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Morgantown Domestic Violence Protective Order Defense Lawyer
Fighting for the Accused in the Counties of Monongalia, Marion, Preston, Harrison, Taylor & All of West Virginia
Domestic violence protective orders (DVPOs) are issued by West Virginia courts to protect individuals and their families from alleged abuse by intimate partners, family members, and other household members. These orders are also known as “restraining orders” and may be issued on an emergency (temporary) or more permanent basis. Emergency DVPOs may be issued by a judge based only on statements made by the alleged accuser without concrete evidence being provided and without your input.
DVPOs can seriously impact your life. Being named as the abuser in these protective orders can destroy your reputation, place restrictions on your activities and rights, lead to legal fees and other financial burdens, and will be accessible on background checks which can hamper future employment, housing, and other opportunities. Violation of such orders can result in criminal charges. At Mountaineer Criminal Law Group, we are here to provide you with the aggressive defense you need to fight back against accusations that may be false, exaggerated, misleading, or meant to gain the upper hand in divorce or custody cases.
Serious Consequences of a DVPO in West Virginia
The rules regarding DVPOs are defined by the West Virginia Judiciary. Emergency and permanent DVPOs can result in consequences such as the following:
- Prohibit you from making any contact with your accuser whether by phone, text, email, letter, or even through a third party. This may also apply to any children under the protection of the DVPO.
- Force you to move out of the shared residence.
- Remove child custody and visitation rights throughout the duration of the order.
- Order you to pay child support and/or spousal support while the order is in effect.
- Order you to stay away from the accuser’s workplace or your children’s school/daycare.
- Order you to participate in an intervention program.
- Prohibit you from gun possession.
- Order you to reimburse your accuser for reasonable costs, such as medical care, shelter expenses, or counseling.
These orders can be issued for 90 or 180 days, one year, or longer depending on the circumstances. Even if you have been named in a temporary order by the court based solely on the claims of your accuser, you have the right to defend yourself in a later hearing. This hearing will be conducted to determine if the order should be extended to a more permanent duration.
Fighting a DVPO in Court
To fight accusations made against you in a DVPO court hearing, you will need to provide the court with convincing evidence refuting the claims of your accuser. Our criminal defense attorney can help you gather evidence that can be used on your behalf in court. This can include testimony by witnesses or others who may have information casting doubt on your accuser’s claims. It may include such evidence as texts, emails, phone calls, or other material or physical corroboration that will work in your favor. We will take every legal measure to protect your legal and parental rights and fight for your best interests.
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