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2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 28A. Address Confidentiality Program › §48-28A-105. Use of Designated Address

(a) Upon demonstration of a program participant's certification in the program, state and local agencies and the courts of this state shall accept the designated address as a program participant's address for the purposes of creating a new public record unless the Secretary of State has determined that:
(1) The agency or court has a bona fide statutory or administrative requirement for the use of the program participant's residential or mailing address, such that the agency or court is unable to fulfill its statutory duties and obligations without the program participant's residential or mailing address; and
(2) The program participant's residential or mailing address will be used only for those statutory and administrative purposes, and shall be kept confidential, subject to the confidentiality provisions of section one hundred eight of this article.
(b) Notwithstanding the provisions of subsection (a) and upon the request of the Secretary of State, the Division of Motor Vehicles shall use the designated address for the purposes of issuing a driver's license or identification card: Provided, That the Division of Motor Vehicles shall not be prohibited from collecting and retaining a program participant's residential or mailing address or both addresses to be used only for statutory and administrative purposes. Any residential or mailing address of a program participant collected and retained pursuant to this subsection shall be kept confidential, subject to the provisions of section one hundred eight of this article.
(c) A designated address may be a post office box and may be used by a participant for voter registration purposes, as long as the Secretary of State has on file for the participant a residential and mailing address, as provided in section one hundred three of this article.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 28A. Address Confidentiality Program › §48-28A-106. Disclosure to Law Enforcement and State Agencies

(a) The Secretary of State may make a program participant's residential or mailing address available for inspection or copying, under the following circumstances:
(1) Upon request of a law enforcement agency in the manner provided for by rule; or
(2) Upon request of the head of a state agency or designee in the manner provided for by rule and upon a showing of a bona fide statutory or administrative requirement for the use of the program participant's residential or mailing address, such that the agency head or designee is unable to fulfill statutory duties and obligations without the program participant's residential or mailing address.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 28A. Address Confidentiality Program › §48-28A-107. Disclosure Pursuant to Court Order or Canceled Certification

(a) The Secretary of State shall make a program participant's residential or mailing address or both addresses available for inspection or copying to a person identified in a court order, upon receipt of a certified court order that specifically requires the disclosure of a particular program participant's residential or mailing address or both addresses and the reasons for the disclosure; or
(b) The Secretary of State may make a program participant's residential or mailing address both addresses available for inspection or copying if the program applicant or participant's certification has been canceled because the applicant or program participant has violated subsection (f), section one hundred three of this article.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 28A. Address Confidentiality Program › §48-28A-108. Confidentiality

A program participant's application and supporting materials are not a public record and shall be kept confidential by the Secretary of State. Any employee of any agency or court who willfully breaches the confidentiality of these records or willfully discloses the name, residential or mailing address both addresses of a program participant in violation of the provisions of this article, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 or confined in jail not more than one year, or both fined and confined.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 29. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-29-101. Emancipation From All Disabilities Under Common Law

DISABILITIES AND INCAPACITIES.
§48-29-101. Emancipation from all disabilities under common law.
All married women, including married women who are not residents of this state to the extent that they are affected by the laws of this state, are fully emancipated from all the disabilities and relieved from all the incapacities to which they were formerly subject under common law.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 29. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-29-102. Emancipation From All Disabilities to Contract

All married women, including married women who are not residents of this state to the extent that they are affected by the laws of this state, may make contracts of any kind and assume or stipulate for obligations of any kind, in any form or manner permitted under this code. In no case may any act, contract or obligation of a married woman require, for its validity or effectiveness, the authority of her husband or of a judge.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 29. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-29-103. Emancipation From All Disabilities as to Personal or Real Property

All married women, including married women who are not residents of this state to the extent that they are affected by the laws of this state, may own in their own right, real and personal property, acquired by descent, gift or purchase and may manage, sell, convey or dispose of any real or personal property to the same extent and in the same manner a married man can property belonging to him
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 29. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-29-105. Emancipation From Liability for Torts or Contracts of Spouse

No married person, including married persons who are not residents of this state to the extent that they are affected by the laws of this state, is liable for the contracts or torts of his or her spouse.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 29. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-29-201. Burden of Proof

§48-29-201. Burden of proof.
The burden of proof in any proceeding questioning the validity or lawfulness of any conveyance or transfer of property or any interest in property from one spouse to the other spouse by the spouse making the conveyance or transfer, or his or her heir, devisee or creditor is on the spouse in whose favor the conveyance or transfer was made.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 29. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-29-202. Presumption of Gift in Certain Transactions Between Husband and Wife

Where one spouse purchases real or personal property and pays for the real or personal property, but takes title in the name of the other spouse, the transaction, in the absence of evidence of a contrary intention, is presumed to be a gift by the spouse so purchasing to the spouse in whose name the title is taken: Provided, That in the case of an action under the provisions of article seven of this chapter wherein the court is required to determine what property of the parties constitutes marital property and equitably divide the same, the presumption created by this section does not apply, and a gift between spouses must be affirmatively proved.