Some people going through a divorce in West Virginia go through certain types of situations. When it comes to talking about domestic violence petitions that have been filed during the divorce, some people wonder whether they should contact their spouse and soon to be former spouse in the event that they have filed a domestic violence petition against the other spouse. For example, one files for divorce and waiting to go to family court for a hearing, but there are some things that need to be done with regards to the house or the children and one thinks that there needs to be some sort of coordination between their spouse to get things done, even though they have filed a domestic violence petition against the other. It’s never a good idea to contact the other spouse if filing or already have a domestic violence petition against them.
One of the reasons one does not want to contact the spouse that they filed a domestic violence petition against is because that it’s going to look like one may not really be afraid of the person. It’s standard language in these domestic violence petition orders that the other person has no kind of contact with the other spouse. One also most likely stated under oath that they fear that they are in fear of physical harm of that person. In addition to that, they don’t want to have any kind of communication with them. By one trying to reach out to the spouse they said they are afraid of, it really undermines the argument that one is afraid and in need of protection.
Whatever one may need to speak with another spouse about can probably wait a certain amount of time between when the magistrate court has ruled and when going to have the hearing. If one feels can’t wait for court, one may want to speak with their attorney or reach out to the court. If a domestic violence petition order is issued, then it’s important to read over the order very carefully. This way one knows what is supposed to do and not supposed to do. Now, that being said, the reason it’s important to not try to contact the other person even though it’s not a violation of the order, it can really diminish the credibility when going to court.
