The terms “family violence” and “domestic violence” include felony or misdemeanor crimes of violence committed by (1) a current or former spouse or intimate partner of the victim; (2) a person with whom the victim shares a child in common; (3) a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; (4) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state or jurisdiction; or (5) any other person—when the violence is committed against an adult or youth victim who is protected from that person’s acts under the family or domestic violence laws of the state or jurisdiction.

During a divorce, one spouse sometimes alleges the other spouse has committed family or domestic violence against the spouse or the spouses’ children.

Allegations of family or domestic violence are especially serious and the courts treat them as such—often involving child protective services when there are children involved, and the district attorney’s office, which may result in the filing of criminal charges.

A spouse who reports the other spouse’s family or domestic violence may unexpectedly face allegations and charges for participating in, facilitating, or failing to stop or previously report such behavior, allowing it to continue. And it is a criminal offense to intentionally make a false report of family or domestic violence to gain advantage in a child custody or divorce lawsuit, for example.

In an emergency, victims of domestic violence should call 911 or contact state or local law enforcement officials, who can respond to these crimes. Persons in need of non-emergency assistance can also all the National Domestic Violence Hotline at 1-800-799-SAFE, or visit www.TheHotline.org.

In West Virginia (WV), 'family violence' and 'domestic violence' encompass a range of misdemeanor or felony crimes of violence committed by individuals in close relationships with the victim, such as current or former spouses, intimate partners, cohabitants, or those sharing a child in common. The state's laws also recognize individuals similarly situated to a spouse and extend protections to other persons when the victim is an adult or youth protected under WV's family or domestic violence statutes. During divorce proceedings, allegations of domestic violence are taken very seriously. The courts may involve child protective services and the district attorney's office, potentially leading to criminal charges. It's important to note that both making false allegations of domestic violence to gain an advantage in legal matters like custody or divorce, and failing to report or stop known domestic violence, can result in criminal charges in WV. Victims of domestic violence should contact emergency services or law enforcement if they are in immediate danger, and can seek non-emergency assistance through resources like the National Domestic Violence Hotline.