reglab/housing_qa huggingface dataset:
WV Code § 48-26-1002 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-1002. Exclusions

The provisions of this part do not apply to therapeutic or supervised visitation or exchanges or any activity conducted by the state or others in abuse and neglect proceedings pursuant to §49-2-801 through §49-2-814 and §49-4-601 through §49-4-610 of this code in which assessment, evaluation, formulation of a treatment plan, case management, counseling, therapy, or similar activities occur.
WV Code § 48-26-1004 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-1004. Contract by Persons Using Program

Every program shall require that the parent, guardian or other adult sign a written contract prior to using the program and that the use of the services provided by the program can be terminated by the program for violation of the contract.
WV Code § 48-26-1101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-1101. Referral to Shelters

§48-26-1101. Referral to shelters.Where shelters are available, the law-enforcement officer or other public authority investigating an alleged incident of domestic violence shall advise the victim of the availability of the family protection shelter to which that person may be admitted.
WV Code § 48-27-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-101. Findings and Purposes

§48-27-101. Findings and purposes.(a) The Legislature of this state finds that:(1) Every person has a right to be safe and secure in his or her home and family and to be free from domestic violence.(2) Children are often physically assaulted or witness violence against one of their parents or other family or household members, violence which too often ultimately results in death. These children may suffer deep and lasting emotional harm from victimization and from exposure to domestic violence;(3) Domestic violence is a major health and law-enforcement problem in this state with enormous costs to the state in both dollars and human lives. It affects people of all racial and ethnic backgrounds and all socioeconomic classes; and(4) Domestic violence can be deterred, prevented or reduced by legal intervention that treats this problem with the seriousness that it deserves.(b) This article shall be liberally construed and applied to promote the following purposes:(1) To assure victims of domestic violence the maximum protection from abuse that the law can provide;(2) To create a speedy remedy to discourage violence against family or household members with whom the perpetrator of domestic violence has continuing contact;(3) To expand the ability of law-enforcement officers to assist victims, to enforce the domestic violence law more effectively, and to prevent further abuse;(4) To facilitate equal enforcement of criminal law by deterring and punishing violence against family and household members as diligently as violence committed against strangers;(5) To recognize that domestic violence constitutes serious criminal behavior with potentially tragic results and that it will no longer be excused or tolerated; and(6) To recognize that the existence of a former or on-going familial or other relationship should not serve to excuse, explain or mitigate acts of domestic violence which are otherwise punishable as crimes under the laws of this state.
WV Code § 48-27-201 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-201. Applicability of Definitions

§48-27-201. Applicability of definitions.For the purposes of this article and article 26-101, et seq., of this chapter, the words or terms defined in this article, and any variation of those words or terms required by the context, have the meanings ascribed to them in this section. These definitions are applicable unless a different meaning clearly appears from the context.
WV Code § 48-27-202 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-202. Domestic Violence Defined

§48-27-202. Domestic violence defined."Domestic violence" or "abuse" means the occurrence of one or more of the following acts between family or household members, as that term is defined in section two hundred four of this article:(1) Attempting to cause or intentionally, knowingly or recklessly causing physical harm to another with or without dangerous or deadly weapons;(2) Placing another in reasonable apprehension of physical harm;(3) Creating fear of physical harm by harassment, stalking, psychological abuse or threatening acts;(4) Committing either sexual assault or sexual abuse as those terms are defined in articles eight-b and eight-d, chapter sixty-one of this code; and(5) Holding, confining, detaining or abducting another person against that person's will.
WV Code § 48-27-203 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-203. Emergency Hearing Defined

Emergency hearing means the hearing before a magistrate upon the filing of a petition for a protective order. An emergency hearing may be held ex parte.
WV Code § 48-27-204 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-204. Family or Household Members Defined

§48-27-204. Family or household members defined."Family or household members" means persons who:(1) Are or were married to each other;(2) Are or were living together as spouses;(3) Are or were sexual or intimate partners;(4) Are or were dating: Provided, That a casual acquaintance or ordinary fraternization between persons in a business or social context does not establish a dating relationship;(5) Are or were residing together in the same household;(6) Have a child in common regardless of whether they have ever married or lived together;(7) Have the following relationships to another person:(A) Parent;(B) Stepparent;(C) Brother or sister;(D) Half-brother or half-sister;(E) Stepbrother or stepsister;(F) Father-in-law or mother-in-law;(G) Stepfather-in-law or stepmother-in-law;(H) Child or stepchild;(I) Daughter-in-law or son-in-law;(J) Stepdaughter-in-law or stepson-in-law;(K) Grandparent;(L) Step grandparent;(M) Aunt, aunt-in-law or step aunt;(N) Uncle, uncle-in-law or step uncle;(O) Niece or nephew;(P) First or second cousin; or(8) Have the relationships set forth in paragraphs (A) through (P), subdivision (7) of this section to a family or household member, as defined in subdivisions (1) through (6) of this section.
WV Code § 48-27-205 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-205. Final Hearing Defined

Final hearing means the hearing before a family court judge following the entry of an order by a magistrate as a result of the emergency hearing.
WV Code § 48-27-206 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-206. Law-Enforcement Agency Defined

(a) "Law-enforcement agency" means and is limited to:(1) The state police and its members;(2) A county sheriff and his or her law-enforcement deputies;(3) A police department in any municipality as defined in section two, article one, chapter eight of this code; and(4) Any federal agency whose purpose includes enforcement, maintenance and gathering of information of both criminal and civil records relating to domestic violence under federal law.(b) The term "law-enforcement agency" includes, but is not limited to, the Department of Health and Human Resources in those instances of child abuse reported to the department that are not otherwise reported to any other law-enforcement agency.
WV Code § 48-27-207 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-207. Program for Victims of Domestic Violence Defined

Program for victims of domestic violence means a licensed program for victims of domestic violence and their children, which program provides advocacy, shelter, crisis intervention, social services, treatment, counseling, education or training.
WV Code § 48-27-208 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-208. Program of Intervention for Perpetrators Defined

Program of intervention for perpetrators means a licensed program, where available, or if no licensed program is available, a program that:(1) Accepts perpetrators of domestic violence into educational intervention groups or counseling pursuant to a court order; or(2) Offers educational intervention groups to perpetrators of domestic violence.
WV Code § 48-27-209 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-209. Protective Order Defined

Protective order means an emergency protective order entered by a magistrate as a result of the emergency hearing or a protective order entered by a family court judge upon final hearing.
WV Code § 48-27-301 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-301. Jurisdiction

§48-27-301. Jurisdiction.(a) Circuit courts, family courts and magistrate courts have concurrent jurisdiction over domestic violence proceedings as provided in this article.(b) The Supreme Court of Appeals is authorized to assign appropriate judicial officers for five domestic violence courts in any jurisdiction chosen by the Supreme Court of Appeals. Judicial officers so assigned have the authority and jurisdiction to preside over criminal misdemeanor crimes of domestic violence involving family or household members as defined in subdivisions (1) through (6), inclusive, and paragraphs (A), (B) and (H), subdivision (7), section two hundred four of this article, relating to offenses under subsections (b) and (c), section nine, article two, chapter sixty-one of this code, misdemeanor violations of section nine-a, article two, chapter sixty-one of this code, misdemeanor violations of section twenty-eight, article two, chapter sixty-one of this code, misdemeanor offenses under article three, chapter sixty-one of this code where the alleged perpetrator and the victim are said family or household members, subdivisions (7) and (8), section seven, article seven, chapter sixty-one of this code and civil and criminal domestic violence protective order proceedings as provided in this article. The judicial officer chosen for any domestic violence court may be a current or senior status circuit judge, family court judge, temporary family court judge or magistrate. The Supreme Court of Appeals is requested to maintain statistical data to determine the feasibility and effectiveness of any domestic violence court established by the provisions of this section.(c) The assigned judicial officer in a domestic violence court does not have jurisdiction to preside over any felony crimes unless the assigned judicial officer is a circuit court judge.
WV Code § 48-27-302 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-302. Venue

The action may be heard in the county in which the domestic violence occurred, in the county in which the respondent is living or in the county in which the petitioner is living, either temporarily or permanently. If the parties are married to each other, the action may also be brought in the county in which an action for divorce between the parties may be brought as provided by 5-106.
WV Code § 48-27-303 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-303. Effect of Petitioner Leaving Residence

The petitioner's right to relief under this article shall not be affected by his or her leaving a residence or household to avoid further abuse.
WV Code § 48-27-304 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-304. Commencement of Proceeding

§48-27-304. Commencement of proceeding.(a) An action under this article is commenced by the filing of a verified petition in the magistrate court.(b) No person shall be refused the right to file a petition under the provisions of this article. No person shall be denied relief under the provisions of this article if she or he presents facts sufficient under the provisions of this article for the relief sought.(c) Husband and wife are competent witnesses in domestic violence proceedings and cannot refuse to testify on the grounds of the privileged nature of their communications.
WV Code § 48-27-305 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-305. Persons Who May File Petition

A petition for a protective order may be filed by:(1) A person seeking relief under this article for herself or himself (2) An adult family or household member for the protection of the victim or for any family or household member who is a minor child or physically or mentally incapacitated to the extent that he or she cannot file on his or her own behalf, or(3) A person who reported or was a witness to domestic violence and who, as a result, has been abused, threatened, harassed or who has been the subject of other actions intended to intimidate the person.
WV Code § 48-27-306 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-306. Counterclaim or Affirmative Defenses

(a) A respondent named in a petition alleging domestic violence may file a verified counterclaim stating any claim that the respondent has against the petitioner that would be a basis for filing a petition under this article.(b) In response to a petition or counterclaim, the person alleged to have committed the domestic violence may assert any affirmative defense that he or she may have available.
WV Code § 48-27-307 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-307. Persons Accompanying Petitioner

No person accompanying a person who is seeking to file a petition under the provisions of this article is precluded from being present if his or her presence is desired by the person seeking a petition unless the person's behavior is disruptive to the proceeding.
WV Code § 48-27-308 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-308. Charges for Fees and Costs Postponed

No fees shall be charged for the filing of petitions or other papers, service of petitions or orders, copies of orders, or other costs for services provided by, or associated with, any proceedings under this article until the matter is brought before the court for final resolution.
WV Code § 48-27-309 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-309. Priority of Petitions

Any petition filed under the provisions of this article shall be given priority over any other civil action before the court, except actions in which trial is in progress, and shall be docketed immediately upon filing.
WV Code § 48-27-310 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-310. Full Faith and Credit

Any protective order issued pursuant to this article shall be effective throughout the state in every county. Any protection order issued by any other 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 or any Indian tribe or band that has jurisdiction to issue protection orders shall be accorded full faith and credit and enforced in accordance with the provisions of article twenty-eight of this chapter.
WV Code § 48-27-311 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-311. Service of Process

A protective order may be served:(1) On the respondent by means of a Class I legal advertisement published notice, with the publication area being the most current known county in which the respondent resides, published in accordance with the provisions of section two, article three, chapter fifty-nine of this code if personal service by law enforcement has been unsuccessful. Simultaneously with the publication, the respondent shall be served with the protective order and the order of publication by first class mail to the respondent's most current known residential address.(2) Against nonresident persons by the manner prescribed in section thirty-three-a, article three, chapter fifty-six of this code.Any protective order issued by the court of this state which is served in compliance with the provisions of Rule 4(f) of the West Virginia Rules of Civil Procedure served outside the boundaries of this state shall carry the same force and effect as if it had been personally served within this state's boundaries.
WV Code § 48-27-312 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-312. Production of Documents Pursuant to a Subpoena Duces Tecum

§48-27-312. Production of documents pursuant to a subpoena duces tecum.Notwithstanding any provision of law or any procedural rule to the contrary, any record in a proceeding filed pursuant to this article shall be supplied to any person presenting a subpoena duces tecum issued by a state or federal court in any criminal action or action filed pursuant to this article. Any record in a proceeding filed pursuant to this article is not subject to disclosure pursuant to a subpoena if the subpoena was issued in a civil action. In civil proceedings a court, for good cause shown, may enter an order permitting a person who is not otherwise permitted access to a court file to examine and copy records of a proceeding filed pursuant to this article: Provided, That the court shall enter such order as may be necessary to protect any document containing the address or other contact information of a person who filed a petition under this article: Provided, however, That any records obtained pursuant to the provisions of this section shall be used only in the context of the case in which the subpoena was issued and not for any other purpose.
WV Code § 48-27-401 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-401. Interaction Between Domestic Proceedings

 (a) During the pendency of a divorce action, a person may file for and be granted relief provided by this article until an order other than a procedural order is entered in the divorce action pursuant to Part 5-501, et seq.(b) If a person who has been granted relief under this article should subsequently become a party to an action for divorce, separate maintenance or annulment, such person shall remain entitled to the relief provided under this article including the right to file for and obtain any further relief, so long as no temporary order other than a procedural order has been entered in the action for divorce, annulment and separate maintenance, pursuant to Part 5-501, et seq.(c) Except as provided in section 5-509 of this chapter and section 27-402 of this article for a petition and a temporary emergency protective order, no person who is a party to a pending action for divorce, separate maintenance or annulment in which an order other than a procedural order has been entered pursuant to Part 5-501, et seq. of this chapter, shall be entitled to file for or obtain relief against another party to that action under this article until after the entry of a final order which grants or dismisses the action for divorce, annulment or separate maintenance.(d) Notwithstanding the provisions set forth in section 27-505, when an action seeking a divorce, an annulment or separate maintenance, the allocation of custodial responsibility or a habeas corpus action to establish custody, the establishment of paternity, the establishment or enforcement of child support, or other relief under the provisions of this chapter is filed or is reopened by petition, motion or otherwise, then any order issued pursuant to this article which is in effect on the day the action is filed or reopened shall remain in full force and effect by operation of this statute until: (1) A temporary order other than a procedural order or a final order is entered pursuant to the provisions of Part 5-501, et seq. or Part 6-601 et seq., of this chapter; or (2) an order is entered modifying such order issued pursuant to this article; or (3) the entry of a final order granting or dismissing the action. The Supreme Court of Appeals shall provide by rule for notice of the extension of the Domestic Violence Order to be provided to the parties, law enforcement and the domestic violence registry by the clerk of the court, or clerks of the courts, in which the action or actions are filed.
WV Code § 48-27-501 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-501. Issuance of Protective Order; Modification of Order

§48-27-501. Issuance of protective order; modification of order.(a) Upon final hearing, the court shall enter a protective order if it finds, after hearing the evidence, that the petitioner has proved the allegations of domestic violence by a preponderance of the evidence. If the respondent is present at the hearing and elects not to contest the allegations of domestic violence or does not contest the relief sought, the petitioner is not required to produce evidence and prove the allegations of domestic violence and the court may directly address the issues of the relief requested.(b) The court may modify the terms of a protective order at any time upon subsequent petition filed by any party.
WV Code § 48-27-502 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-502. Mandatory Provisions in Protective Order

(a) A protective order must order the respondent to refrain from abusing, harassing, stalking, threatening or otherwise intimidating the petitioner or the minor children, or engaging in other conduct that would place the petitioner or the minor children in reasonable fear of bodily injury.(b) The protective order must prohibit the respondent from possessing any firearm or ammunition.(c) The protective order must inform the respondent that he or she is prohibited from possessing any firearm or ammunition and that possession of a firearm or ammunition while subject to the court's protective order is a criminal offense under state and federal law, notwithstanding the fact that the respondent might otherwise have a right to possess a firearm.(d) The protective order must inform the respondent that the order is in full force in every county of this state.(e) The protective order must contain on its face the following statement, printed in bold-faced type or in capital letters:"VIOLATION OF THIS ORDER MAY BE PUNISHED BY CONFINEMENT IN A REGIONAL JAIL FOR AS LONG AS ONE YEAR AND BY A FINE OF AS MUCH AS $2,000".