Domestic Battery
W. Va. Code § 61-2-28 — insulting contact or harm to a family or household member, and a felony on the third time
| The offense | The penalty |
|---|---|
| The offenseDomestic battery: insulting or provoking contact, or physical harm | The penaltyA misdemeanor, jail of not more than 12 months, a fine of not more than $2,000, or both |
| The offenseDomestic assault: an attempt, or causing fear of an immediate violent injury | The penaltyA misdemeanor, jail of not more than six months, a fine of not more than $500, or both |
| The offenseA second domestic battery | The penaltyNot less than 60 days nor more than one year, a fine of not more than $4,000, or both |
| The offenseA third, within 20 years of a prior conviction | The penaltyA felony, not less than two nor more than 10 years, a fine of not more than $5,000, or both |
The offenses apply between family or household members, the same people the protective order article covers.
A person convicted of misdemeanor domestic assault or battery against a spouse, partner, household member or child may not possess a firearm. A particular charge is a question for a licensed West Virginia attorney.
Sources for this section (2)
- W. Va. Code § 61-2-28 — Domestic violence: criminal acts
- W. Va. Code § 61-7-7 — Persons prohibited from possessing firearms; right of nonprohibited persons to carry concealed
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.