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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117365
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son's wife filed a DVP in Greenbrier County on West on

Customer Question

My son's wife filed a DVP in Greenbrier County on West Virginia on 3/6/16 that was granted on 3/10/16. He has substantial evidence that her allegations are false. At the hearing he was asked one question which he answered honestly and was not able to present any evidence to refute her claims. She was awarded temporary custody of their 2 year old child. She also falsely claimed abuse or threatened abuse towards the child. She has since taken he child out of state and my son has not seen his daughter since 3/4/16. He has gotten a lawyer and has filed for divorce and an emergency relief hearing. I am trying to understand how the order could have been granted in the first place without him being able to defend himself and present evidence refuting the allegations, how she could take the child out of state and how it is legal that she can keep his child from him for this long with absolutely no proof of abuse towards the child. Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What did the court ask him? These motions for DVP are quite often abused by men and women trying to gain advantages in custody cases and by unethical attorneys, but they are abused because courts are afraid of being embarrassed in the press should a domestic violence incident occur.
So courts lean towards granting at least temporary DVP until a full hearing can be held. Now, his attorney should be filing a motion to vacate the DVO and also a motion to force her to return the child to the state and at that time is where he would be able to present all of his evidence to get the DVO vacated and to get an order forbidding her from continuing to abuse the system and making her keep the child within the state.

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