Domestic Violence Story Archives - Page 2 of 5 - West Virginia Public Broadcasting

DOJ Highlights W.Va. Domestic Violence Advocacy Organizations

United States Attorney William Ihlenfeld met with representatives from leaders from the two organizations to discuss their response to domestic violence.

October is Domestic Violence Awareness Month. This week, the U.S. Department of Justice (DOJ) highlighted the work of two organizations in West Virginia working to reduce instances of domestic abuse in the state and help victims.

United States Attorney William Ihlenfeld met with representatives from leaders from the two organizations to discuss their response to domestic violence.

“We will continue to be aggressive in our prosecution of domestic violence offenders while at the same time collaborating with agencies that support victims and rehabilitate offenders,” said Ihlenfeld.

The Eastern Panhandle Empowerment Center (EPEC) offers services to victims of domestic violence, sexual assault, stalking and human trafficking.

Community Alternatives to Violence (CAV), intervenes in abusive situations and offers classes for men and women to help build respectful relationships and prevent domestic abuse. CAVs Executive Director Jo Elliot said a key element to rehabilitation is taking responsibility.

“We’re looking for them to stop blaming: blaming the courts, blaming the system, blaming the partner, blaming the cops. Blame-blame-blame,” said Elliot. “We are looking for them to go internally, to look at themselves, and accept that responsibility.”

If you, or anyone you know is experiencing domestic violence call the Domestic Violence National Hotline at 800.799.SAFE (7233).

New Domestic Violence Reduction Initiative Set For Berkeley County

A new initiative to ”protect domestic violence victims, take dangerous criminals off the streets, and enhance community safety” focuses on prosecuting violent offenders, keeping firearms out of the hands of criminals and conducting training for law enforcement.

The U.S. Attorney for the Northern District of West Virginia, William Ihlenfeld, announced the Berkeley County Domestic Violence Reduction Initiative Monday and the first indictments from it.

The initiative was formed in January to ”protect domestic violence victims, take dangerous criminals off the streets, and enhance community safety.”

The program focuses on prosecuting violent offenders, keeping firearms out of the hands of criminals and conducting training for law enforcement.

Ihlenfeld was joined by officials from the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Berkeley County Prosecuting Attorney’s Office; the Berkeley County Sheriff’s Office; the Martinsburg Police Department; and the Eastern Panhandle Empowerment Center — an organization with a mission “to protect victims, prevent violence and empower survivors of domestic violence, sexual assault, stalking and human trafficking.”

“Domestic abusers are some of the most dangerous individuals in our community,” Ihlenfeld said. “This new and innovative approach will make Berkeley County safer for everyone, and especially for victims of domestic violence.”

Multiple federal indictments were returned in May under the initiative, including the following:

Paul Richard Tomlinson, 23, of Martinsburg was indicted on firearms, witness tampering, and interstate violations. According to court documents, Tomlinson had a protective order filed against him in Berkeley County. Tomlinson violated that order, having someone on his behalf contact the protected party, trying to persuade the victim to drop the protective order and claim ownership of a .22 caliber pistol that investigators say belongs to Tomlinson. He is prohibited from having firearms due to a prior conviction.
Brian Michael Lewis, 42, of Levels has been charged with two firearms charges involving eight firearms, two receivers, and ammunition. According to court documents, Lewis, who has previous convictions that prohibit firearms possession, was arrested after officers responded to a domestic violence call and found the various firearms, including an unregistered short-barrel rifle.
Gabriel Ian Smith, 45, of Falling Waters was charged with one firearms violation. Smith, who cannot have firearms because of a domestic battery conviction in Berkeley County, had a 9 mm pistol and ammunition.
Justin Scott Shaw, 34, of Martinsburg was indicted on a firearms charge for having a 9 mm pistol and ammunition despite a domestic battery conviction in Berkeley County.
Investigators on the cases include the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Federal Bureau of Investigation; the Berkeley County Sheriff’s Office; the Martinsburg Police Department; and the Hampshire County Sheriff’s Office. The Jefferson County Prosecutor’s Office and the Hampshire County Prosecutor’s Office assisted.

Special Assistant U.S. Attorney Adam Ward, also with the Jefferson County Prosecutor’s Office, is prosecuting the cases on behalf of the government.

An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Pilot Program To Allow Survivors Attend Court Virtually

Pandemic-era technology will help survivors of domestic and sexual abuse face their alleged abuser in court – virtually.

Officials in Lincoln, Mason and Wayne counties will hold public tests of a program that allows victims of domestic violence and sexual assault to file petitions and attend follow-up hearings without visiting a courthouse.

Previously, victims of domestic violence and sexual assault had to go in person to a magistrate court to seek domestic violence protective orders or personal safety orders, and they had to attend follow-up hearings in person.

According to Lisa Tackett, the director of court services for the West Virginia Supreme Court, in the pilot counties, victims can still go to court, but they also have the option of participating in the court hearings remotely from another location.

“We’re very proud of it at the Supreme Court,” Tackett said. “All of the justices have been fully behind this program and they really want to make sure that individuals that need protection, feel safe and feel like they have an alternative.”

With the addition of Lincoln, Mason and Wayne counties, the total number of counties participating in the Remote Domestic Violence and Sexual Assault Outreach Project, is seven. The other active counties are Cabell, Jefferson, Kanawha and Ohio.

“They’ve been through, in most instances, something very traumatic that has happened,” Tackett said. “These advocates are trained to deal with these individuals, to help them think about their safety, their family’s safety, and they can help them in an atmosphere that is not as intimidating as going into the courthouse.”

In a press release from the Supreme Court of Appeals, an anonymous user of the program shared their thoughts on what it meant to have this remote option:

“When I found out about the option provided at the Sexual Assault Help Center where I could participate virtually, my anxiety was significantly reduced, and I finally felt like I can do this, and things will get better. I’m very appreciative that this virtual option is available for individuals facing the unthinkable.”

Education Leaders Talk Legislative Priorities

Education Reporter Chris Schulz sat down with Sen. Amy Grady, R-Mason, the Senate Education Committee chair, and Del. David Elliot Pritt, D-Fayette, the Minority vice chair of the House Education Committee, to learn more about what is being done to secure the state’s future.

On this episode of The Legislature Today, the state’s political, business and community leaders generally agree that a quality education is the key to West Virginia’s future.

Also, it was a relatively quiet day at the West Virginia Legislature, with the Senate only passing three bills.

The House Finance Committee debated a wide variety of bills that were recommended for passage. One highlighted the Form Energy project, and another addressed the shortage of qualified school bus drivers.

Finally, it was Domestic Violence Awareness Day at the Capitol. Chris Schulz has the story.

Having trouble viewing the video below? Click here to watch it on YouTube.

The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

Marital Consent Discussed During Legislative Interim Meetings

Monongalia County Prosecuting Attorney Perri Jo DeChristopher appeared Monday before lawmakers in the Joint Standing Committee on the Judiciary to ask the legislative body to reconsider Senate Bill 498.

SB498, first introduced in 2021, aims to remove an exemption from the state’s definition of sexual contact which, according to DeChristopher, excuses many forms of marital rape.

“A 2003 study found that 24 states and the District of Columbia have abolished marital immunity for sexual offences,” De Christpher said. “Twenty-six states within our country retain marital immunity in one form or another. We in West Virginia are among those 26 states.”

During questioning, Sen. Robert Karnes, R-Randolph, purported that intimacy is part of the contractual agreement of marriage under law.

“There is something of an implied contract there that there’s going to be certain benefits to being married. I don’t think very many people would get married if they thought it wasn’t going to work that way,” Karnes said. “You’re citing one section of code, but you mentioned before that this is actually sprinkled throughout our code. You’re saying there’s nowhere in any of our code that would not require the scenario that I’m saying you could still touch your wife or your wife can touch you any way they want. Until you say no.”

DeChristopher responded that it isn’t quite that cut and dried.

“There’s lots of reasons and there’s lots of ways for a victim to convey their lack of consent to some type of sexual touching or sexual intercourse without actually saying the word no,” she said.

Sarah Blevins is the development director for Branches, a domestic violence center in Huntington. To clarify consent, she said married and unmarried people should have the same rights.

“Well, obviously as an advocate, to me, it doesn’t make a difference what the person’s circumstances are,” Blevins said. “Everyone has the right to have their consent validated, to have their preferences heard. As far as I’m concerned, it is a problem for both unmarried and married folks. We need to be looking at it with equal treatment.”

Blevins said conversations devaluing a victim’s experience could have a negative impact on survivors of domestic abuse and sexual assault.

“One of the real dangers of when we start parsing out what consent is or isn’t, is that we invalidate survivors’ stories and voices, and that can have a super detrimental effect on their willingness to report on their willingness to seek services,” Blevins said. “We want to be very aware of that when we’re talking about consent.”

Blevins asserted that consent is not a constant assumption and that there is a continuum of consent while building any relationship.

“It’s really important for us to educate our community about what consent is and what it isn’t,” she said. “There is a whole continuum of consent, and if you are trying to build a healthy relationship with someone, it should be a priority for you to seek their consent in your interactions with them.”

During the session Karnes questioned the concept of consent within a marriage and suggested the state add a section to marriage licenses, asking couples to agree to being touched by their spouse.

To this suggestion, DeChristopher responded, “I don’t think you can consent to be the victim of a crime in perpetuity.”

Domestic Violence Prevention Programs Receive $4 Million

More than $4 million is coming from the U.S. Department of Justice Office on Violence Against Women to three programs in West Virginia.

The funding will support programs aimed at preventing and addressing domestic violence, dating violence, sexual assault and stalking, as well as enhancing victim safety and services.

“I am pleased to announce these critical investments from the DOJ that will assist victims and strengthen our justice system to enhance the safety of all West Virginians,” U.S. Sen. Joe Manchin said. “Earlier this year, I was proud to cosponsor the bipartisan Violence Against Women Act, and as a member of the Senate Appropriations Committee, I will continue advocating for additional resources to support related public safety programs across the Mountain State.”

U.S. Sen. Shelley Moore Capito, also a member of the Senate Appropriations Committee, also supported the funding.

“Addressing, and ending, domestic violence in West Virginia has long been a priority of mine. I have consistently supported the Violence Against Women Act, helped lead reauthorization efforts on the legislation this year, and was thrilled to see its inclusion in our final appropriations package,” Capito said. “It’s great to see our state receiving needed support to coordinate safety efforts, directly addressing domestic violence, dating violence, sexual assault, and stalking in our communities. I will always advocate for the support our local law enforcement agencies need to prevent these crimes in our state.”

Individual awards listed below:

The Services, Training, Officers, Prosecutors (STOP) Formula Program provides funding to support partnerships between law enforcement, prosecution, courts and victim services organizations to enhance victim safety, hold offenders accountable and strengthen law enforcement.

$1,166,821 — West Virginia Department of Military Affairs and Public Safety

The Rural Domestic Violence, Dating Violence, Sexual Assault, and Stalking Program provides funding to support organizations that identify and appropriately respond to victims of domestic violence, dating violence, sexual assault, and stalking in rural communities; organizations that establish and expand victim services in rural communities for child, youth, and adult victims; and organizations that increase the safety and well-being of women and children in rural communities by dealing directly and immediately with domestic violence, dating violence, sexual assault, and stalking, and implementing strategies to increase awareness and prevent these crimes.

$950,000 — Child Protect of Mercer County

$949,487 — West Virginia Foundation for Rape Information and Services

$750,000 — West Virginia Department of Military Affairs and Public Safety

The State and Territory Domestic Violence and Sexual Assault Coalition Program provides funding to support state domestic violence and sexual assault coalitions as they continue to play a vital role in preventing and addressing domestic violence, dating violence, sexual assault, and stalking.

$177,127 — West Virginia Foundation for Rape Information and Services

$90,342 — West Virginia Coalition against Domestic Violence