Clarksburg Domestic Violence Lawyer

Clarksburg Domestic Violence Attorney

At Crowe Law, LLC, we understand the sensitive nature of domestic violence cases. Our Clarksburg domestic violence lawyer offers compassionate legal defense for clients accused of domestic violence.

Whether you are navigating a temporary protective order or a criminal charge or simply need assistance understanding your legal options, the legal team at Crowe Law, LLC, can help.

What Constitutes Domestic Violence in Clarksburg, West Virginia?

In West Virginia, domestic violence is broadly defined under state law. It includes any act of physical violence, threats, harassment, stalking, or intimidation by a household member against another. Household members could be:

• Current or former spouse
• Individuals who live or have lived together
• Family members, including children, siblings, and parents
• People who share a child
• Those dating or involved in an intimate relationship

Domestic violence can include emotional abuse, verbal threats, destruction of property, and any act that is used to instill fear in another person.

Even without physical injuries, an accuser’s statements alone can result in an arrest and serious legal consequences. In West Virginia, law enforcement officers have the authority to arrest someone without a warrant if there is probable cause to believe domestic violence has occurred.

In West Virginia, 39.4% of women in 2020 experienced domestic violence. In that same year, 36.3% of men were victims of domestic violence. Across the country, domestic violence hotlines received 21,321 calls for help regarding domestic violence.

West Virginia Protective Orders

When a domestic violence allegation is made, the accuser may request a protective order. These civil orders are designed to prevent the alleged abuser from contacting or approaching the victim. An emergency protective order lasts 10 days or until a full court hearing is held.

Final protective orders, however, are issued after a hearing where both parties can present their evidence. These orders can last 90 days, 180 days, or up to one year, based on the severity of the case and history of abuse.

Restraining orders can:

• Limit access to children or grant temporary custody to another party
• Prohibit the accused from contacting the victim
• Remove the accused from a shared residence
• Order the accused to surrender firearms
• Require counseling or intervention programs

Emergency Protective Order

An emergency protective order can happen when the victim believes there is a present or immediate threat of abuse. The victim can file a petition at the Harrison County Magistrate Court at 306 Washington Avenue in Clarksburg, even outside of normal operating hours. If the magistrate finds sufficient evidence, they can issue the protective order on a temporary basis.

The accused does not have to be present or aware for the order to be granted. Law enforcement can remove the accused from the home or serve the order immediately after it is granted. The accused can still contest the emergency order at the full hearing.

Our team at Crowe Law, LLC, can challenge the need for such orders when they are unfounded or misused.

Penalties for Domestic Violence

The penalties for domestic violence in West Virginia depend on many factors. This includes the nature of the incident, any prior offenses, and the presence of children during the alleged abuse. The use of a weapon can also impact the charges.

Possible penalties include:

• Jail time. First-time offenders may face up to 12 months in jail. Repeat offenders and cases involving serious bodily harm may result in felony charges with multiple years of imprisonment.
• Fines. Misdemeanor convictions can include fines of up to $500. Felony convictions may involve significantly higher fines.
• Probation. In some cases, the court could impose supervised probation, anger management, or counseling alternatives.
• Loss of gun rights. A domestic violence conviction can result in a loss of your right to own a firearm.
• Loss of custody or visitation time. Courts may alter or suspend parenting rights during or after domestic violence proceedings.
• Protective order conditions. Violating the terms of a restraining order can add additional criminal charges or penalties.

Domestic violence allegations can impact your entire life. That is why it is essential to take accusations seriously. The legal team at Crowe Law, LLC can help you understand your charges and the potential penalties you may face. We can prepare you for trial and create a defense strategy tailored to your charge and circumstances.

FAQs

How Much Does a Lawyer Cost for a Domestic Violence Case?

The cost of hiring a domestic violence lawyer in West Virginia really varies based on the complexity of the case. The attorney’s experience and location also play a role in how much they can charge. Some lawyers may charge a flat fee, while others bill hourly. Fees increase for more complex cases that require a greater time commitment and for cases that proceed to trial.

Is Domestic Violence Legal in West Virginia?

Domestic violence is illegal in West Virginia. Acts of physical harm, threats, stalking, or emotional abuse can all lead to criminal charges. Offenses may be charged as misdemeanors or felonies depending on the severity and frequency of the occurrence. The involvement of weapons also plays a role in the resulting penalties. Domestic violence protective orders can also be issued to prevent contact between the accused and the victim.

What Are the Penalties for Domestic Violence Charges in West Virginia?

Penalties for domestic violence charges vary based on the severity of the offense and if there are prior criminal charges. A misdemeanor domestic violence offense can result in jail time and a fine. Additional offenses lead to increased penalties. Offenders may also lose custody of any children. If weapons were used, the charge could become a felony, with much harsher sentencing.

How Long Do Most Domestic Violence Cases Last?

Domestic violence cases in West Virginia vary in duration based on the complexity of the case and whether it goes to trial. A straightforward misdemeanor case may not take very long, especially if a plea deal is made. Cases that involve protective orders, multiple charges, or custody disputes may take longer, as do those needing extensive evidence or witness testimony. Legal representation can help streamline the process and ensure your rights are protected throughout the process.

Contact a Clarksburg Domestic Violence Lawyer Today

Contact Crowe Law, LLC, today to schedule a consultation if you are facing domestic violence charges in Clarksburg, West Virginia. Let us stand by your side during this difficult time and work to protect your future and family.