39 Search Results for "Domestic Violence"

April 2, 2015 at 6:58 pm

WV Senate Bill 430 – The Law That No One Heard Of

...hat the bad behavior I was talking about made up the 95% of behaviors that domestic violence laws do not touch! I explained that, from my experience, it is this behavior that spirals into domestic violence. My opponents’ sole objection? Passing such a law might endanger funding under The Federal Gun Control Act and The violence Against Women Act. That made no sense to me as we were talking about behavior that was NOT domestic violence as defined b...

September 25, 2018 at 11:51 am

A CONUNDRUM FOR FAMILY COURTS: WHAT TOOL FOR WHAT PROBLEMS? #1

...hem out like hotcakes, and people began filing them even when there was no domestic violence. (Note, without an accusation of domestic violence, magistrates may not determine temporary custody, possession of a house, or a car, or a pet. But with the violence accusation, they may order any of that relief, temporarily, without a hearing!) That makes it a powerful weapon that many people use. Do not get me wrong. Domestic violence is a very serious p...

March 15, 2014 at 1:50 pm

Domestic Violence

...cated to helping clients who are facing legal and family issues related to domestic violence. Dealing with Domestic Violence Many people do not understand the terrible stigma that a domestic violence filing creates. If the prosecutor’s office becomes involved and believes a crime such as domestic battery has been committed, the state takes over. A conviction for domestic battery results in a permanent ban on the ownership or possession of firearms...

August 20, 2012 at 8:48 pm

Domestic Violence and Family Court

...ainst the other. I don’t envy them. Someone noticed that the family court, domestic violence court, and juvenile court do not work together, so they passed a law. Now there are “overlap rules” so when the family court sees evidence of abuse, he/she sends a secret report to the circuit court who can order CPS to do its job. There were a flurry of these in the beginning, but I haven’t seen one in a couple of years. I know you think you know where I...

September 28, 2018 at 1:37 pm

A CONUNDRUM FOR FAMILY COURTS: WHAT TOOL FOR WHAT PROBLEMS? #2

...ing that back to the original issue I addressed in this case, since 70% of domestic violence filings are really “domestic squabbles” that do not need to have the stigma and the harsh adversarial quality of a domestic violence accusation, why does the magistrate not have the ability to accept petitions for “domestic squabbles”, conflicts that are urgent but fall short of domestic violence? They could address them swiftly with simple orders such as...

April 23, 2020 at 9:15 pm

Domestic Violence: the Ramifications

...ence, the Ramifications from Either Perspective: https://youtu.be/sHPhZFbY Domestic violence is an ever-present reality in our fair State. And there can be no doubt that when you add to the mix the isolation, financial strain, medical issues, and worry of the Covid19 Crisis, it’s going to increase. I urge perpetrators to seek help. Remember, it isn’t always a broken arm or gunshot. Abusers break furniture, harm or threaten to harm pets, restrict m...

July 20, 2010 at 11:54 pm

Mediation Conundrums, Domestic Violence, and Sociopaths

...Tonight I check my e-mail and post to my blog. I learned that the laws on domestic violence are being toughened even more. Not sure how the gun lobby missed these major changes which create major impediments to a person getting his/her gun rights back even after the restraining order expires. Not sure how the police are going to handle the many new tasks assigned to them. I wonder who budgeted for that? But, common sense dictates that if a person...

December 13, 2014 at 3:52 am

WV Supreme Court Rules People May Not Agree to Leave Each Other Alone.

...g order ( I prefer “mutual no unwanted contact order”) must be tied to our domestic violence statute and can only be entered if there are findings of domestic abuse. They have taken away the most simple, practical, tool we had to keep people OUT OF domestic violence and criminal court. What were they thinking?! This is a very, very, very bad ruling, which misses entirely the fact that being pestered, bothered, constantly texted, embarrassed at Wal...

April 13, 2015 at 7:59 pm

I. The Law of Families in WV – Some Very Preliminary Thoughts

...mean many things. It can mean that abusive behavior that falls below the “domestic violence standard” can be prevented before it becomes domestic violence. It can mean that a person “on the edge” of physical or emotional collapse will not collapse because of incessant calls, e-mails, text, or contact. It can mean that a person can gain enough “space” to begin to gather her/his thoughts and move forward with their lives. It may mean that children...

June 28, 2015 at 10:05 pm

WV FAMILIES DODGE A METAPHORICAL BULLET

...aintain order. Without the ability to bar bad behavior that falls short of domestic violence, pretty soon every incident of poor behavior would begin to look like domestic violence. to its victims. DV filings would have soared because it is the only tool the Supreme Court gave the Family Courts. This is an instant where the legislature was much wiser and pragmatic than our Court. And, it is an example that sometimes the people “in the trenches” ha...