Frequently asked questions relating to domestic violence and divorce in West Virginia :
What course of action should I take if my spouse is violent ?
First things first – call the police if your life or anyone else’s life is in danger at all times. When you are safe and out of harm’s way contact the domestic violence agency in your county, they can direct you to a shelter where you will be safe. You may also be able to obtain residence of the marital property in the case of domestic violence, automobile custody and of course custody for any children. The court may order your spouse to stay away from you and your children. Violation of any court order of a no trespass order results in an arrest. You may obtain a domestic violence order if you have been threatened with bodily harm, attempts to cause bodily injury, or places you in fear of imminent danger.
Is emotional support available to victims of domestic violence ?
Emotional support is available and should be obtained by anyone involved in a divorce in West Virginia. You can obtain help by psychiatrists, counselors, social workers and psychologists. Many of these professionals are available to non-profit organizations to help the victims of domestic violence seeking help in a divorce. Some agencies will even base your fees upon your income.
Can I leave the marital property and never return ?
You can leave the marital property and never return, even taking your children unless there is a court order that states you cannot. Never make this decision without discussing it with an attorney to see how this choice will affect your divorce. Leaving the house without solid ground may affect your divorce or any alimony payments and could possibly be charged to you as desertion, which is why it is important to seek legal advice before making any decisions. However, if your spouse is being violent you must take all measures to protect yourself and your children.