Domestic Violence

Domestic violence is a serious issue in Wheeling, and local law enforcement agencies handle these cases with the gravity they deserve. The primary goal of the law is to protect parents, spouses, and other family members who are at risk of harm in their own homes.

It’s important to understand what behaviors are legally considered domestic violence. The following actions are classified as acts of domestic violence:

• Stalking
• Criminal Trespass
• Harassment
• Violation of a Protective Order
• Domestic Assault
• Endangering the Welfare of Children
• Child Abuse
• Sexual Assault
• Kidnapping
• Homicide

The laws in West Virginia are structured to offer protection to those who have experienced domestic violence. It’s also true that in some contentious child custody or divorce proceedings, false accusations can be made for personal advantage. No matter the specifics of the charges you are facing, it is vital to protect your rights by hiring a reputable Wheeling criminal lawyer. At Logue Law Group, we are dedicated to fighting for your rights.

Important Legal Definitions in West Virginia

To fully grasp the charges you might be facing, it helps to be familiar with some key terms as defined by West Virginia law.

Family or Household Member

This term is broad and includes:

• Spouses
• Ex-spouses
• Individuals who live together as a family
• Parents
• Children
• People related by blood or marriage
• Individuals who have a child together
• Current or former sexual or intimate partners

Harassment

Harassment is defined as repeatedly annoying or alarming another person through unwanted actions. This can include unwanted physical contact, following someone, or engaging in a course of conduct with no legitimate purpose. A skilled Wheeling criminal lawyer can provide more insight.

Domestic Abuse

This refers to the intentional act of causing physical injury, sexual assault (with or without a weapon), unlawful restraint, or child abuse against a family or household member. If you are facing such allegations, it is wise to consult with a Wheeling DUI attorney.

Protection from Abuse Order

A Protection from Abuse (PFA) order is issued by a judge. It prohibits an individual from committing certain acts and can require them to take specific actions in response to domestic abuse allegations.

Common Domestic Violence Charges in Wheeling

Harassment

Harassment involves acting with the intent to alarm or seriously annoy someone.

• Classification: Misdemeanor
• Penalties: Up to 6 months in jail and a fine of up to $500.

Stalking

Stalking involves a pattern of behavior that causes another person to fear for their safety or suffer substantial emotional distress.

• Classification: Can be a misdemeanor or felony, depending on the specifics.
• Penalties: Potential jail time ranging from 90 days to 5 years, with fines up to $10,000. It’s crucial to have a Wheeling DUI attorney to navigate these serious charges.

Unlawful Restraint (False Imprisonment)

This charge applies when a person knowingly and unlawfully restrains another individual against their will.

• Classification: Misdemeanor
• Penalties: Up to 1 year in jail and a fine of up to $500.

If you are facing charges of unlawful restraint, a skilled Wheeling criminal lawyer can help you understand your rights and develop a strong defense strategy.

Child Abuse

Child abuse covers a range of actions where a parent or guardian knowingly endangers a child’s welfare through neglectful or reckless behavior.

• Classification: Can range from a misdemeanor to a felony.
• Penalties: Penalties are severe and can include imprisonment for 1 to 10 years, or more, depending on the severity of the abuse.

Sexual Assault

Sexual assault involves engaging in sexual acts without the other person’s consent or with someone who is incapable of giving consent.

• Classification: Felony
• Penalties: Can result in 10-25 years in prison and significant fines.

A Wheeling DUI attorney with experience in sexual assault defense can challenge the prosecution’s evidence and work to secure the best possible outcome.

Consequences of a Protective Order Violation

Protection From Abuse (PFA) orders are critical legal instruments for ensuring an individual’s safety. These court orders are designed to protect a plaintiff or child from violence and retaliation. Much like a restraining order, a PFA restricts the alleged abuser from approaching within a specified distance of the victim or contacting them in any way. The order often prohibits the abuser from being at the victim’s workplace, school, and from possessing firearms. Child custody is also typically denied to the person named in the PFA.

It is vital to understand that PFA orders have significant legal authority, and any violation carries serious consequences. Violating a PFA can lead to criminal contempt charges, which may result in up to one year in jail and a fine of up to $1,000. If you need representation, a Wheeling DUI attorney can offer guidance.

West Virginia Domestic Violence Resources

In any situation involving domestic violence, having access to the right resources is essential. Here are several organizations in West Virginia that can offer support and guidance:

• Your local Police Department
• West Virginia Coalition Against Domestic Violence (WVCADV)
• TEAM for West Virginia Children

Consulting a Wheeling Domestic Violence Lawyer

If you are facing domestic violence charges, having a dedicated legal professional on your side is crucial. At Logue Law Group, our Wheeling criminal lawyer is ready to provide the assistance you need during this difficult time. Contact us at 844.PITT.DUI today to schedule a free consultation and take the first step toward resolving your legal situation.