IN RE B.C.

No. 13-0383.

755 S.E.2d 664 (2014)

In re B.C.

Supreme Court of Appeals of West Virginia.

Decided February 21, 2014.


Attorney(s) appearing for the Case

Teresa C. Toriseva, Esq. , Toriseva Law, Wheeling, WV, for the Petitioner.

Joseph J. Moses, Esq. , Wheeling, WV, Guardian ad litem.

Patrick Morrisey , Attorney General, Lee A. Niezgoda , Assistant Attorney General, White Hall, WV, for the W.Va. Dept. of Health and Human Resources.


Justice KETCHUM:

In this appeal from the Circuit Court of Ohio County, the parties dispute a circuit court order dismissing a petition which alleged that a parent abused and/or neglected a child. We are asked to determine whether one parent may seek a domestic violence protective order against the other parent of the child, and then later file a petition to initiate an abuse and neglect proceeding for the child in circuit court regarding the same conduct. In its order...

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