Wheeling -- An Ohio County Sheriff's deputy faces one county of computer invasion of privacy after what's being described as a heated custody battle between his ex-wife and him.

Deputy Charles Kittle, Triadelphia, faces that count after allegedly hacking into her computer, a misdemeanor.

He was charged with the same crime once before and the case was dismissed by Brooke County Magistrate Debra Lundsford.

The new charge went before Brooke County Magistrate Michael Allman. Kittle is free on bond and will have a bench trial in September.

Meanwhile, his ex-wife's brother-in-law, Timothy Burke, is also facing a charge of battery due to an alleged altercation with kittle in January of this year.

His trial is also scheduled in September. Sheriff Pat Butler says he is not commenting on the criminal charge, but says Deputy Kittle remains, and will remain on the job.

7 News reported originally that Magistrate Patty Murphy dismissed the charges, but it was, in fact, Magistrate Lundsford that dismissed the original charges.