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  1. #1

    Default Procedures for a Hearing on a DV Protective Order

    My question involves restraining orders in the State of: West Virginia

    I am proceeding pro se as the respondent in a DV hearing (temporary protective order was issued, I appealed). I have a plan to proceed with my case and lines of questioning, but I have the following procedural questions:

    1. How will I enter my own testimony? Must I ask and answer questions?

    2. If I am being examined by her attorney, may I make objections? And if so, how would I proceed to do so?

    3. May I redirect after my own cross-examination by her attorney?

    4. If her attorney calls a witness, may I call the same witness later or would I be limited to cross examination?

    Thank you for any and all insights. It's much appreciated.

  2. #2
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    Default Re: Procedures for a Hearing on a DV Protective Order

    First clarify the nature of your appeal - is this a hearing in the court that issued the order, or an appeal to a higher court - and if the latter, an appeal from the trial court to... the court of appeals?

  3. #3

    Default Re: Procedures for a Hearing on a DV Protective Order

    Thank you for replying; I apologize for not having the relevant info posted. Here it is:

    She filed an emergency DV petition on 2/16 and was granted an emergency protective order by the magistrate. The trial was scheduled 2/23, but they had failed to serve and it was continued until April 4.

    When I did learn of the emergency protective order, I appealed it. The appeal will be heard by the Family Court Judge on Wednesday afternoon, 3/7. My evidence and arguments are solid, but I'm trying to get a grip on procedure.

    Another question, so the thread doesn't drag needlessly: Will defeating her sworn petition be sufficient in this case? I want to do as much as I need to win (because this sullies my name and she's used it to separate me from our kids) but no more, so as not to show my hand and give them free discovery for the divorce.

    Thank you.

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