PFA Violations in West Virginia

Domestic abuse cases in West Virginia are not handled under a separate set of laws. Instead, they are often integrated with other criminal charges or hate crime statutes. This means that if you are served with a Protection From Abuse (PFA) notice, you must treat it with the utmost seriousness. Receiving such a notice can leave you with many questions about its implications and how it will impact your daily life. The complexity of PFA orders often leads to defendants unintentionally violating the terms. At Logue Law Group, we are committed to providing clear and thorough information about PFA orders and the serious consequences of failing to comply.

What is a PFA Order?

A Protection From Abuse (PFA) Order is a legal directive issued by a court to protect individuals from domestic abuse, which can be either physical or emotional. It’s important to understand that a “domestic relationship” is not limited to marriage; individuals who live together can also petition the court for a PFA Order. A skilled Wheeling criminal lawyer can help you understand the specifics of your situation.

Generally, there are two main types of PFA orders: Emergency and Ex-parte.

• Emergency PFA Orders are sought in urgent situations where an alleged victim states they are in immediate danger of abuse from their partner. These orders are temporary and typically only last until the next business day when the court can hold a more formal hearing.
• Ex-parte PFA Orders are granted without the defendant present and have a longer duration, leading up to a final hearing where both parties can present their case.

Regardless of the type of PFA issued, you must follow several important rules while the court is handling the case. Any violation, known as contempt, can lead to severe legal penalties. That is why it is essential to have an experienced Wheeling criminal lawyer to guide you through these legal challenges.

What Does a PFA Order Contain?

A PFA order outlines several provisions that the defendant must follow strictly to avoid penalties. These rules can be confusing and difficult for someone without legal training to understand and adhere to. This is where a knowledgeable Wheeling DUI attorney can provide crucial guidance.

Common restrictions included in a PFA Order may consist of:

• A ban on any form of contact with the plaintiff (the person who filed the PFA) or any minor children involved.
• The temporary transfer of all parental rights for minor children to the plaintiff.
• A prohibition against entering or living in the home previously shared with the plaintiff.
• A requirement to provide financial support for the plaintiff and any involved minor children, among other conditions.

What Happens When a PFA Order is Violated?

Violating a PFA order is a criminal offense in West Virginia. The consequences are significant, with state authorities imposing strict penalties on anyone found guilty. An arrest is also a common outcome of a violation. A person convicted of a PFA violation typically faces up to six months in jail, a fine of up to $1,000, and an “indirect criminal contempt” charge on their permanent record. An experienced Wheeling DUI attorney can be vital in these situations.

To effectively handle the complexities of a PFA order, it is crucial to get help from a reputable legal professional. Attorney Sean Logue has extensive experience defending clients in these types of cases in Wheeling and is well-prepared to assist you. With his help, you can work toward minimizing the penalties or charges you face. Schedule a free consultation today by contacting him at 844.PITT.DUI.