A domestic violence protection order issued against a Charleston police officer last month was thrown out by a circuit judge Thursday.
The order barring Cpl. Justin Doughty, 31, from contacting his ex-wife for 90 days was thrown out after a hearing by Kanawha Judge Carrie Webster.
"That's the sister of [Charleston police] Chief Brent Webster," the officer's brother Brian Doughty said, noting he wanted to remind a Gazette-Mail reporter of that Thursday afternoon. "I want my brother's name to be cleared. He's not that kind of person."
Officer Doughty told a reporter earlier this month that the claims brought by his ex-wife were "totally false." He appealed the protection order issued against him in Kanawha Family Court within 10 days and it was assigned to Carrie Webster. Doughty would have had to say it was OK for the judge to hear the case since her brother is the chief of police.
Carrie Webster ruled Thursday that Doughty's ex-wife, Leah Stephenson, 33, is "not a victim of domestic violence," under state law. The circuit judge's order also states that the findings made by Kanawha Family Judge Ken Ballard were "clearly erroneous."
Brent Webster said earlier this month that Doughty already had been on paid administrative leave since September 2016. The leave last year stems from an unrelated incident, which Webster said he was not at liberty to discuss.
Doughty was required to turn over his gun to the police department last year when he was placed on leave, said Webster. By law, people with crimes involving allegations of domestic violence and those with domestic violence orders against them are prohibited from having guns.
Brent Webster said Doughty, who has been with Charleston police at least 10 years, was moved last summer from the Criminal Investigation Division to the patrol division.
"His leave status doesn't change because of this," Brent Webster said. "He's still on paid administrative leave awaiting the conclusion of the other investigation."
Stephenson filed for the petition after an incident she alleged took place Feb. 21, in which Doughty got mad because their child's homework had not been done, Ballard's order stated.
The family judge wrote that Doughty placed his ex-wife "in apprehension of physical harm and fear of harm" during the incident. Doughty allegedly directed explicit insults at Stephenson in front of their minor child and said he "didn't care if she was dead or alive," Ballard wrote. Stephenson told authorities she felt "afraid and intimidated."
Doughty was served with a temporary domestic violence order the day after the incident. Only final orders in cases of domestic violence are public. Everything else is sealed.
Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.