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  1. #1
    Join Date
    May 2012
    Location
    West Virginia
    Posts
    2

    Default Domestic Battery 3rd Offense in West Virginia

    My question involves criminal law for the state of: West Virginia
    My ex- Husband has just been arrested for Domestic Battery 3rd offense, what will happen now? His first charge was in August of 2008, and his second charge was in 2010, and his third charge is 4-30-2012.(smart guy) What kind of sentance can he get? And does WV have a 3 strikes law when it comes to Domestic Battery? And we also have 2 children that he has not seen in almos 3 yrs, how can I get it to where he can have no rights to the children, for gods sake this man is a monster...All three of the DB charges are against women...Any advice or suggestions would be greatly appreciated and taken into consideration

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    74,190

    Default Re: Domestic Battery 3rd Offense in West Virginia

    He's looking at a potential prison term - and has given the judge plenty of reason to put him there.
    Quote Quoting West Virginia Code 61-2-28. Domestic violence -- Criminal acts.
    (a) Domestic battery. -- Any person who unlawfully and intentionally makes physical contact of an insulting or provoking nature with his or her family or household member or unlawfully and intentionally causes physical harm to his or her family or household member, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for not more than twelve months, or fined not more than five hundred dollars, or both.

    (b) Domestic assault. -- Any person who unlawfully attempts to commit a violent injury against his or her family or household member or unlawfully commits an act which places his or her family or household member in reasonable apprehension of immediately receiving a violent injury, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for not more than six months, or fined not more than one hundred dollars, or both.

    (c) Second offense. -- Domestic assault or domestic battery. A person convicted of a violation of subsection (a) of this section after having been previously convicted of a violation of subsection (a) or (b) of this section, after having been convicted of a violation of subsection (b) or (c), section nine of this article or subsection (a), section fourteen-g of this article where the victim was his or her current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense or who has previously been granted a period of pretrial diversion pursuant to section twenty-two, article eleven of this chapter for a violation of subsection (a) or (b) of this section, or a violation of subsection (b) or (c), section nine of this article or subsection (a), section fourteen-g of this article where the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for not less than sixty days nor more than one year, or fined not more than one thousand dollars, or both.

    A person convicted of a violation of subsection (b) of this section after having been previously convicted of a violation of subsection (a) or (b) of this section, after having been convicted of a violation of subsection (b) or (c), section nine of this article or subsection (a), section fourteen-g of this article where the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense or having previously been granted a period of pretrial diversion pursuant to section twenty-two, article eleven of this chapter for a violation of subsection (a) or (b) of this section or subsection (b) or (c), section nine of this article or subsection (a), section fourteen-g of this article where the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense shall be confined in a county or regional jail for not less than thirty days nor more than six months, or fined not more than five hundred dollars, or both.

    (d) Any person who has been convicted of a third or subsequent violation of the provisions of subsection (a) or (b) of this section, a third or subsequent violation of the provisions of section nine of this article or subsection (a), section fourteen-g of this article where the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense or who has previously been granted a period of pretrial diversion pursuant to section twenty-two, article eleven of this chapter for a violation of subsection (a) or (b) of this section or a violation of the provisions of section nine of this article or subsection (a), section fourteen-g of this article in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense, or any combination of convictions or diversions for these offenses, is guilty of a felony if the offense occurs within ten years of a prior conviction of any of these offenses and, upon conviction thereof, shall be confined in a state correctional facility not less than one nor more than five years or fined not more than two thousand five hundred dollars, or both.

    (e) As used in this section, "family or household member" means "family or household member" as defined in 48-27-204 of this code.

    (f) A person charged with a violation of this section may not also be charged with a violation of subsection (b) or (c), section nine of this article for the same act.

    (g) No law-enforcement officer may be subject to any civil or criminal action for false arrest or unlawful detention for effecting an arrest pursuant to this section or pursuant to 48-27- 1002 of this code.
    Are his latest offenses against you and/or the children, or do they arise from a different relationship?

  3. #3
    Join Date
    May 2012
    Location
    West Virginia
    Posts
    2

    Default Re: Domestic Battery 3rd Offense in West Virginia

    WOW, thank you for all that info I actually printed it...no his latest offenses are not againts me or the children.(this time) I was his first Domestic Battery in August of 2008, and then his next wife was his second and that was in 2010, he went to county jail for 9 months for that, and his third was 4-31-2012
    Currently He has 1 misdemeaner, and he was served with 2 felonies the day after he was arrested, and I'm not too sure what they are. I will find that out in the morning. Again Thank You for your response,and is there a web site where I can find the same info that you gave me?

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