HUNTINGTON – The West Virginia court system has announced a pilot project to allow victims of domestic violence and sexual assault to file petitions for protective orders without going to a courthouse.
The program also will allow victims to attend follow-up hearings in magistrate court and family court virtually from a advocacy office, rather than in person, so they do not have to be in the same room with their alleged assailants.
Supreme Court Chief Justice and others announced the project August 18 in Cabell County, where the system already is operational.
“This is a really important day for West Virginia,” Jenkins said in the courtroom of Cabell Family Court Judge Patricia A. Keller. “This year, there have been almost 500 petitions filed for domestic violence protective orders and personal safety orders right here in Cabell County. Today is about safety. Today is about access to the courts. Today is about improving the system to protect people.
“The use of remote technology during the COVID-19 pandemic has built our confidence and comfort in ensuring justice is delivered in a safe and secure way. Today in Cabell County video technology is up and running to protect victims from the people they allege assaulted them. We also are ensuring every person’s constitutional rights are protected.”
Jenkins said the technology is new, but the focus doesn't change.
“We are connecting victims to justice through the courts in a safe location," he said. "The focus remains on the victim, not the computers."
Before, victims of domestic violence and sexual assault had to go in person to a magistrate court to file petitions for domestic violence protective orders or petitions for personal safety orders and attend follow-up hearings. Sometimes, the alleged assailants would follow the victims to their cars or try to prevent them from entering court facilities.
Victims still can attend court buildings, but the pilot project gives them the option of going to the Branches Domestic Violence Shelter Office or the CONTACT Rape Crisis Center in Huntington instead. They can file petitions there and return there to remotely attend follow-up hearings. Those sites are available from 8 a.m. to 5 p.m. Monday through Friday. Petitions can still be filed after hours and on weekends through Cabell County Magistrate Court by calling 911.
“This innovative and collaborative project is an example of the Supreme Court’s ongoing efforts to expand access to the West Virginia court system," Jenkins said.
Cabell County Magistrate Daniel Goheen praised the project, saying people who come into magistrate court to file petitions for domestic violence protective orders or personal safety orders “truly are scared."
"This will be a big step forward," Goheen said. "It will help the magistrates. It will help the people who are scared, and it will help the children."
A Huntington attorney said the system helped one of her clients who had been a victim of domestic violence.
“The intimidation element is gone,” Sarah Dixon said, adding that her client was able to talk more freely because she was at a Branches office rathern than in front of her abuser. “Often in these cases, the testimony we have to elicit form our clients is essential to the case.”
The Remote Domestic Violence and Sexual Assault Outreach Pilot Project is made possible by funding through the West Virginia Department of Homeland Security, Division of Administrative Services, Justice and Community Services, the state administering agency for the STOP Violence Against Women Grant Program.