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47 Search Results for "Domestic Violence"

March 15, 2014

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

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...

July 21, 2020

The Legal Framework of Domestic Violence in West Virginia

...In just a few minutes, Mr. Hunter clears up the confusion between the crimes of domestic battery and assault and the “WV Domestic Violence Statute” and its restraining orders, and a related ‘non-domestic violence form of ‘WV Family Court Restraining Order.” These statutes are essential tools in reducing and preventing #domesticviolence in the State of West Virginia.   https://youtu.be/ASlXR8xw8bU  ...

April 23, 2020

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

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...

April 2, 2015

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

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...

September 28, 2018

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...

November 18, 2021

WHAT ARE THE “RIGHTS” OF UNMARRIED PARENTS?

...only tool you have is a hammer, every problem looks like a nail.” So, many domestic violence filings are primarily power moves to gain an advantage in the custody matter. Call it, “The law of unintended consequences.” Domestic violence is a terrible societal problem, and many petitions filed are valid, even essential. But why is there no “domestic squabble law” allowing the magistrate or the Family Court to settle immediate problems such as who ge...

December 13, 2014

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...