| |
DOMESTIC VIOLENCE & WEST VIRGINIA LAW |
|
To access the actual state code sections which relate to domestic
violence, click on the web address below. On the left-hand side of the page,
click on "WV Code" and then "State Code." You will be given the opportunity to
search the law in several formats; for law related to domestic violence, search
for Chapters 48 and 61. The law site address is
http://www.legis.state.wv.us./
If you need the services of an attorney because of a domestic violence
situation, you may wish to contact WV Legal Aid through their website located
here:
http://www.lawv.net/Home/PublicWeb
Legislative Highlights of Recent Years
1989
The Domestic Violence Act
created the Family Protection Services Board to develop standards for annual
licensure and funding of domestic violence programs. This Act provided an
additional fee for filing a divorce action and generated an increase in funding
for licensed domestic violence programs.
1990
Revisions to the Prevention of Domestic Violence Act of 1979 broadened the definition of domestic
violence; allowed advocates to be present at domestic violence hearings;
lengthened the period of protective orders from 30 to up to 60 days; required
magistrates to inform persons seeking a domestic violence protection order of
the nearest residential or protective service available for abused persons;
mandated the development of policies and procedures for law enforcement response
to domestic violence calls.
1991
Revisions to the Prevention of Domestic Violence Act permitted service of protection orders on
Sundays and legal holidays; required responding police officers to transport or
facilitate transportation of victims to a safe place; enabled protective orders
to be enforced across county lines; and established conditions of bond in
domestic violence cases.
1992
An omnibus bill known as the Family Protection Act of 1992 revised several sections of the WV Code
located in Chapters 15, 48, 49, 61, and 62. Among other things, this law
expanded and clarified the definition of household members, the responsibilities
of law enforcement officers and their jurisdictions, the length of protection
orders, and issues related to conditions for bond. This Act also termed domestic
violence as a “crime that can no longer be excused or tolerated.”
1993
An amendment to the WV Code included a statement in the marriage license saying that each party has
protected rights to live within the marriage free from violence and abuse, and
that certain activities among spouses or other family members are crimes
punishable by law. Amendments to another section of the WV Code created the
misdemeanor offense of stalking for the first two convictions, and a felony
offense for the third conviction.
1994
Amendments to the WV Code created crimes of domestic assault and domestic battery and allowed law
enforcement officers the power to make an arrest when probable cause existed
that the crime of domestic violence occurred. Another bill passed that
eliminated corporal punishment in schools. On the federal level, the Violence
Against Women Act was passed. This Act established full faith and credit of
valid protection orders across state lines; created new crimes of interstate
domestic violence and interstate violation of protection orders; established
civil remedies for crimes of violence motivated by gender; created protections
for battered immigrant women and their children; included firearms restrictions
for those subject to domestic violence protection orders and/or who are guilty
of the crime of domestic violence.
1996
The Legislature passed a bill creating a forensic medical examination fund for use by the WV Prosecutor's
Institute to pay for the costs of forensic medical examinations for persons
alleging to be a victim of sexual assault and/or rape.
1997
Governor Cecil Underwood signed an Executive Order creating the Governor's Family Violence Coordinating
Council. The mandate of the Council is to assess the status of domestic violence
in West Virginia and to make recommendations to the Governor and the legislature
in the year 2000.
1998
The legislature passed a comprehensive bill that focused primarily on the prevention of domestic and
family violence. The Domestic Violence Prevention Act of 1998 expands the
definition of domestic violence to include dating violence; lengthens the time
of an initial order to a maximum of 180 days; enhances state law to reflect
provisions of the Violence Against Women Act in the areas of full faith and
credit and firearms restrictions; requires training on the dynamics of and laws
regarding domestic violence for various professionals and state employees;
directs the Department of Education to develop age appropriate curricula that
specifically addresses domestic and family violence; directs the Bureau of
Public Health to develop a statewide public health plan and to publish model
standards on health care response to domestic violence for health care
facilities.
1999
The legislature overhauled the Domestic Relations Law and made major changes to the procedure for asset
allocations in the divorce process. Changes were also mandated to the process of
determining child custody and child support. This revision will shift the final
hearing of Family Protection Orders from the Magistrate Court System to a Family
Court System in April, 2001.
2000
In 2000, a bill was passed creating a felony offense for the possession of firearms by persons under
domestic violence protection orders. In this session, the legislature also
passed into law a criminal felony penalty for employees of correctional
facilities who engage in sexual activity with incarcerated persons. The Uniform
Child Custody Jurisdiction Enforcement Act was also enacted into law.
|
|
|
