Domestic Violence Defense at Harclerode Law, PLLC
Domestic violence, also referred to as family or household abuse, is a serious legal matter in West Virginia. Violence against family members or intimate partners is governed by distinct laws, often carrying stricter penalties than similar offenses committed outside the home.

A conviction for domestic violence can lead to additional legal consequences, including the issuance of Family Protection Act Orders (FPOs) or restraining orders, which can significantly impact your life. These court orders may affect child custody, force you to leave your home, restrict contact with the protected person, and even result in a lifelong ban on gun ownership.

At Harclerode Law, PLLC, our team is well-versed in West Virginia’s domestic violence laws and has extensive experience defending clients in local courts. We are ready to assist you in related matters, such as protective order hearings, and will work diligently to secure the best possible outcome for your case.

Contact Harclerode Law, PLLC for a free consultation with a domestic violence attorney. Call (304) 931-0479 to schedule an appointment today.

What Constitutes Domestic Violence in West Virginia?

Domestic violence includes assault or battery, defined by the following actions:

• Attempting to or recklessly causing physical injury to another person, with or without a weapon
• Causing reasonable fear of imminent physical harm
• Threats, harassment, stalking, or psychological abuse instilling fear of harm
• Engaging in sexual assault or abuse
• Unlawfully restraining or kidnapping another individual

Victims may include current or former spouses, cohabitants, individuals in a dating relationship, parents of a shared child, or those related by blood or marriage.

Domestic Violence Charges and Penalties

Domestic violence charges range from misdemeanors to felonies, depending on the severity of the offense. Penalties may include fines, imprisonment, or both. Repeat convictions carry increased penalties, with third offenses being charged as felonies. Earlier convictions may involve unlawful restraint, where the victim is restrained through force or threats.

• First conviction: Up to six months in jail and/or a fine of up to $100
• Second conviction: 30 days to six months in jail and a fine of up to $500
• Third-offense felony: One to five years in prison and/or a fine of up to $2,500

Restitution may also be required, covering costs such as medical treatment, counseling, or property damage.

Protective Orders in West Virginia

Protective orders, also known as restraining orders, are court-issued documents that prevent further harm to domestic violence victims. These orders may prohibit contact, approaching the victim, or entering certain locations. They can be issued on a temporary or permanent basis, lasting up to a year.

Protective order terms can include:

• Prohibition from entering the victim’s home, school, or workplace
• Maintaining a specific distance from the victim
• Temporary child custody granted to the victim
• No contact with the victim by phone, text, or other means
• Requirement to attend a batterer’s treatment program

Violating a protective order can result in additional criminal charges.

Domestic Violence and Child Custody

Domestic violence charges can have a significant impact on child custody arrangements. Courts prioritize the child’s best interests, and a history of domestic violence is a key consideration. A parent with a record of violence may lose custody or be restricted to supervised visitation.

At Harclerode Law, PLLC, we understand how serious these charges are and are committed to providing the defense you need. Call (304) 931-0479 to schedule a free consultation today. A Clarksburg Defense Attorney can make all the difference.