Taking Immediate Action In Domestic Violence Cases
Unfortunately, courts are often quick to enter restrictive measures against individuals involved in a domestic disturbance. Some accusations of domestic violence or domestic assault are levied as an attempt at revenge on the other person, or in an attempt to gain leverage in a divorce proceeding. If these accusations are unfounded, it’s important that you contest them. The court needs to hear your side of the story. Having an experienced criminal defense attorney can help ensure that your rights are protected during this process.
I am criminal defense lawyer Scott C. Brown, and I can ensure that your voice is heard by the court. I work hard to protect your rights when you are facing domestic violence accusations. Many domestic violence cases boil down to a he said/she said scenario. Contact me if you are looking to tell your side of the story.
Emergency Protective Orders
An individual may easily petition a magistrate court (in West Virginia) or divisional court (in Ohio) for an emergency protective order (also known as a “restraining order,” “peace order,” or “order of protection”) alleging that you have committed or threatened to commit an act of domestic violence. This order is typically filed against you without your presence in the court. Often, these petitions are granted and a temporary protective order is entered against you. You are then served with the temporary protective order.
With this order in place, you will be forced to find a new place to live. You lose your right to possess a firearm, your right to enter your own home, and limitation may be placed on your right to see your children. The court may also impose child support and spousal support requirements during this time.
Permanent Protective Orders
With the issuance of a temporary protective order, the next stage is for a hearing to be held to see whether a final protective order will be entered. It is at this time that you can present your side of the story and call witnesses on your behalf. If granted, a protective order may last anywhere from 90 to 180 days in West Virginia, so it’s important to contest it as vigorously as possible.
If you are arrested and found to be in violation of a protective order for domestic violence, you could spend up to a year in jail. Do not let it get that far. Contact me as soon as you are served with the papers and we can work to make sure that your side of the story is heard by the court. Call Scott C. Brown Law Office at 304-907-0599.