Your home should be a place where you feel comfortable and safe. Many people put a significant amount of time, effort, and money into making their house a home for themselves and their children. Unfortunately, abuse and assault make feeling safe at home an impossibility. Domestic violence creates unfair and unsafe dynamics that can jeopardize your physical, mental, and emotional health. If you experience violence in your Beckley, West Virginia home, it is important to know that you have options.
West Virginia law allows individuals in domestic violence situations to obtain court protection orders that reflect the individual’s situation. Some of these protective orders are temporary, while others provide permanent protection from the abuser. No matter what your situation may be, there is a personal safety order that can help you to recover and rebuild after abuse.
Navigating the world of restraining orders can be confusing. It can be especially difficult if you are also experiencing complicated emotions surrounding the situation. Fortunately, our domestic violence attorneys are here to support you during this process and ensure that the law protects you from further violence.
Our team at Erica Lord Law Group has been working in the domestic violence and protective order sector for many years. We understand how essential these protective orders are to both physical and mental wellbeing, and we work quickly and diligently for all of our clients. Our goal is to ensure your safety as soon as possible.
Because we have nearly two decades of experience, we know how to navigate these situations with ease. However, we also understand that this is a scary and intimidating scenario for many of our clients. When you work with us, we treat you with respect, empathy, and patience while you go through this process. Although we have seen these cases many times, we understand that you have not, and we can make sure that you are as comfortable as possible.
Our team has no patience for domestic violence and abuse. You can trust us to be your advocate in court and help you to create and enforce a protective order.
Restraining orders, or protective orders, are arrangements that prevent abusive individuals from further abusing their victims. These orders require that the abusive person stay away from their victim and even outline how far away they must stay. If the abusive individual does not follow the guidelines of the restraining order, they face time in jail and further legal consequences.
There are many types of protective orders that are helpful to know about.
You can obtain an emergency protective order quickly from law enforcement officials. If you call the authorities regarding a domestic violence incident, you can request an emergency restraining order that will begin quickly and provide temporary protection while your case develops. Law enforcement must get approval from a judge, but these orders often take effect within 24 hours and provide essential protection until something more permanent can be obtained. These are usually valid for only a few weeks.
An emergency protective order gives you a bit of time to seek out a final protective order from the court. A final protective order can last for years or even a lifetime. To get one, you must go through a full court process where a judge will determine whether the request is valid and necessary.
An exploitation protective order helps to protect a particularly vulnerable individual from abuse. Common candidates for these orders include the elderly and medically incapacitated individuals.
A: Yes. Domestic violence charges are usually considered civil cases in West Virginia, and therefore the prosecuting individual can choose to drop the charges. However, in some situations, the abuse is so severe that the state prosecutes the defense in a criminal case. In these situations, the victim has no option but to drop the charges. If the defendant violates a protective order, the resulting legal action will be criminal as well.
A: Usually, permanent restraining orders are valid for two years. However, under certain circumstances, the court will require that the protective order be enforced for longer than that. The terms of a protective order depend on the situation, the history of the individuals involved, the severity of the abuse, and the risk of repeat violence.
A: A restraining order outlines how far away an abusive individual must be from a past victim. If the abusive individual fails to adhere to the terms of the restraining order, law enforcement has grounds to arrest them and charge them with further crimes. These orders generally require that the abusive individual stay away from the victim’s home, work, and places that they frequent, such as the grocery store, restaurants, and bars.
A: You need to work with an attorney if you wish to drop a restraining order. Your family law attorney will discuss the details of the case with you and your reasons for wanting to drop the protective order. In some cases, if you drop the protective order, you may face further violence. Your attorney can help you to determine if that is likely in your situation.
Experiencing domestic violence and obtaining a protective order is an intimidating and emotional process. It is difficult to navigate this process on your own, especially without any legal experience. Our team at Erica Lord Law Group is here to support you during the protective order process, and we can represent you during divorce or child custody proceedings if they are necessary in your case. When you work with us, you can be sure that the violence is behind you and your future is safe and supportive.
For more information about our services and experience, please contact Erica Lord Law Group through our website.