Domestic Violence Petition - This is an official form from the West Virginia Supreme Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by West Virginia statutes and law.
West Virginia Domestic Violence Petition
Category:
State:
West Virginia
Control #:
WV-SCA-DV-M-1201
Format:
PDF
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Description
How to fill out West Virginia Domestic Violence Petition?
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FAQ
If the magistrate finds evidence of immediate and present danger of abuse to the petitioner or minor children, the magistrate will give the petitioner an Emergency Protective Order. The Emergency Protective Order is in effect until the Family Court enters an order in the case.
You can ask the state or federal government's prosecutor to drop the charges, but they do not have to honor your request. A good prosecutor will usually take your wishes into account when considering what the appropriate punishment should be, but they make the final decision.
Definition of DELIVERY VERSUS PAYMENT (DVP) (Black's Law Dictionary)
The answer is no. Once the prosecutor's office has issued a domestic violence charge, the victim has no authority to drop the charges.
Top. In WV, any person commits a domestic violence felony when he/she has been convicted three or more misdemeanors within 10 years. If found guilty, the abuser may be sent to prison for 1-5 years or has to pay a fine of $2,500 or less.
A Domestic Violence Protection Order (DVPO) is a court order issued to provide protection to a victim of domestic violence.
If the altercation that led to the alleged domestic violence was less of an assault and more of a mutual fight, the accuser may realize they could be charged as well and invoke their fifth amendment right against self-incrimination. Without a cooperating witness, the case may be dismissed.
Dropping the Order of Protection When the situation only involves the domestic relations courts, it is less difficult to drop the order. The parties would need to agree to file a dismissal, and then the petition for the order may drop.