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Guide of Civil Complaint West Virginia Judiciary Courtswv

this is the first video in a four-part.series designed to walk you through the.domestic violence process everyone has a.right to be safe and secure in their own.home and with their family domestic.violence interferes with this basic.right.sadly domestic violence can affect.people of all ages men women and.children it can affect different.socio-economic classes different races.and different ethnic backgrounds the.West Virginia court system protects the.rights of everyone whether they are a.victim of domestic violence or have been.accused of committing domestic violence.the purpose of this video is to explain.how the court systems domestic violence.process works and how it protects.everyone the term domestic violence.legally means causing physical harm.attempting to cause physical harm or.putting someone in fear of physical harm.putting someone in fear of physical harm.means doing something that makes the.other person feel physically threatened.it can include harassment and.psychological abuse domestic violence.also can include sexual assault sexual.abuse abduction or holding someone.against their will.anyone who is the victim of domestic.violence can ask a court to issue a.protective order protective orders.identify who needs to be protected who.is accused of domestic violence and what.the accused person can and cannot do.both adults and children can get court.protection from domestic violence if the.victim is a child and unable to file on.his or her behalf an adult relative or.household member must go to court on the.child's behalf relatives can also file a.petition if the victim is mentally or.physically unable to seek help on their.own witnesses to domestic violence can.also seek protection if they are being.abused threatened or intimidated because.of what they witnessed the difference.between domestic violence and other.types of violence is the relationship.between the victim and the accused.person for it to be domestic violence.the two people must have an intimate.relationship be family members or be.part of the same household the terms.family and household member have.specific legal definitions families or.household members are people who live.together and have a close family.relationship a combination of family and.partner relationship or a current or.past partner relationship.[Music].the term relationship can apply to.individuals who are or were married to.each other living together sexually.intimate dating residing together or.have a child in common regardless of.whether they have ever married or lived.together with our introduction and.definitions out of the way it's now time.to discuss the court process the first.step in getting protection is to go to a.magistrate court in any County and fill.out a form for an emergency protective.order the form is called a domestic.violence petition and the person who.files it is called the petitioner.because that person is petitioning or.asking a court for something the person.who is accused of domestic violence is.called a respondent because he or she.will have an opportunity to respond the.form used to file a domestic violence.petition is available in all magistrate.court offices in West Virginia forms can.be filled out and filed in the same.visit to magistrate court magistrate's.in every County are on call 24 hours a.day seven days a week.to review this type of petition.immediately when one is filed petitions.can also be filed in any County no.matter where the people involved in the.case live magistrate's can transfer a.case to the home county if necessary.police officers can transport victims to.magistrate court so that they can fill.out a form for an emergency protective.order but anyone can go to court on his.or her own without law enforcement to.file a petition on the form the most.recent acts of domestic violence must be.included but the person filing the.petition can include information about.past events the form must include the.name and address of the person filing.the petition and the name and address of.the person accused of domestic violence.as well as the names and addresses of.any children involved for safety anyone.seeking a protective order can request.that their own address be kept.confidential the person filing the.petition needs to provide as much.information as possible about the.individual they are accusing so that the.individual can be found by law.enforcement officers must personally.give the accused.person a copy of the petition if the.accused persons address is a post-office.box the person filling out the petition.must provide written directions to the.place that person lives it is very.important to put in the petition whether.the accused person has access to any.firearms or ammunition.once a petition is filed the magistrate.who received it will hold an emergency.hearing the magistrate will ask.questions to the petitioner if the.magistrate decides that there is.evidence of an immediate and present.danger the magistrate will issue an.emergency protective order now that.we've discussed the petition and.emergency hearing it's time to cover the.emergency protective order and the.respondents rights.emergency protective orders will always.contain certain provisions all orders.are effective statewide all orders tell.the respondents not to abuse harass.stalk threaten intimidate or cause fear.of bodily injury to anyone named in the.petition orders also tell those accused.of committing domestic violence that.they must not carry or possess a firearm.or ammunition while the order is in.effect even if they have a valid license.respondents also cannot have any weapons.in the place they live or anywhere on.the property where they live.emergency protective orders can also.include other stipulations orders can.determine who can live in or be near the.family home and whether the respondent.can go near a workplace or a school.orders can keep respondents from.contacting certain people orders can set.rules for financial support of and.visitation with children orders can.grant someone temporary custody of.children orders can force someone to.attend a treatment program orders can.also deal with personal property in.short orders can include anything that.is necessary to protect the physical.safety of people the magistrate believes.need to be protected after signing an.emergency protective order the.magistrate's will send copies of the.order electronically to law enforcement.agencies emergency protective orders are.only temporary.in each case a magistrate issuing an.emergency order will schedule a hearing.in family court the magistrate's order.will last only until that hearing.the hearing and Family Court gives.people accused of domestic violence a.right to respond to the accusations and.to tell their side of the story.respondents have a right to know what.they're being accused of doing they have.a right to know when a final hearing is.scheduled in family court.so they can attend because it is so.important that respondents know these.things police officers hand-deliver.copies of emergency protective orders to.them within 72 hours of the time the.orders are issued this is called serving.the order when they serve protective.orders law enforcement officers tell.respondents that they must surrender any.firearms to the officers or to any other.person.who is legally allowed to have them this.is why it is so important for people who.file domestic violence petitions to tell.the magistrate in the petition whether.the accused person has any weapons if a.respondent has now received notice of.the family court hearing by the date it.is scheduled the hearing can be extended.the emergency protective order will.remain in effect until the hearing.officers who serve protective orders.should explain to respondents what the.orders mean and what they can and cannot.do protective orders are issued to keep.adults and children safe it is important.that people who were accused in.protective orders not have contact with.anyone the orders protect even if the.other side initiates contact if an order.is violated the protected person should.contact law enforcement immediately next.we will learn about Family Court.preparation for Family Court and the.final orders.both sides should prepare carefully for.the hearing in family court both parties.should attend the family court hearing.unless they're told by court personnel.that the hearing has been postponed.neither sides should take anyone elses.word for it that the hearing date has.been changed respondents can but do not.need to file a written response before.the hearing they can appear in person to.respond if the person who filed the.petition does not attend the Family.Court judge may dismiss the case.the emergency protective order will no.longer be in effect or be enforceable if.the accused person has received notice.of the family court hearing but does not.attend the hearing can be held anyway.both the accuser and the accused should.take notes in advance about what they.want to say so they don't forget.anything.both should gather any evidence and.bring it with them things like.photographs medical reports police.reports voicemails or text messages if.either side has evidence on a cell phone.that person should ask the judges office.in advance if it's okay to bring a cell.phone into court both the petitioner and.the respondent should decide before the.hearing if they want to testify.themselves both sides should consider.whether they want to ask other people to.testify these people are called.witnesses witnesses should have direct.information about the case they could be.police officers or be people who saw or.heard what happened if potential.witnesses refuse to come to court.they may be subpoenaed a subpoena is a.written command by the court to appear.litigants can get a form for a subpoena.in a circuit clerk's office anyone over.the age of 18 who is not a party to the.action can serve the subpoena a subpoena.lists the time date and location of the.hearing subpoenas must be served in.person once a witness is served the.person who served it must fill out a.return of service document and that.document must be filed in the circuit.clerk's office witnesses may ask for an.attendance fee and.if a child is a protected person in the.petition an adult should call the.judge's office to see if the child needs.to attend the family court hearing.no one should bring a child to court.unless the judge says the child needs to.be there if a child does have to come to.court an adult must stay with the child.in the waiting area until they are.needed children cannot be left.unattended in the court house if you.have to bring your children and have no.one to watch them please call the Family.Court judge's office to let them know in.a domestic violence protection order.case no one is required to have a lawyer.however people who do not have a lawyer.must present all their evidence.themselves some people may qualify for.help from legal aid of West Virginia to.find out if legal aid may be able to.provide a lawyer call one eight six six.two five five four three seven zero a.local domestic violence shelter may also.be able to give a lawyer referral.everyone involved in the case should.arrive on time and make sure they have.enough time to park and go through.security screening weapons and anything.that can be used as a weapon like a.pocketknife are prohibited in.courthouses and courtrooms courthouse.visitors should leave items like this in.vehicles or at home upon arriving.everyone should check in with a staff.member in the family court judge's.office petitioners and respondents.should not sit near each other or.communicate with each other while.waiting many family court facilities.have separate waiting areas when.entering a court room.everyone should sit where they're.instructed to sit anyone wearing a hat.should remove it both the person who.filed the petition and the person.accused of domestic violence will be.sworn in and have a chance to present.evidence and witnesses both sides will.be able to question witnesses called by.the other side at the hearing the person.who filed the petition must prove by a.preponderance of the evidence the.allegation of domestic violence.preponderance of the evidence means that.the greater weight of the evidence is.persuasive and compelling enough to make.a fair and impartial person believe it.if a family court judge determines that.the claims and the domestic violence.petition have been proven by a.preponderance the evidence the judge.will grant a domestic violence.protective order if the person accused.of domestic violence did not come to the.hearing law enforcement officers will.personally deliver a copy of the.domestic violence protective order to.that person if an order is issued the.respondent will have to pay court costs.if the family court judge does not issue.a domestic violence protective order.then the case is dismissed if either.side in the case is not happy with the.decision the Family Court judge makes.that person can file an appeal to.Circuit Court that means a circuit court.judge will review the case and decide if.the Family Court judge made the right.decision and appealed a circuit court.must be filed within 10 days of the date.the Family Court order is issued a.circuit court hearing on the appeal will.be held within 10 days of the date the.appeal is filed if either side is.happy with the circuit court decision.that person can appeal to the Supreme.Court of Appeals of West Virginia the.Supreme Court's decision will be final.all domestic violence orders prohibit.respondents from abusing harassing.stalking threatening or intimidating.those protected by the order a.protective order issued in one state is.good in every state so it remains in.effect if either party crosses a state.line the Family Court judge also has the.option to include other language in an.order for example orders may spell out.child custody and visitation.arrangements and a judge can use the.order to award child support or other.payments orders also can determine who.has temporary possession of a car or a.home the judge will determine how long a.domestic violence protective order will.be in effect whether for 90 days a.hundred and eighty days a year or some.other period of time the person who is.protected by the order can ask that it.be extended for 90 days by going to a.circuit clerk's office and filling out a.form the form must be filled out before.the original protective order expires if.there is a protective order in effect.and one of the people involved files.another family court case involving the.same two people then the protective.order may be automatically extended.there is also a forum for this in the.circuit clerk's office in this.circumstance the protective order will.be extended until the judge enters.another order no matter how long that is.at any stage of this process a person.who is seeking protection may ask for.the help of a domestic violence advocate.the advocate can offer information and.support and attend hearings but may not.speak to the court to find a domestic.violence advocate.call one eight hundred seven nine nine.seven two three three or go online to WV.CA DV org petitioners can proceed on.their own without an advocate if they.wish.remember everyone has a right to be safe.and secure in their own.and with their own family the West.Virginia domestic violence process.protects everyone.you.you.

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Civil Complaint West Virginia Judiciary Courtswv FAQs

Here are the answers to some common misunderstandings regarding Civil Complaint West Virginia Judiciary Courtswv . Let us know if you have any other doubt.

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What is a civil complaint filed against you?

If you pulled a crime it will be investigated, the case will be made against you and you will be arrested or charged. You will go to court and be tried. If the report leads nowhere then the report will be filed away and nothing will be done with it. Eventually the report will fade away into history.

How do I file a civil lawsuit against someone?

In the U.S…. see an attorney licensed in the state in which you wish to pursue civil damages. Anyone can do it. If it a very small claim of damages, most states charge only a small fee to pursue small claim damages before a judge, without needing an attorney. In such cases it is almost automatic that judge will refer the issue to arbitration, unless it is so filled with nonsense that the judge will summarily dismiss it.

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