That’s it, I’ve had it. For too long domestic violence protective orders have been abused in West Virginia. The first one to the magistrate court wins, and wins big. They get the house, the kids, the money, the property, etc., for at least 180 days – usually for good since the divorce usually follows.
999 times out of a 1000 these cases are bogus. Everyone, the lawyers, the judges, the cops, know what is going on. They know the system is being abused, yet for some reason the judges refuse to deny these things. The law says that “domestic violence” must be proven by a preponderance of the evidence before they can be granted. Yet, they are routinely granted in every single case – at least where women are the petitioners. All they have to say is that she was “placed in reasonable apprehension of physical harm.” That’s not domestic violence, that’s a scam. One of the only ones I’ve ever seen denied is where the petition was filed against a cop. In that case, since the cop couldn’t work if it was granted, the judge went out of his way to analyze the facts and generously apply the law. But not for you Mr. Joe Blow, your screwed. You have no rights. Your lucky you’ll even get to see your children for the weekend two weeks from now. And don’t even think about complaining or else those visits will be supervised. What did you do wrong? Your a man.
But I have seen one issued against a woman by a man who was allegedly the “victim” of domestic violence. And the man was a police officer. And what benefit did he receive? The house, the kids, the personal property. He knew how to abuse the system. What a crock….
– John H. Bryan, West Virginia Attorney