Question by  Ken33 (22)

What is West Virginia's domestic battery law?


Answer by  AllanR (43)

It's defined as "physical contact of an insulting or provoking nature" or causing a household member physical harm, and classified as a misdemeanor. The punishment is a maximum of 12 months in jail, being fined a maximum of $500, or both. If you're being battered, please call 911.

posted by Anonymous
Needs to be more than a "misdemeanor".  add a comment

Answer by  RedShift (177)

There are two types of domestic battery laws in West Virginia, misdemeanor and felony. Victims can include wife, husband, parent, child, domestic partner, or guardian. Penalties can range from a small fine for a first offense misdemeanor all the way to ten years in prison for a third offense of domestic battery.


Answer by  mammakat (11147)

Over the past ten years West Virginia has diligently broadened and codified their domestic violence laws to extend restrictive orders, make notification broader, and many other factors. You will need to check the core laws and statutes in a given county, but it seems that WV has gotten admirably strict.


Answer by  JohnHolmes (2660)

It would depend on the county where the violation took place as most of these cases are not tried in state courts. Most of them require some physical signs as well as witnesses or evidence of the abuse for the case to be able to proceed to trial. You can still file a complain even without this available.


Answer by  patti (29325)

According to Virginia statute 18. 2-57. 2, a person "who commits an assault and battery against a family or household member shall be guilty of a Class 1 misdemeanor. " The section goes on to describe multiple offenses and the various felony charges that ensue.


Answer by  Jalaine11 (2043)

There are many different laws covering many things about domestic battery. Your local SOS shelter would be able to assist you. The rights of domestic battery victims are well covered.


Answer by  Anonymous

If the first offense was stronger....maybe there wouldn't be as many additional offenses before someone loses their life. i have read that WV is the 2nd highest in the nation for domestic violence.

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