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WV Code § 48-27-503 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-503. Permissive Provisions in Protective Order

The terms of a protective order may include:(1) Granting possession to the petitioner of the residence or household jointly resided in at the time the abuse occurred;(2) Ordering the respondent to refrain from entering or being present in the immediate environs of the residence of the petitioner;(3) Awarding temporary custody of or establishing temporary visitation rights with regard to minor children named in the order;(4) Establishing terms of temporary visitation with regard to the minor children named in the order including, but not limited to, requiring third party supervision of visitations if necessary to protect the petitioner and/or the minor children;(5) Ordering the noncustodial parent to pay to the caretaker parent a sum for temporary support and maintenance of the petitioner and children, if any;(6) Ordering the respondent to pay to the petitioner a sum for temporary support and maintenance of the petitioner, where appropriate;(7) Ordering the respondent to refrain from entering the school, business or place of employment of the petitioner or household or family members for the purpose of violating the protective order;(8) Ordering the respondent to participate in an intervention program for perpetrators;(9) Ordering the respondent to refrain from contacting, telephoning, communicating, harassing or verbally abusing the petitioner;(10) Providing for either party to obtain personal property or other items from a location, including granting temporary possession of motor vehicles owned by either or both of the parties, and providing for the safety of the parties while this occurs, including ordering a law-enforcement officer to accompany one or both of the parties;(11) Ordering the respondent to reimburse the petitioner or other person for any expenses incurred as a result of the domestic violence, including, but not limited to, medical expenses, transportation and shelter;(12) Ordering the petitioner and respondent to refrain from transferring, conveying, alienating, encumbering or otherwise dealing with property which could otherwise be subject to the jurisdiction of the court or another court in an action for divorce or support, partition or in any other action affecting their interests in property;(13) Awarding the petitioner the exclusive care, possession, or control of any animal owned, possessed, leased, kept or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and prohibiting the respondent from taking, concealing, molesting, physically injuring, killing or otherwise disposing of the animal and limiting or precluding contact by the respondent with the animal; and(14) Ordering any other relief the court deems necessary to protect the physical safety of petitioner or those persons for whom a petition may be filed as provided in subdivision (2), section three hundred five of this article.
WV Code § 48-27-504 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-504. Provisions in Protective Order for Person Witnessing or Reporting Domestic Violence

When the person to be protected is a person who reported or was a witness to the domestic violence, the terms of a protective order may order:(1) The respondent to refrain from abusing, contacting, telephoning, communicating, harassing, verbally abusing or otherwise intimidating the person to be protected;(2) The respondent to refrain from entering the school, business or place of employment of the person to be protected for the purpose of violating the protective order; and(3) The respondent to refrain from entering or being present in the immediate environs of the residence of the petitioner.
WV Code § 48-27-506 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-506. Effect of Protective Order on Real and Personal Property

No order entered pursuant to this article may in any manner affect title to any real property, except as provided in section 14-301 for past due child support. The personal property of any person ordered to pay child support pursuant to the provisions of this article is subject to a lien for past due child support as provided in part 14-201, et seq.
WV Code § 48-27-507 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-507. Mutual Protective Orders Prohibited

Mutual protective orders are prohibited unless both parties have filed a petition under part three of this article and have proven the allegations of domestic violence by a preponderance of the evidence. This shall not prevent other persons, including the respondent, from filing a separate petition. The court may consolidate two or more petitions if he or she determines that consolidation will further the interest of justice and judicial economy. The court shall enter a separate order for each petition filed: Provided, That nothing in this section shall preclude the court from entering an order restricting contact pursuant to section two-a, article two-a, chapter fifty-one of this code.
WV Code § 48-27-508 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-508. Costs to Be Paid to Family Court Fund

Any person against whom a protective order is issued shall be assessed costs of $25. Such costs shall be paid to the family court fund established pursuant to section twenty-two, article two-a, chapter fifty-one of this code.
WV Code § 48-27-509 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-509. Conditions of Visitation in Cases Involving Domestic Violence

(a) A court may award visitation of a child by a parent who has committed domestic violence only if the court finds that adequate provision for the safety of the child and the petitioner can be made.(b) In a visitation order, a court may:(1) Order an exchange of a child to occur in a protected setting;(2) Order that supervision be provided by another person or agency;(3) Order the perpetrator of domestic violence to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators as a condition of the visitation;(4) Order the perpetrator of domestic violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for the twelve hours that precede the visitation;(5) Order the perpetrator of domestic violence to pay the costs of supervised visitation, if any;(6) Prohibit overnight visitation;(7) Impose any other condition that the court considers necessary to provide for the safety of the child, the petitioner or any other family or household member.(c) Regardless of whether visitation is allowed, the court may order that the address of the child and the petitioner be kept confidential.(d) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation.
WV Code § 48-27-510 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-510. Appeals

(a) A petitioner who has been denied an emergency protective order may file a petition for appeal of the denial, within five days of the denial, to the family court.(b) Any party who alleges that he or she will be adversely affected or aggrieved by a final protective order, or the denial or dismissal of a petition for a protective order, may file a petition for appeal with the circuit court within ten days of the entry of the order by the family court. The order shall remain in effect pending an appeal unless stayed by order of the family court sua sponte or upon motion of a party, or by order of the circuit court upon motion of a party. No bond shall be required for any appeal under this section.(c) A petition for appeal filed pursuant to this section shall be heard by the court within ten days from the filing of the petition.(d) The standard of review of findings of fact made by the family court is clearly erroneous and the standard of review of application of the law to the facts is an abuse of discretion standard.
WV Code § 48-27-511 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-511. Purging of Domestic Violence Files

Two years after the entry of a final protective order, the circuit court, may, upon motion, order that the protective order and references to the order be purged from the file maintained by any law-enforcement agency and may further order that the file maintained by the court be sealed and not opened except upon order of the court when such is in the interest of justice.
WV Code § 48-27-601 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-601. Transmitting Orders to Domestic Violence Database; Affidavit as to Award of Possession of Real Property; Service of Order on Respondent

§48-27-601. Transmitting orders to domestic violence database; affidavit as to award of possession of real property; service of order on respondent.(a) Upon entry of an order pursuant to section 27-403 or part 27-501, et seq., or an order entered pursuant to part 5-501, et seq., granting relief provided for by this article, a copy of the order shall be immediately transmitted electronically by the court or the clerk of the court to the domestic violence database established pursuant to the provisions of section twenty-one, article one, chapter fifty-one of this code. No later than the close of the next business day the court or the clerk of the court shall transmit the order to a local office of the municipal police, the county sheriff and the West Virginia State Police for service upon the respondent named in the order. The law-enforcement agency or agencies to which a copy of the order is supplied are not required to maintain a copy of the order after the respondent is served.(b) A sworn affidavit may be executed by a party who has been awarded exclusive possession of the residence or household, pursuant to an order entered pursuant to section 27-503, and shall be delivered to law-enforcement agencies simultaneously with any order giving the party's consent for a law-enforcement officer to enter the residence or household, without a warrant, to enforce the protective order or temporary order.(c) Orders shall be promptly served upon the respondent. Failure to serve a protective order on the respondent does not stay the effect of a valid order if the respondent has actual notice of the existence and contents of the order.(d) Any law-enforcement agency in this state in possession of or with notice of the existence of an order issued pursuant to the provisions of sections 27-403 or 27-501 of this article or the provisions of section 5-509 of this chapter which is in effect or has been expired for thirty days or less that receives a report that a person protected by an order has been reported to be missing shall immediately follow its procedures for investigating missing persons. No agency or department policy delaying the beginning of an investigation has any force or effect.(e) The provisions of subsection (d) of this section shall be applied where a report of a missing person is made which is accompanied by a sworn affidavit that the person alleged to be missing was, at the time of his or her alleged disappearance, being subjected to treatment which meets the definition of domestic battery or assault set forth in section twenty-eight, article two, chapter sixty-one of this code.
WV Code § 48-27-701 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-701. Service of Pleadings and Orders by Law-Enforcement Officers

Notwithstanding any other provision of this code to the contrary, all law-enforcement officers are hereby authorized to serve all pleadings and orders filed or entered pursuant to this article on Sundays and legal holidays. No law-enforcement officer shall refuse to serve any pleadings or orders entered pursuant to this article. Law enforcement shall attempt to serve all protective orders without delay: Provided, That service of process shall be attempted within seventy-two hours of law enforcement's receipt of the order to every address provided by petitioner. Any law-enforcement agency that serves pleadings or orders pursuant to this section may receive the fee authorized therefor by Rule 4 of the Rules of Practice and Procedure for Domestic Violence Civil Proceedings. If service is not made, law enforcement shall continue to attempt service on the respondent until proper service is made.
WV Code § 48-27-702 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-702. Law-Enforcement Officers to Provide Information, Transportation and to Report Suspicions of Animal Cruelty

(a) Any law-enforcement officer responding to an alleged incident of domestic violence shall inform the parties of the availability of the possible remedies provided by this article and the possible applicability of the criminal laws of this state. Any law-enforcement officer investigating an alleged incident of domestic violence shall advise the victim of such violence of the availability of the family protection shelter to which such person may be admitted.(b) If there is reasonable cause to believe that a person is a victim of domestic violence or is likely to be a victim of domestic violence, a law-enforcement officer responding to an alleged incident of domestic violence shall, in addition to providing the information required in subsection (a) of this section, provide transportation for or facilitate transportation of the victim, upon the request of such victim, to a shelter or an appropriate court.(c) Whenever a law-enforcement officer, pursuant to a response to an alleged incident of domestic violence, forms a reasonable suspicion that an animal is a victim of cruel or inhumane treatment, he or she shall report the suspicion and the grounds therefor to the county humane officer within twenty-four hours of the response to the alleged incident of domestic violence.
WV Code § 48-27-801 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-801. Reports of Domestic Violence to State Police

LAW-ENFORCEMENT OFFICERS.§48-27-801. Reports of domestic violence to state police.(a) Each law-enforcement agency shall maintain records on all incidents of domestic violence reported to it and shall monthly make and deliver to the West Virginia state police a report on a form prescribed by the State Police, listing all such incidents of domestic violence. Such reports shall include:(1) The age and sex of the victim and the perpetrator of domestic violence;(2) The relationship between the parties;(3) The type and extent of abuse;(4) The number and type of weapons involved;(5) Whether the law-enforcement agency responded to the complaint and if so, the time involved, the action taken and the time lapse between the agency's action and the victim's request for assistance;(6) Whether any prior reports have been made, received or filed regarding domestic violence on any prior occasion and if so, the number of such prior reports; and(7) The effective dates and terms of any protective order issued prior to or following the incident to protect the victim: Provided, That no information which will permit the identification of the parties involved in any incident of domestic violence shall be included in such report.(b) The West Virginia state police shall tabulate and analyze any statistical data derived from the reports made by law-enforcement agencies pursuant to this section and publish a statistical compilation in its annual uniform crime report, as provided for in section twenty-four, article two, chapter fifteen of this code. The statistical compilation shall include, but is not limited to, the following:(1) The number of domestic violence complaints received;(2) The number of complaints investigated;(3) The number of complaints received from alleged victims of each sex;(4) The average time lapse in responding to such complaints;(5) The number of complaints received from alleged victims who have filed such complaints on prior occasions;(6) The number of aggravated assaults and homicides resulting from such repeat incidents;(7) The type of police action taken in disposition of the cases; and(8) The number of alleged violations of protective orders.
WV Code § 48-27-802 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-802. Maintenance of Registry by State Police

(a) The West Virginia State Police shall maintain a registry in which it shall enter certified copies of protective orders entered by courts from every county in this state pursuant to the provisions of this article and of protection orders issued by a jurisdiction outside of this state pursuant to its law: Provided, That the provisions of this subsection are not effective until a central automated state law-enforcement information system is developed.(b) Effective January 2, 2010, a court which enters a protective order pursuant to this article shall immediately register such order in the domestic violence database established pursuant to the provisions of section twenty-one, article one, chapter fifty-one of this code. A protected individual who obtains a protection order from a jurisdiction outside of this state pursuant to its law or his or her representative as provided in section five, article twenty-eight of this chapter may register that order with the West Virginia Supreme Court of Appeals for entry in the domestic violence database established pursuant to the provisions of section twenty-one, article one, chapter fifty-one of this code.(c) Failure to register an order as provided in this section shall not affect its enforceability in any county or jurisdiction.
WV Code § 48-27-901 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-901. Civil Contempt; Violation of Protective Orders; Order to Show Cause

§48-27-901. Civil contempt; violation of protective orders; order to show cause.(a) Any party to a protective order or a legal guardian or guardian ad litem may file a petition for civil contempt alleging a violation of an order issued pursuant to the provisions of this article. The petition shall be filed in the family court, if a family court entered an order or in the circuit court, if a circuit court entered the order, in the county in which the violation occurred or the county in which the order was issued.(b) When a petition for an order to show cause is filed, a hearing on the petition shall be held within five days from the filing of the petition. Any order to show cause which is issued shall be served upon the alleged violator.(c) Upon a finding of contempt, the court may order the violator to comply with specific provisions of the protective order and post a bond as surety for faithful compliance with the order. The bond may not be a personal recognizance bond and shall be in an amount that does not exceed the ability of the violator to post. The bond may not be waived by a fee waiver pursuant to the provisions of section one, article two, chapter fifty-nine of this code.
WV Code § 48-27-902 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-902. Violations of Protective Orders; Criminal Complaints

(a) Any person authorized to file a petition pursuant to section three hundred five of this article, and any person authorized to file a petition for civil contempt pursuant to section nine hundred one of this article may file a criminal complaint:(1) Against a respondent who knowingly and willfully violates a provision of an emergency or final protective order entered pursuant to:(A) subsection (a) or (b) of section five hundred two of this article;(B) if the court has ordered such relief; subsection (2), (7) or (9) of section five hundred three of this article;(C) subsection (b) or (c) of section five hundred nine, article five of this chapter; or(D) subsection (b) or (c) of section six hundred eight, article five of this chapter;.(2) Against a person who violates a condition of bail, probation or parole which has the express intent or effect of protecting the personal safety of a particular person or persons;(3) Against a respondent who knowingly and willfully violates the terms of a protection order from another jurisdiction that is required to be enforced pursuant to section three, article twenty-eight of this chapter; or(4) Against a person who, in violation of subdivision (3), subsection (a), section seven, article twenty-eight of this chapter, knowingly and willfully violates the terms of 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.(b) If the court finds probable cause upon the complaint, the court shall issue a warrant for the arrest of the person charged.
WV Code § 48-27-903 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 27. Prevention and Treatment of Domestic Violence|§48-27-903. Misdemeanor Offenses for Violation of Protective Order; Repeat Offenses; Penalties

(a) A person is guilty of a misdemeanor if the person knowingly and willfully violates:(1) A provision of an emergency or final protective order entered pursuant to:(A) Subsection (a) or (b), section five hundred two of this article;(B) If the court has ordered such relief; subsection (2), (7), (9) or (14), section five hundred three of this article;(C) Subsection (b) or (c), section five hundred nine, article five of this chapter; or (D) Subsection (b) or (c), section six hundred eight, article five of this chapter;(2) A condition of bail, probation or parole which has the express intent or effect of protecting the personal safety of a particular person or persons; or(3) A restraining order entered pursuant to section nine-a, article two, chapter sixty-one of this code.Upon conviction thereof the person shall be confined in 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) Any person who is convicted of a second offense under subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than three months nor more than one year, which jail term shall include actual confinement of not less than thirty days, and fined not less than $500 nor more than $3,000.(c) A respondent who is convicted of a third or subsequent offense under subsection (a) of this section when the violation occurs within ten years of a prior conviction of this offense is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not less than six months nor more than one year, which jail term shall include actual confinement of not less than six months, and fined not less than $500 nor more than $4,000.