reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-211. Licenses Defined

(a) "Conditional license" means a license issued for up to ninety days, to programs that have violations of safety or accountability standards that may threaten the health, well-being or safety of its program participants or staff, or the responsible operation of the program, or that have a history or pattern of noncompliance with established standards.
(b) "Provisional license" means a license issued for up to one hundred and eighty days, to programs that are not in compliance with nonlife threatening safety, programmatic, facility or administrative standards, that may be extended for an additional six months, if the board determines that the program is making active progress toward compliance.
(c) "Full license" means a license issued for up to the maximum licensure period of three years, to programs that are in compliance with the standards established by the board and have no violations of safety or accountability standards that may threaten the health, well-being or safety of its program participants or staff, or the responsible operation of the program.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-212. Monitored Parenting and Exchange Defined

(a) "Monitored parenting" means the contact between a parent without custodial responsibility, guardian or other adult and one or more children, in the presence of a third person who monitors the contact to promote the safety of the participants.
(b) "Monitored exchange" means the observation of movement of a child or children from the custodial responsibility of one parent or guardian to the custodial responsibility of the other parent or other adult without allowing contact between the adults.
(c) "Monitored parenting and exchange program" means a licensed program offered by a locally controlled nonprofit organization for purposes of providing a neutral, safe and child-friendly environment to allow the child or children access to a parent or other adult without allowing contact between the adults.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-301. Family Protection Services Board Continued; Terms

§48-26-301. Family protection services board continued; terms.
(a) The family protection services board, is continued.
(b) Membership of the board is comprised of seven persons. The Governor, with the advice and consent of the Senate, shall appoint five members of the board who meet the following qualifications:
(1) One member must be a director of a licensed domestic violence program;
(2) One member must be a representative of the West Virginia Coalition Against Domestic Violence;
(3) One member must be a representative of a batterer intervention and prevention program licensed by the board;
(4) One member must be a representative of the West Virginia Supreme Court of Appeals who is familiar with monitored parenting and exchange program services; and
(5) One member must be a citizen who is a resident of this state and who is not employed by, under contract with or a volunteer for a program licensed by the board, and who is knowledgeable about services for victims and survivors of domestic violence;
(c) The secretary of the Department of Health and Human Resources, or his or her designee, and the chair of the Governor's Committee on Crime, Delinquency and Correction, or his or her designee shall serve as ex officio voting members.
(d) The terms of the five members appointed by the Governor are for three years, staggered in accordance with prior enactments of this act.
(e) No person who is employed by, under contract with or volunteers for an organization that is licensed to operate any program under the provisions of this article may serve on the board at the same time as another person who is employed by, under contract with or volunteers for that organization.
(f) If a member resigns or is unable to complete his or her term or ceases to be qualified, the Governor shall appoint within ninety days a person who meets the qualifications of this section to serve the remainder of the unexpired term.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-401. Powers and Duties of Board

§48-26-401. Powers and duties of board.
(a) The board shall:
(1) Propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article and any applicable federal guidelines;
(2) Receive and consider applications for licensure of domestic violence programs, batterer intervention and prevention programs and monitored parenting and exchange programs;
(3) Assess the need for domestic violence programs, batterer intervention and prevention programs and monitored parenting and exchange programs, including licensure preapplication and application processes;
(4) Conduct licensure renewal reviews of domestic violence programs, batterer intervention and prevention programs and monitored parenting and exchange programs, that will ensure the safety, well-being and health of the programs' participants and staff;
(5) For each fiscal year, expend from the Family Protection Fund a sum not to exceed fifteen percent for the costs of administering the provisions of this article, and direct the Department of Health and Human Resources to distribute one half of the remaining funds equally and the other half of the remaining funds in accordance with a formula determined by the board, to licensed domestic violence programs;
(6) Submit an annual report on the status of programs licensed under the provisions of this article to the Governor and the Joint Committee on Government and Finance;
(7) Conduct hearings as necessary under this article; and
(8) Collect data about licensed programs for use in the annual report of the board.
(b) The board may:
(1) Advise the Secretary of the Department of Health and Human Resources and the Chair of the Governor's Committee on Crime, Delinquency and Correction on matters of concern relative to their responsibilities under this article;
(2) Delegate to the Secretary of the Department of Health and Human Resources such powers and duties of the board as the board considers appropriate to delegate, including, but not limited to, the authority to approve, disapprove, revoke or suspend licenses;
(3) Advise administrators of state or federal funds of licensure violations and closures of programs; and
(4) Exercise all other powers necessary to implement the provisions of this article.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-403. Legislative Rules

(a) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate the provisions of this article.
(b) The rules shall include, at a minimum:
(1) Operating procedures of the board;
(2) Minimum standards, including, but not limited to, governance, administration, safety, referral process, intake, services, financial accountability, staffing, personnel policies, communication, program participant records, service plans, confidentiality, program evaluation, facility requirements, reports, restrictions, and other requirements in this article, for licensure of:
(A) Domestic violence programs, including requirements for both shelter and outreach components;
(B) Community-based, local government and Division of Corrections batterer intervention and prevention programs; and
(C) Monitored parenting and exchange programs; and
(3) A licensure checklist to determine the ability of applicants and licensees to meet licensure standards, to determine eligibility for a full license, provisional license, conditional license or no license.
(c) The rules in effect as of the effective date of the reenactment of this section will remain in effect until modified, amended or repealed provided that they are not inconsistent with this article.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-406. Closure of Programs

(a) The board may close any program that violates the standards established under this article or that threatens the health, well-being or safety of its participants or staff: Provided, That if a shelter is closed, the governing body of the program, in conjunction with the board, shall establish a plan to place the participants in other shelters or alternative housing.
(b) In order to close a domestic violence program or one of its components, a batterer intervention and prevention program or a monitored parenting and exchange program, the board must vote unanimously in the affirmative.
(c) If either the shelter component or the outreach component of a domestic violence program is closed, the remaining component of the program may continue to be licensed and to receive funds.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-407. Domestic Violence Shelters Not in Violation of Zoning Rules and Resolutions as to Use

Domestic violence shelters established pursuant to section four hundred two of this article, called the domestic violence act, shall not be subject to the enforcement of municipal zoning ordinances on the basis of being in noncompliance or variance with a particular use district: Provided, That as to all other provisions of those ordinances, the ordinances will control.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-408. Hearing Procedures; Judicial Review

(a) When a license for a program is downgraded or discontinued through permanent or temporary closure, the program's governing body is entitled to a hearing before the board.
(b) Hearings shall be held in accordance with the provisions of article five, chapter twenty-nine-a of this code.
(c) The board may conduct the hearing or elect to have a hearing examiner or an administrative law judge conduct the hearing. If the hearing is conducted by a hearing examiner or an administrative law judge:
(1) The hearing examiner or administrative law judge shall be licensed to practice law in this state and shall conform to the Code of Conduct for Administrative Law Judges as set forth by the Ethics Commission in legislative rule;
(2) At the conclusion of a hearing, the hearing examiner or administrative law judge shall prepare a proposed written order containing recommended findings of fact and conclusions of law and may include recommended sanctions, including closure, if the board so directs;
(3) The board may accept, reject, modify or amend the recommendations of the hearing examiner or administrative law judge; and
(4) If the board rejects, modifies or amends the recommendations, the board shall state in the order a reasoned, articulate justification based on the record for the rejection, modification or amendment.
(d) Pursuant to the provisions of section one, article five, chapter twenty-nine-a of this code, informal disposition may also be made by the board by stipulation, agreed settlement, consent order or default. Further, the board may suspend its decision and place a license on conditional or provisional status.
(e) A licensee adversely affected by a decision of the board entered after a hearing may seek an appeal to the Circuit Court, in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code, and may appeal a decision of the Circuit Court to the West Virginia Supreme Court of Appeals, in accordance with the provisions of article six, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-501. Development of State Public Health Plan for Reducing Domestic Violence

§48-26-501. Development of state public health plan for reducing domestic violence.
(a) The Bureau for Public Health of the Department of Health and Human Resources, in consultation with the family protection services board, shall:
(1) Assess the impact of domestic violence on public health; and
(2) Develop a state public health plan for reducing the incidence of domestic violence in this state.
(b) The state public health plan shall:
(1) Include, but not be limited to, public education, including the use of the various communication media to set forth the public health perspective on domestic violence;
(2) Be developed in consultation with public and private agencies that provide programs for victims of domestic violence, advocates for victims, organizations representing the interests of shelters, and persons who have demonstrated expertise and experience in providing health care to victims of domestic violence and their children; and
(3) Be completed on or before January 1, 2000.
(c) The Bureau for Public Health of the Department of Health and Human Resources shall:
(1) Transmit a copy of the state public health plan to the Governor and the Legislature; and
(2) Review and update the state public health plan annually.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-502. Notice of Victims' Rights, Remedies and Available Services; Required Information

(a) The Bureau for Public Health of the Department of Health and Human Resources shall make available to health care facilities and practitioners a written form notice of the rights of victims and the remedies and services available to victims of domestic violence.
(b) A health care practitioner whose patient has injuries or conditions consistent with domestic violence shall provide to the patient, and every health care facility shall make available to all patients, a written form notice of the rights of victims and the remedies and services available to victims of domestic violence.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-503. Standards, Procedures and Curricula

(a) The Bureau for Public Health of the Department of Health and Human Resources shall publish model standards, including specialized procedures and curricula, concerning domestic violence for health care facilities, practitioners and personnel.
(b) The procedures and curricula shall be developed in consultation with public and private agencies that provide programs for victims of domestic violence, advocates for victims, organizations representing the interests of shelters and personnel who have demonstrated expertise and experience in providing health care to victims of domestic violence and their children.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-603. Domestic Violence Legal Services Fund

§48-26-603. Domestic Violence Legal Services Fund.
(a) There is continued in the State Treasury a special revenue account, designated as the "Domestic Violence Legal Services Fund," that shall be an appropriated fund for receipt of grants, gifts, fees, or federal or state funds designated for legal services for domestic violence victims. Expenditures from the fund shall be limited to attorneys employed or contracted by licensed domestic violence programs, or employed or contracted by West Virginia's federally designated legal services program, its successor organization or other nonprofit organization as determined by the department, that establish a collaborative relationship with a licensed domestic violence program, to provide civil legal services to victims of domestic violence.
(b) Any court of this state may order a nonprevailing party to pay an amount equivalent to the reasonable attorney's fee to which the prevailing litigant would be entitled into the Domestic Violence Legal Services Fund, established in subsection (a) of this section, if the following circumstances occur:
(1) A prevailing litigant is entitled by statute or common law to a reasonable attorney's fee, and
(2) The prevailing litigant's legal counsel informs the court that no fee will be requested.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-801. Continuing Education for Certain State Employees

§48-26-801. Continuing education for certain state employees.
(a)(1) Subject to the provisions of subdivision (2) of this subsection, the Department of Health and Human Resources shall provide or require continuing education concerning domestic violence for child protective services workers, adult protective services workers, social services workers, family support workers and workers in the Bureau for Child Support enforcement.
(2) Funding for the continuing education provided or required under subdivision (1) of this section may not exceed the amounts allocated for that purpose by the spending unit from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.
(b) The courses or requirements shall be prepared and presented in consultation with public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators, advocates for victims, organizations representing the interests of shelters and the family protection services board.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-802. Continuing Education for Law-Enforcement Officers Concerning Domestic Violence

(a)(1) Subject to the provisions of subdivision (2) of this subsection, as a part of the initial law-enforcement officer training required before a person may be employed as a law-enforcement officer pursuant to article twenty-nine, chapter thirty of this code, all law-enforcement officers shall receive training concerning domestic violence.
(2) Funding for the training required under subdivision (1) of this section may not exceed the amounts allocated by the spending unit for that purpose from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.
(b) The course of instruction and the objectives in learning and performance for the education of law-enforcement officers required pursuant to this section shall be developed and presented in consultation with public and private providers of programs for victims of domestic violence and programs of intervention for perpetrators, persons who have demonstrated expertise in training and education concerning domestic violence and organizations representing the interests of shelters.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-803. Judicial Education on Domestic Violence

(a)(1) Subject to the provisions of subdivision (2) of this subsection, as a part of existing training for court personnel, the Supreme Court of Appeals shall develop and present courses of continuing education concerning domestic violence for magistrates assistants, and juvenile and adult probation officers.
(2) Funding for the continuing education required under subdivision (1) of this section may not exceed the amounts allocated for that purpose by the Supreme Court of Appeals from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.
(b) The course of instruction shall be prepared and may be presented in consultation with public and private agencies that provide programs for victims of domestic violence and programs of intervention for perpetrators, advocates for victims, persons who have demonstrated expertise in training and education concerning domestic violence, organizations representing the interests of shelters and the family protection services board.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-804. Required Curricula for Public Education System

(a)(1) Subject to the provisions of subdivision (2) of this subsection, the state Board of Education shall select or develop:
(A) Curricula that are appropriate for various ages for pupils concerning the dynamics of violence, prevention of violence, including domestic violence; and
(B) Curricula for school counselors, health care personnel, administrators and teachers concerning domestic violence.
(2) Funding for selecting or developing the curricula required under subdivision (1) of this section may not exceed the amounts allocated for that purpose by the spending unit from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.
(b) The curricula shall be selected or developed by the state Board of Education in consultation with public and private agencies that provide programs for conflict resolution, violence prevention, victims of domestic violence and programs of intervention for perpetrators of domestic violence, advocates for victims, organizations representing the interests of shelters, persons who have demonstrated expertise and experience in education and domestic violence and the family protection services board.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-805. Continuing Education for School Personnel Who Are Required to Report Child Abuse and Neglect

(a)(1) Subject to the provisions of subdivision (2) of this subsection, the state Department of Education shall provide or require courses of continuing education concerning domestic violence for employees who are required by law to report child abuse or neglect.
(2) Funding for the continuing education provided or required under subdivision (1) of this section may not exceed the amounts allocated for that purpose by the spending unit from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.
(b) The courses or requirements shall be prepared and presented in consultation with public and private agencies that provide programs for victims of domestic violence, persons who have demonstrated expertise in education and domestic violence, advocates for victims, organizations representing the interests of shelters and the family protection services board.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 26. Domestic Violence Act › §48-26-1001. Court Orders; Use of Monitored Parenting and Exchange Programs Without Court Order

§48-26-1001. Court orders; use of monitored parenting and exchange programs without court order.
(a) Judges and magistrates may order persons to apply to a licensed monitored parenting and exchange program for monitored parenting or monitored exchange of children: Provided, That a licensed monitored parenting and exchange program may not be required to perform duties that are beyond the program's capacity or scope of services.
(b) Judges and magistrates may require a person to pay a reasonable amount based on ability to pay and other relevant criteria for any fee charged by a monitored parenting and exchange program.
(c) Licensed monitored parenting and exchange programs may receive referrals from judges, magistrates, child protective services, attorneys and other agencies, for services under the terms and conditions of those services as set forth in rules promulgated by the board.
(d) Licensed monitored parenting and exchange programs may serve self-referrals when the adult parties agree to the use of the program.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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".
2023 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.
2023 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.
2023 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.