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WV Code § 48-27-1001 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-1001. Arrest for Violations of Protective Orders

(a) When a law-enforcement officer observes any respondent abuse the petitioner or minor children or the respondent's physical presence at any location in knowing and willful violation of the terms of an emergency or final protective order issued under the provisions of this article or section 5-509 or 5-608 of this chapter granting the relief pursuant to the provisions of this article, in knowing and willful violation of the terms of a protection order from another jurisdiction that is required to be enforced pursuant to section four, article twenty-eight of this chapter, he or she shall immediately arrest the respondent.(b) When a family or household member is alleged to have committed a violation of the provisions of section 27-903 or 28-7, a law-enforcement officer may arrest the perpetrator for said offense where:(1) The law-enforcement officer has observed credible corroborative evidence, as defined in subsection 27-1002(b), that the offense has occurred; and(2) The law-enforcement officer has received, from the victim or a witness, a verbal or written allegation of the facts constituting a violation of section 27-903; or(3) The law-enforcement officer has observed credible evidence that the accused committed the offense.(c) Any person who observes a violation of a protective order as described in this section, or the victim of such abuse or unlawful presence, may call a local law-enforcement agency, which shall verify the existence of a current order, and shall direct a law-enforcement officer to promptly investigate the alleged violation.(d) Where there is an arrest, the officer shall take the arrested person before a circuit court or a magistrate and, upon a finding of probable cause to believe a violation of an order as set forth in this section has occurred, the court or magistrate shall set a time and place for a hearing in accordance with the West Virginia rules of criminal procedure.
WV Code § 48-27-1003 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-1003. Nonjudicial Enforcement of Order

(a) A law-enforcement officer of this state, upon determining that there is probable cause to believe that a valid protective order exists and that the order has been violated, shall enforce the order pursuant to any authority to arrest under the code. Presentation of a protective order that identifies both the protected individual and the respondent and that appears, on its face, to be authentic and currently in effect constitutes probable cause to believe that a valid protective order exists. For the purposes of this section, the protective order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protective order is not required for enforcement.(b) If a protective order is not presented, a law-enforcement officer of this state may consider other credible information in determining whether there is probable cause to believe that a valid protective order exists.(c) If a law-enforcement officer of this state determines that an otherwise valid protective order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
WV Code § 48-27-1004 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-1004. Immunity

This state or a local governmental agency, or a law-enforcement officer, prosecuting attorney, clerk of court or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act or omission arising out of the enforcement of a protective order or the detention or arrest of an alleged violator of a protective order if the act or omission was done in good faith in an effort to comply with this article.
WV Code § 48-27-1101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-1101. Rules of Practice and Procedure; Forms to Be Provided; Operative Date

(a) Pleadings, practice and procedure in domestic violence matters before the court are governed by the rules of practice and procedure for domestic violence civil proceedings promulgated by the West Virginia Supreme Court of Appeals.(b) The West Virginia Supreme Court of Appeals shall prescribe forms which are necessary and convenient for proceedings pursuant to this article and the court shall distribute such forms to the clerk of the circuit court, the secretary-clerk of the family court and the clerk of magistrate court of each county within the state.
WV Code § 48-27-1102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-1102. Authorization for the Promulgation of Legislative Rules

The Governor's committee on crime, delinquency and correction shall develop and promulgate rules for state, county and municipal law-enforcement officers, law-enforcement agencies and communications and emergency operations centers which dispatch law-enforcement officers with regard to domestic violence: Provided, That such rules and procedures must be consistent with the priority criteria prescribed by generally applicable department procedures. Prior to the publication of proposed rules, the Governor's committee on crime, delinquency and correction shall convene a meeting or meetings of an advisory committee to assist in the development of the rules. The advisory committee shall be composed of persons invited by the committee to represent state, county and local law-enforcement agencies and officers, to represent magistrates and court officials, to represent victims of domestic violence, to represent shelters receiving funding pursuant to article 26-101, et seq. of this chapter, to represent communications and emergency operations centers that dispatch law-enforcement officers and to represent other persons or organizations who, in the discretion of the committee, have an interest in the rules. The rules and the revisions thereof as provided in this section shall be promulgated as legislative rules in accordance with chapter twenty-nine-a of this code. The committee shall meet at least annually to review the rules and to propose revisions as a result of changes in law or policy.
WV Code § 48-27-1103 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-1103. Training of Law-Enforcement Officers in Domestic Violence

All law-enforcement officers shall receive training relating to response to calls involving domestic violence.
WV Code § 48-27-1104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-1104. Judicial Education on Domestic Violence

All circuit court judges may and magistrates and family courts shall receive a minimum of three hours training each year on domestic violence which shall include training on the psychology of domestic violence, the battered wife and child syndromes, sexual abuse, courtroom treatment of victims, offenders and witnesses, available sanctions and treatment standards for offenders, and available shelter and support services for victims. The Supreme Court of Appeals may provide such training in conjunction with other judicial education programs offered by the supreme court.
WV Code § 48-27-1105 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-1105. Rule for Time-Keeping Requirements

The Supreme Court of Appeals shall promulgate a procedural rule to establish time-keeping requirements for magistrates, magistrate court clerks and magistrate assistants so as to assure the maximum funding of incentive payments, grants and other funding sources available to the state for the processing of cases filed for the establishment of temporary orders of child support pursuant to the provisions of this article.
WV Code § 48-28-1 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 28. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act|§48-28-1. Title

This article may be cited as the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act."
WV Code § 48-28-2 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 28. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act|§48-28-2. Definitions

In this article:(1) "Court" means a circuit court, family court or magistrate court which has jurisdiction over domestic violence proceedings pursuant to article twenty-seven of this chapter.(2) "Foreign protection order" means a protection order issued by a tribunal of another state.(3) "Issuing state" means the state whose tribunal issues a protection order.(4) "Mutual foreign protection order" means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.(5) "Protected individual" means an individual protected by a protection order.(6) "Protection order" means an injunction or other order, issued by a tribunal under the domestic violence, family violence or antistalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to another individual.(7) "West Virginia protective order" means an order issued pursuant to article twenty-seven of this chapter or to section five hundred nine, article five of this chapter.(8) "Respondent" means the individual against whom enforcement of a protection order is sought.(9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders.(10) "Tribunal" means a court, agency or other entity authorized by law to issue or modify a protection order.
WV Code § 48-28-3 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 28. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act|§48-28-3. Judicial Enforcement of Order

(a) A person authorized by the law of this state to seek enforcement of a West Virginia protective order may seek enforcement of a valid foreign protection order in a court of this state. The court shall enforce the terms of the order, including terms that provide relief that a court of this state would lack power to provide but for this section. The court shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it was issued in response to a complaint, petition or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the court shall follow the procedures of this state for the enforcement of West Virginia protective orders.(b) A court of this state may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.(c) A court of this state shall enforce the provisions of a valid foreign protection order which govern custody and visitation if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state or under federal law and with the requirements set out in subsection (d) of this section.(d) A foreign protection order is valid if it:(1) Identifies the protected individual and the respondent;(2) Is currently in effect;(3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and(4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued in a manner consistent with the respondent's rights to due process of law.(e) A foreign protection order which appears authentic on its face is presumed to be valid.(f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.(g) A court of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if:(1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and(2) The tribunal of the issuing state made specific findings in favor of the respondent.
WV Code § 48-28-4 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 28. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act|§48-28-4. Nonjudicial Enforcement of Order

(a) A law-enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were a West Virginia protective order. Presentation of a foreign protection order that identifies both the protected individual and the respondent and that appears, on its face, to be authentic and currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.(b) If a foreign protection order is not presented, a law-enforcement officer of this state may consider other credible information in determining whether there is probable cause to believe that a valid foreign protection order exists.(c) If a law-enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.(d) Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this article.
WV Code § 48-28-5 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 28. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act|§48-28-5. Registration of Order

(a) Any individual may register a foreign protection order in this state by:Presenting a certified copy of the order to the West Virginia Supreme Court of Appeals for registration in accordance with the provisions of section eight hundred two, article twenty-seven of this chapter.(b) An individual registering a foreign protection order shall file an affidavit by the protected individual stating that, to the best of the protected individual's knowledge, the order is currently in effect.(c) Upon receipt of a foreign protection order for registration, the West Virginia Supreme Court of Appeals shall:(1) Register the order in accordance with the provisions of this section and of section eight hundred two, article twenty-seven of this chapter;(2) Furnish to the individual registering the order a copy of the proof of registration of the order.(d) A registered foreign protection order that is shown to be inaccurate or not currently in effect must be corrected or removed from the registry.(e) A foreign protection order registered under this article may be entered in any existing state or federal registry of protection orders in accordance with applicable law.(f) A fee may not be charged for the registration of a foreign protection order.
WV Code § 48-28-6 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 28. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act|§48-28-6. Immunity

This state or a local governmental agency, or a law-enforcement officer, prosecuting attorney, clerk of court or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this article.
WV Code § 48-28-7 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 28. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act|§48-28-7. Criminal Offenses and Penalties

(a) A respondent who abuses, as that term is defined in section two hundred two, article twenty-seven of this chapter, a protected individual or who is physically present at any location in knowing and willful violation of the terms of: (1) A valid foreign protection order; (2) a protection order entered in any pending foreign divorce action which enjoins the offending party from molesting or interfering with another party or interfering with the custodial or visitation rights of another person; or (3) a condition of bail, probation or parole imposed in another state which has the express intent or effect of protecting the personal safety of a particular person or persons is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for a period of not less than one day nor more than one year, which jail term shall include actual confinement of not less than twenty-four hours, and shall be fined not less than $250 nor more than $2,000.(b) A respondent who is convicted of a second or subsequent offense under subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not less than three months nor more than one year, which jail term shall include actual confinement of not less than twenty-four hours, and fined not less than $500 nor more than $3,000.
WV Code § 48-28-8 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 28. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act|§48-28-8. Other Remedies

A protected individual who pursues remedies under this article is not precluded from pursuing other legal or equitable remedies against the respondent.
WV Code § 48-28-9 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 28. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act|§48-28-9. Uniformity of Application and Construction

In applying and construing this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
WV Code § 48-28-10 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 28. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act|§48-28-10. Transitional Provision

This article applies to:(a) Foreign protection orders issued before the effective date of this article; and(b) Continuing actions for enforcement of foreign protection orders commenced before the effective date of this article. A request for enforcement, made on or after the effective date of this article, of a foreign protection order based on violations which occurred before the effective date of this article is governed by this article.
WV Code § 48-28A-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 28A. Address Confidentiality Program|§48-28A-101. Purpose

The Legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault, or stalking frequently find it necessary to establish a new address in order to prevent their assailants or probable assailants from finding them. The purpose of this article is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic abuse, sexual assault, or stalking; to enable interagency cooperation with the Secretary of State in providing address confidentiality for victims of domestic abuse, sexual assault, or stalking; and to enable state and local agencies to accept an address designated by the Secretary of State by a program participant as a substitute for a residential or mailing address.
WV Code § 48-28A-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 28A. Address Confidentiality Program|§48-28A-102. Definitions

As used in this article, unless the context otherwise indicates, the following terms have the following meanings.(1) "Application assistant" means an employee of a state or local agency, or of a nonprofit program that provides counseling, referral, shelter or other specialized service to victims of domestic abuse, rape, sexual assault or stalking, and who has been designated by the respective agency or nonprofit program, and trained, accepted and registered by the Secretary of State to assist individuals in the completion of program participation applications.(2) "Designated address" means the address assigned to a program participant by the Secretary of State pursuant to section one hundred three of this article.(3) "Mailing address" means an address that is recognized for delivery by the United States Postal Service.(4) "Program" means the Address Confidentiality Program established by this article.(5) "Program participant" means a person certified by the Secretary of State to participate in the program.(6) "Residential Address" means a residential street, school or work address of an individual, as specified on the individual's application to be a program participant under this article.
WV Code § 48-28A-104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 28A. Address Confidentiality Program|§48-28A-104. Cancellation

Certification for the program may be canceled if one or more of the following conditions apply:(1) If the program participant obtains a name change, unless the program participant provides the Secretary of State with documentation of a legal name change within ten business days of the name change;(2) If there is a change in the residential address of the program participant from the one listed on the application, unless the program participant provides the Secretary of State with notice of the change in a manner prescribed by the Secretary of State; or(3) The applicant or program participant violates subsection (f), section one hundred three of this article.