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  1. #1

    Default Domestic battery In West Virginia

    6 months ago.I was arrested for Domestic battery.
    I wasn't given the opportunity to give my own statement.
    This was my first offense. I have been mairried 8 year.
    My wife has been unemployed for three years. No kids
    to take care of .She just doesn't won't to work.
    She ran into a lot of money( over 15k )
    With out me knowing this she put the money in a secret bank account.
    Not ever our bank. She had the money over a week with out me knowing.
    She bought a car, kept it parked up the street so I would not see it.
    I start seeing her spend money. I question her about this.
    She got violent, hurts me. I call the police to have them talk to her.
    Before the police get to the home, she drives the the police station
    and said I beat her. The police report in very incorrect.
    I was arrested for domestic battery. And I'm the one who called for help.
    No contact order.( Bond ) Put out of my Home that I had a mortgage on before I
    was married. And a emergency protective order. 3 days later I get handed divorce papers.
    This is the first time in 8 years we have ever been apart.
    20 Days later, emergency protective order is dismissed because of no evidence.
    Judge tells me I can go home. So I go home . The wife show up 7 minute later
    Told me to leave, she was calling the police becauce I was braking my bond.
    ( No contact order ) So I'm out again. 12 day later, Judge said I didn't brake my bond
    and I could go home. So again I go home, 10 minute later the wife show up.
    She said she was calling the police. So I handed her the phone and asked her if she
    wanted me to dail the number for her ? Police show up, and told me to leave.
    I showed the officer the paper work that I had. The officer told the wife there was
    nothing he could do,And that I had all rights to be there. I had no change of clothes
    so I got some clothes and left. Because she wasn't leaving. 3 days later I got a unlawful detainer
    against her, went home, ( while she wasn't home ) changed the locks and been home ever since.
    2 months later The state dropped the charges of Domestic battery because of no evidence.
    In the divorce she wants everything in the house even the stuff on the walls.
    $12,500.00 in cash for her intrust in the home that she doesn't own. ( mortgage in my name only )
    $400.00 a mouth for five years alimony( no kids no car payment ) for me to pay her attorney fees
    and court cost. I only bring home $1100.00 a month. In the state of West Virginia
    you must file a financial statement. I counted over 12 mistakes on her report adding
    up over $500 she said she needed to live on.There is alot more to the story but I will end it there.

    Question # 1 Why wasn't I given the opportunity to give my own statement ?
    Nether the police or the state took a statement.

    Question # 2 If I had evidence on my body were she attact me. and the police saw it
    why wasn't she arrested for Domestic battery ?

    Question # 3 Where is my justice ??

    My divorce lawyer is the same lawyer I used for the Domestic battery.
    I used him becauce he knew what was going on already.
    I tried to get a new lawyer but no one would take it because it was in midstream.
    or conflict. Conflict is that thay already talked to the wife when she was looking for a lawyer.

    Please can anyone help me ?
    Thank You.. Steven.

  2. #2
    Join Date
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    Default Re: Domestic battery In West Virginia

    The police don't have to take a statement from you. If you had evidence that you were battered, I hope you documented it - photos or medical reports. Discuss it with your lawyer.

  3. #3

    Default Re: Domestic battery In West Virginia

    Thank you for the reply.
    I do have photos of the evidence, And a witness who took the photos
    This would be for just the photos not the crime.
    I did Discuss it with my lawyer. and now 7 months later still Nothing.
    I will post more to the story later. This should be the movie of
    the week.. Does anyone else have a reply?? Thanks again.
    Steven

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