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urges you to dial 911.
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As with browsing this site, email is not a safe way to communicate with us.
If any communication is needed please call our office at (304) 772-3018 or
dial 911.
If you need a referral to your closest Domestic
Violence Program, you can call the National Domestic Violence Hotline at
1-800-799-SAFE twenty-four hours a day, 7 days a week.
If a Domestic Violence Protection Order is needed,
please contact the Monroe County Magistrate Office at 304-772-3176.
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.
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