparents, children, stepchildren, siblings, other relatives living together

Protective Orders to Safeguard Victims

West Virginia offers two primary types of protective orders: emergency protective orders and final protective orders. The differences include:

• Emergency protective order. This is issued when there is clear evidence of immediate and present danger. These orders can be granted without the respondent’s presence and usually only last until the initial court hearing.
• Final protective orders. These are granted after a court hearing and can last much longer than the emergency protective order, depending on the circumstances.

Protective orders must include provisions or instructions. For example, a protective order needs to clearly prohibit the respondent from abusing, harassing, stalking, threatening, or intimidating the petitioner and any minor children. It must also restrict the respondent from possessing any firearms or ammunition.

To file a protective order, visit the magistrate court in the county where you live, where your abuser lives, or where the abuse has occurred. For Harrison County residents, the magistrate’s office is located at 306 Washington Avenue in Clarksburg. Magistrates are available 24/7 to review petitions and issue protective orders emergently.

Criminal Offenses and Penalties

West Virginia distinguishes between domestic assault and domestic battery.

• Domestic assault. Involves attempting to cause or place a family or household member in fear of immediate physical harm
• Domestic battery. Involves unlawfully and intentionally making physical contact of an insulting or provoking nature, or causing physical harm

First offense penalties may include:

• Domestic assault. Up to six months in jail and/or a fine of up to $100
• Domestic battery. Up to one year in jail and/or a fine of up to $500

Second offense penalties may include:

• Domestic assault. Up to six months in jail and/or a fine of up to $500
• Domestic battery. Up to one year in jail and/or a fine of up to $1.000

Third or subsequent offenses are classified as a felony and can come with 1-5 years in prison and/or a fine up to $2,500.

Recent Legislative Changes

Domestic violence continues to pose a threat to West Virginia residents. In fact, West Virginia is ranked second in the nation for the highest number of domestic violence incidents. In 2020 alone, West Virginia shelters served 271 domestic violence victims per day.

In 2024, West Virginia Governor Jim Justice enacted significant change by removing the marital exception for certain sexual assault charges. In the past, individuals could not be charged with specific sexual offenses against their spouse. The new law allows for the prosecution of first- and third-degree sexual assaults within marriage.

This law can have a significant impact on the lives of women, especially as 47.5% of women experience rape or attempted rape by a partner during their lifetime.

Local Domestic Violence Help Centers

If you are experiencing domestic violence and need help fast, contact one of the domestic violence helplines listed below for Harrison County and surrounding areas.

• Hope, Inc. (304-367-1100)
• Centers Against Violence (304-636-8433)
• Rape and Domestic Violence Information Center (304-292-5100)
• National Domestic Violence Hotline (800-799-7233)

While services vary by provider, most programs typically include safety planning, emergency shelters, 24/7 hotlines, and support groups.

FAQs

What Is the Sentence for Domestic Violence in West Virginia?

The severity of the crime will determine the sentence for domestic violence charges, whether misdemeanor or felony. A first-offense domestic battery would have the lightest sentence, usually with jail time and a smaller fine. But a felony charge, especially with malicious assault or aggravated domestic battery, would carry severe penalties, such as lengthy prison terms and hefty fines. A felony of this severity might also include probation, loss of firearms rights, protective orders, and mandatory counseling.

What Is the Definition of Domestic Violence in West Virginia?

Domestic violence in West Virginia encompasses physical harm, threats of harm, harassment, stalking, or emotional abuse between family members or members of the same household. This could include spouses, ex-spouses, dating partners, relatives, roommates, or co-parents. The law protects victims by allowing them to seek protective orders and press criminal charges.

How Long After an Assault Can You Press Charges in West Virginia?

Misdemeanor assaults give you less time to report charges, while there is more time for felony assault. Certain factors can increase the timeline, such as the discovery of new evidence or identifying the assailant. Victims should report incidents as soon as possible and preserve any evidence. An attorney can help you better understand West Virginia’s statute of limitations and ensure you file charges within the legal time limits.

What Is the Self-Defense Law in West Virginia?

West Virginia’s stand-your-ground doctrine means individuals are not required to retreat before using force, including deadly force, against a threat. Self-defense is justifiable when a person is in imminent danger and uses proportional force to stop the threat. This law applies to homes, vehicles, and any public space. Evidence must show that you acted reasonably and that you were not the original aggressor to claim self-defense during a trial.

Contact a West Virginia Domestic Violence Lawyer

At Crowe Law, LLC, we know how serious the consequences of domestic violence allegations can be and how they can affect you and your family. We provide experienced, compassionate representation and tailored defense strategies that can make a difference in your case outcome.

Schedule a confidential consultation with our office today to discuss your legal options and get a better understanding of West Virginia’s domestic violence laws.