Bottner & Associates, Attorneys At Law Charles Town Personal Injury Lawyer | Family Law | Bankruptcy | Defense Lawyer 2026-09-03T18:34:25Z https://www.bottnerskillman.com/feed/atom/ WordPress /wp-content/uploads/sites/1304432/2020/08/cropped-BottnerAssociates-site-icon-512px-32x32.png by Bottner & Associates, Attorneys at Law <![CDATA[What to do immediately after being falsely accused of a sex crime]]> https://www.bottnerskillman.com/?p=50890 2026-09-03T18:34:25Z 2026-09-03T18:34:25Z Stay calm and avoid direct contact Contact with the accuser or statements to law enforcement can create evidence that may harm the defense. The person accused of a sex crime in West Virginia should avoid direct contact with the accuser because texts, calls or conversations may be misunderstood or used against the defense. The Fifth Amendment protects the right to remain silent, and custodial interrogation carries the right to have an attorney present. The accused may also decline voluntary questioning and consult an attorney first. A clear request to remain silent and speak with counsel should come before answering questions. Statements made without legal counsel may later be used in court, even when someone made them in good faith.

Document everything from the start

Early evidence can help an accused person build a strong criminal defense. A clear record may also help counsel assess the accusation, challenge disputed facts and protect important evidence. Steps to follow include:
  • Creating a detailed record: Record the date, time, location and circumstances surrounding the alleged incident. Note the names of witnesses and other people who may have relevant information.
  • Preserving communications: Keep all relevant text messages, emails, social media posts, call records and other communications with the accuser. Keep the original records unchanged. Do not delete them.
  • Gathering alibi evidence: Collect receipts, photographs, work records, travel records, location data and other documents that may show where the accused was when the alleged incident occurred. Potential alibi witnesses should also be identified promptly.
  • Protecting digital and physical evidence: Keep records in their original form whenever possible. Key evidence may include phone data, surveillance video, photos, financial records and other documents that can help show what happened.
  • Following alibi notice rules: An alibi can provide important support for a defense, but procedural requirements may apply. Federal Rule of Criminal Procedure 12.1 requires advance notice when a defendant intends to present an alibi defense in federal court. State rules differ, so defense counsel should determine whether a notice deadline applies.
A legal counsel can review the evidence, identify potential witnesses, assess the strength of an alibi and explain the rules that apply to the case.

Seek legal help without delay

False accusations can have serious, life-changing consequences. A criminal defense attorney experienced can protect legal rights, explain available options and guide the defense from the early stages of an investigation. Counsel can also help avoid mistakes, such as unnecessary statements or impulsive actions, that could weaken the case. Early legal guidance can help preserve evidence, navigate the criminal justice process and build a strong defense.]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[Can you modify a family protective order in West Virginia?]]> https://www.bottnerskillman.com/?p=50889 2026-08-24T08:27:12Z 2026-08-24T08:27:12Z When can you ask for a change? In West Virginia, a person may request a change in their existing family protective order when circumstances have changed or when a different arrangement may better address the situation. The court does not change the order simply because both parties agree. The person seeking a change must follow the required court process and explain what they want the court to change. That request starts the modification process.

What can a modification change?

A modification can address specific terms of an existing order. The requested change depends on the circumstances and the terms of the current order. Important points include:
  • Either party can ask the court to modify the order.
  • The person requesting the change must follow the required court process.
  • The current order remains in effect until the court changes it.
  • A modification can change specific terms without ending the entire order.
  • The court may schedule a hearing before deciding whether to grant the request.
Understanding these points can help you avoid assuming that an informal agreement changes the order.

What happens while you seek a modification?

The existing order remains enforceable while the court considers the request. West Virginia law requires protective orders to state that they remain in effect throughout the state. Violating an order can lead to legal consequences. The court may consider the circumstances presented in the modification petition when deciding whether to change the order. A person seeking a change should clearly identify the requested terms and provide the reasons supporting the request. A family protective order can change when the court grants a modification. Until that happens, the existing terms continue to apply.]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[What happens during the discovery phase of a civil lawsuit?]]> https://www.bottnerskillman.com/?p=50883 2026-08-07T12:08:11Z 2026-08-07T12:08:11Z Understanding the purpose of discovery Discovery gives each side access to relevant information before trial. In West Virginia, the discovery process helps reduce surprises and allows both parties to evaluate the strengths and weaknesses of their positions. Under West Virginia law, each side must share information that may relate to the claims or defenses in the case, even if that information may not ultimately be used at trial. This process helps create a more informed legal proceeding. The next step is understanding how discovery usually takes place.

Common discovery tools

Several methods help parties collect information during discovery, including:
  • Written questions (interrogatories): One party sends written questions that the other party must answer under oath.
  • Requests for documents: Parties exchange records such as contracts, emails, photographs, medical records or business files that relate to the dispute.
  • Depositions: Witnesses and parties answer questions in person while under oath, and a court reporter records their testimony.
  • Requests for admissions: One party asks the other to admit or deny specific facts to narrow the issues that remain in dispute.
Each method serves a different purpose and helps both sides prepare for the next stage of the case.

What happens after discovery?

Once discovery ends, the parties often have a clearer picture of the evidence. Some cases settle because both sides better understand the strengths and risks involved. Others continue through additional court proceedings or move to trial. Under West Virginia law, courts may also resolve disputes if one party fails to meet discovery obligations. The outcome depends on the facts of each case. This leads to the final stage of understanding the overall process. Discovery plays a key role in helping civil lawsuits move forward fairly. Knowing what to expect can make the process less confusing and help you understand how a case develops. If you have queries, consider seeking advice from a legal professional.]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[How a West Virginia FPO impacts child custody and visitation]]> https://www.bottnerskillman.com/?p=50881 2026-07-14T08:00:24Z 2026-07-22T07:59:05Z Temporary custody awards Under state codes, family court judges have the power to award temporary possession of children to the petitioner during the FPO period. The order can also temporarily supersede any existing parenting plans or informal custody arrangements.

How courts enforce safer visitation

When the court decides visitation in a protective order case, the child’s safety comes first. A judge may limit visits if contact with the respondent could put the child or the other parent at risk of harm, threats or emotional stress. The court may allow visits only with supervision, such as at a supervised visitation center or with a court-approved adult present. Child handoffs may also be required in a safe place to avoid conflict, like a police station or another public location. In cases of extreme risk or violence directed at the child, the judge may stop all visits until the order ends or another hearing happens.

The best interests standard

West Virginia courts make custody and visitation decisions based on the best interests of the child. In domestic violence cases, a judge gives strong weight to the risk abuse may pose to a child’s safety, even if the child was not the direct target. Being around domestic violence can also harm a child’s emotional well-being and long-term development. Because of this, courts see that history as very important when deciding custody and visitation. Also, any findings from an FPO hearing may be used as evidence in later divorce or permanent custody proceedings.

Prioritizing children’s safety and well-being

The temporary custody provisions within FPOs allow courts to order protection for vulnerable family members during times of crisis. A lawyer can assist parents through the protective order process and advocate for arrangements that truly serve their children's best interests.]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[Buy now, pay later loans and your bankruptcy: What to know]]> https://www.bottnerskillman.com/?p=50880 2026-07-14T02:36:23Z 2026-07-14T02:36:23Z Buy now, pay later services like Klarna, Affirm and Afterpay have changed the way people shop. Instead of paying the full purchase price upfront, you can split purchases into smaller installments that often feel more manageable. Because these are woven into the checkout process and often tied to a credit card, many people don't think of them as traditional loans. Bankruptcy attorneys are reporting that these loans are becoming increasingly common, but many clients simply do not realize they need to disclose them (or how to do so) when they file for protection.

Buy now, pay later accounts are still debts

Whether you financed clothing, electronics, furniture or everyday household items, a buy now, pay later obligation is generally treated like any other unsecured debt in bankruptcy. They’re usually dischargeable – but only if they’re listed on the disclosures you file. Some consumers also lose track of these accounts because they may have several small installment loans with different providers at the same time. Some assume the debt is connected to the retailer rather than the financing company. Others think that listing the credit card tied to a loan is enough. Those misunderstandings can result in an incomplete list of creditors and debt that’s leftover after the bankruptcy is discharged. Bankruptcy requires complete and accurate financial disclosure. Your petition must identify all of your creditors, even if:
  • The remaining balance is small.
  • You are current on the payments.
  • The loan is interest-free.
  • The payments are automatically deducted from your bank account.
  • You intend to continue paying the debt after filing.
Incomplete schedules can delay your case, require amendments or raise questions about the accuracy of your filing. Bankruptcy attorneys have become increasingly proactive about identifying buy now, pay later accounts because clients often overlook them. Some now routinely review bank statements specifically to find these transactions before filing. Before meeting with your bankruptcy attorney, review your recent bank and credit card statements for payments to companies such as Klarna, Affirm, Afterpay, Sezzle or other installment payment providers. Also check your email for purchase confirmations and account statements that may reveal outstanding balances. A thorough review of all debts, including buy now, pay later loans, can help you obtain the full fresh start that bankruptcy is designed to provide.]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[5 critical mistakes that can destroy your personal injury case in West Virginia]]> https://www.bottnerskillman.com/?p=50875 2026-07-06T15:23:00Z 2026-07-06T15:22:15Z 1. Delaying medical evaluation Failing to seek a prompt medical evaluation gives insurance adjusters room to argue that injuries were caused by a separate, intervening event rather than the accident itself. West Virginia law also requires injured parties to mitigate their damages, meaning skipping physical therapy appointments or failing to follow a prescribed treatment plan can be used to argue that ongoing pain resulted from non-compliance rather than the original injury.

2. Providing a recorded statement

Injured parties have no legal obligation to provide a recorded statement to the at-fault driver's insurance carrier. Adjusters use these conversations to lock claimants into a narrative that may later be used against them in depositions or at trial. Politely declining and directing the carrier to your attorney is always the safer choice.

3. Crossing the comparative fault threshold

West Virginia follows a modified comparative fault system. Injured parties can recover damages only if their own percentage of fault is less than 50 percent. If a claimant is found to be 50 percent or more responsible for the accident, they are barred from recovering any compensation. Even below that threshold, the total award is reduced proportionally by the claimant's percentage of fault. Understanding how fault is assigned, and how to defend against inflated fault percentages from opposing insurers, is one of the most important aspects of any West Virginia personal injury case.

4. Post-accident social media activity

Insurance investigators routinely monitor claimants' social media profiles throughout litigation. A photograph or post that appears harmless can be used to contradict medical records or testimony about the severity of an injury. Avoiding social media activity related to physical condition, daily activities, or the accident itself is strongly advisable from the moment a claim is filed.

5. Accepting an early settlement offer

Early settlement offers frequently arrive before the full extent of injuries is known. Accepting one requires signing a release of all claims, which permanently waives the right to seek additional compensation, even if significant medical expenses emerge later. Once signed, the release cannot be reopened regardless of how the injury develops. West Virginia's statute of limitations for personal injury claims is two years from the date of the injury. Speaking with a personal injury attorney before that deadline, and ideally as soon as possible after the accident, gives injured parties the best opportunity to preserve evidence and protect their legal rights.  ]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[3 summer hazards for drivers]]> https://www.bottnerskillman.com/?p=50874 2026-06-25T03:31:34Z 2026-06-25T03:31:34Z Vehicle crashes happen throughout the year, but summer sees a notable spike in accidents. In fact, the 100 days between Memorial Day and Labor Day are sometimes referred to as the “100 Deadliest Days of Summer.” That name technically refers to the high risk for adolescent drivers, who, with school finished for the summer, have time to use their cars more. Yet people of all ages get caught up in summertime crashes. Aside from inexperienced teens getting the chance to drive more, often making mistakes as they go, there are several other reasons summer can be a dangerous time on the roads. Here are three things that often give rise to summer accidents

Drinking holidays

Many people’s alcohol consumption goes up in the summer, and the time of day people drink also tends to expand.  More people will be drinking at daytime events, such as parades or barbecues, and “drinking holidays” like the Fourth of July are common. Ultimately, that can lead to more drunk drivers on the road and more drunk driving accidents.

Increased traffic

Certain days of summer can see a massive increase in the number of vehicles on particular roads. For example, Friday afternoons often see people lining up and rushing to get away for the weekend, while a music festival might see hundreds or thousands of visitors filling the roads in and out of the venue. The more cars there are on the road, the more accidents there may be.

Hot temperatures

Sitting in a traffic line on a hot day is not much fun. Tempers can easily flare, and drivers may resort to aggressive driving maneuvers that they would not have made on a cooler, less busy day. In general, heat can be an accelerant for stress, and stress can cause drivers to make poor decisions.  If you are injured in a collision this summer, remember that legal guidance can help you to seek the compensation you may need.]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[3 ways social media use can tank your personal injury claim]]> https://www.bottnerskillman.com/?p=50873 2026-06-24T02:43:54Z 2026-06-24T02:43:54Z After you’ve suffered injuries in an accident, you probably want to talk about the situation on social media – especially if you’re frustrated. For you, social media is just an outlet for your feelings. For your opponent and their insurer, however, your social media posts can be a goldmine of information and evidence that can be used against you. If you think that you’re “small potatoes” and nobody is likely to comb through your social media posts, think again. One study that looked at the use of social media in just the U.S. The Ninth Circuit Court of Appeals showed a 350% increase between 2010 and 2017. Everybody is looking at everybody else’s social media these days – and what you post absolutely could come back to haunt you. It could even kill your personal injury claim. Here’s how:

1. Your posts may contradict your injury claims

One of the most common ways social media hurts a personal injury case is when a post appears inconsistent with the injuries someone claims. For example, photographs showing you attending a party, exercising or participating in a physical hobby could be used to argue that your injuries are not as severe as you say. Even if a picture captures only a brief moment and an artificial smile – and does not reflect the pain you experienced before or afterward – the insurance company may still attempt to use it to challenge your credibility.

2 Your emotional state can be called into question

Emotional distress can be a significant part of a personal injury claim. Post-traumatic stress disorder isn’t uncommon after a traumatic accident, nor is anxiety when someone is put back into similar situations. For example, some people have panic attacks when they have to drive on a highway after having been in a wreck. If your social media posts indicate that you’re doing great and generally seem happy and optimistic, they may be used to dispute any claims that you’re suffering from emotional harm.

3. You may contradict what you previously said about the accident

The details of an accident matter more than most people realize. Insurers may scrutinize every statement you make online about the accident to see if you’re giving different versions of the events in different places. If they find any details that seem to contradict what you said before, they may challenge your credibility and try to shift liability away from their clients. The safest approach is often to significantly limit social media activity while your personal injury claim is pending. Before posting anything online, ask yourself whether you would be comfortable seeing that post displayed in a courtroom. If you wouldn’t, don’t post it.]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[Overtime, bonuses, commissions and gigs: Do they count for child support?]]> https://www.bottnerskillman.com/?p=50864 2026-06-14T21:41:51Z 2026-06-14T21:41:51Z In West Virginia, child support is calculated using an “income shares model” that, in essence, says that every child should benefit from their parent’s income the same way they would if the parents’ relationship were intact. Once each parent’s gross income is determined, those figures are combined and the total is matched against a table that indicates how much of that income must be designated for support. Each parent is allocated a percentage of that responsibility, with the number of children and parenting time factored in. However, determining a parent’s gross income isn’t always easy. These days, many people supplement their base pay with overtime and gig work, while others are in fields that rely heavily on bonuses and commissions. In most cases, variable income must be considered alongside regular wages, particularly when it represents a consistent part of a person's earnings. 

How irregular and variable income is factored into support

Child support cannot be adjusted monthly with every shift in a parent’s income. Just the same, the court doesn’t want to deprive a child of the support they are due – nor unduly burden a parent with a support obligation that is beyond their means.  When variable income is involved, the court will typically look beyond a single paycheck and examine a parent's overall earnings history over a longer period of time. Pay stubs, tax returns for the last several years, W-2 forms and other financial records may all be reviewed to determine whether certain types of income are consistent before the court determines what to include. The goal is to avoid a support calculation that either overstates or understates a parent's actual earning capacity. Overtime pay and gig work can present unique challenges because it is not always guaranteed. Some employees work overtime regularly as part of their normal employment, while others earn it only occasionally during busy periods, like holiday seasons. When overtime has been earned consistently over a significant period of time, a court may view it as a reliable source of income and include it in a child support calculation. On the other hand, sporadic overtime that is unlikely to continue may receive less weight. The court may consider factors such as the employee's work history, industry conditions and whether similar overtime opportunities are likely. Bonuses and commissions are also commonly considered when determining child support. For some professionals, annual bonuses or commissions represent a substantial portion of their total annual compensation. Again, the average over several years may be considered the most reliable figure.

What happens when income changes?

A reduction in a parent’s variable income does not automatically justify a reduction in child support. If a parent voluntarily leaves a second job, stops performing gig work or declines regular overtime opportunities, the court may examine the reasons for that decision. In some situations, the court may decide that the parent is voluntarily “underemployed” and calculate support based on their earning capacity rather than their actual earnings. For example, a parent who abruptly stops working overtime after a child support order is entered may face questions about whether the change was made in good faith. Likewise, a parent who voluntarily abandons a profitable side business or gig-work arrangement may face questions. Courts generally look at the totality of the circumstances, including the parent's work history, health, family obligations, market changes and the justification behind the income reduction. Regardless of which side of the issue you are on, understanding how variable income is evaluated for matters of support can be difficult. An experienced attorney can help you learn more and advocate for a fair outcome. ]]> On Behalf of Bottner & Associates, Attorneys at Law <![CDATA[Constructive eviction and retaliation: What tenants should know]]> https://www.bottnerskillman.com/?p=50858 2026-05-25T17:30:32Z 2026-05-25T17:30:32Z Not all eviction actions arrive with a formal notice and paperwork from a court. Sometimes, a landlord decides to bypass the official legal process and pressure a tenant to move out without an official eviction. This kind of situation, known as a “constructive eviction,” is particularly common when landlords want to be rid of a troublesome tenant who complains about the property conditions or exercises other legal rights that the landlord finds inconvenient. 

What is constructive eviction?

Constructive evictions happen when a landlord doesn’t physically remove a tenant (through legal means or otherwise), but creates conditions that are designed to make the property unlivable. In essence, the tenant gets forced out because the living conditions are no longer safe. Examples of acts by a landlord that can constitute constructive eviction include:
  • Turning off the heat in the middle of winter or refusing to repair a broken heating system
  • Shutting off the electricity, water or other services without cause or notice
  • Changing the locks on the residence while the tenant is not home and refusing access
  • Repeatedly harassing the tenant, appearing at the tenant’s door or entering the property for surprise “inspections” that are not permitted under the lease
  • Removing the doors or windows on the property so that the tenant cannot secure the property against intrusion 
Landlords may begin this behavior to retaliate for a variety of reasons. Among the most common provocations are tenant reports about housing code violations, requests for expensive repairs, the withholding of rent during a legal dispute, attempts to organize with other tenants or pushbacks against lease violations. Whatever the cause, the goal is to make the living environment so hostile for the tenant that the tenant feels like they have no choice but to move.

What can tenants do to protect themselves?

One common mistake tenants make is immediately abandoning the property without understanding their legal position first. Leaving too quickly can expose the tenant to additional problems with unpaid rent claims, lease violations, the withholding of security deposits and damage allegations. It is not unusual for a landlord who is aggressive enough to engage in a constructive eviction to also go on the offensive against a tenant once that tenant has left the property. Documentation is key to self-protection. Tenants should carefully compile as much documentation as possible from the moment that they realize they are in conflict with their landlord – just in case the situation escalates. Good documentation includes copies of emails and text messages exchanged with the landlord about any issues, inspection reports, copies of repair requests, records of utility interruptions, photos and video recordings of the property conditions.  It is also wise to seek legal guidance as early as possible in the situation. Since disputes involving landlord retaliation and constructive eviction can escalate quickly, early involvement by an attorney can be critical to a better outcome.]]>