W.Va. Court Clarifies Domestic Violence Law

By: Associated Press
By: Associated Press

Charleston, W.Va. (AP) -- The State Supreme Court says a perceived threat of violence is enough to justify the granting of a domestic violence protection order.

The unanimous ruling overturned Clay County circuit Richard Facemire, who denied Kimberly Thomas' request for a protective order against her former boyfriend, Joseph Morris.

In January, Facemire upheld a family court judge who denied the order, saying Thomas had failed to prove that acts of domestic violence had occurred.

The case stemmed from a July 2008 incident where Morris arrived at Thomas' home, but spent one to two hours knocking on doors and windows in an attempt to talk to her.

Monday's Supreme Court opinion says under state law, creating fear of physical violence is grounds for a protective order.

(Copyright 2009 by the Associated Press. All rights reserved.)

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