West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-03 - Protocol For Law Enforcement Response to Domestic Violence › Section 149-3-4 - Protective Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A
				protective order is an injunction or other order, issued under domestic
				violence, family violence, anti-stalking, or similar domestic relations laws. A
				protective order is issued to prevent an individual from engaging in violent or
				threatening acts against, harassment of, contact or communication with, or
				physical proximity to a protected individual. A protective order must be issued
				by a court; agency or other entity authorized by law to issue or modify a
				protective order.
4.1.1. Protective orders
				include, but are not limited to, Emergency Protective Orders, Temporary
				Emergency Protective Orders, Domestic Violence Protective Orders, Temporary or
				Final Protective Orders issued as a part of Temporary or Final Divorce Orders,
				or any other terms or orders that have a similar purpose.
4.1.2. Domestic violence protective orders
				are considered criminal in nature. Law enforcement agencies and officers in the
				state of West Virginia are responsible for the service of all orders and
				petitions for protection. Service of protective orders shall be a priority. The
				Law enforcement officer shall immediately, but no longer than 72 hours, make
				every reasonable effort to locate respondent for service of protective orders.
				Service shall be performed on any day including Sundays and holidays. No law
				enforcement officer shall refuse to serve pleadings or orders in domestic
				violence protective order actions.
4.1.2.a.
				When the officer serves the order upon the respondent, the officer shall file
				the return of service within 24 hours to the circuit clerk's office.
4.1.3. When serving the protective
				order, the officer shall inform the respondent that possession of firearms and
				ammunition is prohibited under state and federal law.
4.1.4. The serving officer should inquire of
				the respondent whether the respondent owns or possesses firearms and where the
				firearms and ammunition are located.
4.1.5. The serving officer should inform the
				respondent that failure to surrender or transfer his or her firearms and
				ammunition could result in the accuser's arrest for violation of the court's
				order.
4.1.6 The serving officer
				should inquire of the respondent what the respondent intends to do with his or
				her firearms.
4.1.7. The serving
				officer should request that the respondent surrender all of his or her firearms
				and ammunition to the officer or transfer to a qualified third party (a party
				who is not prohibited from possessing firearms under state and federal
				law).
4.1.8. The serving officer
				should encourage the respondent to make a decision about his or her firearms
				while the officer is present to verify the surrender or transfer.
4.1.9. If the respondent refuses to surrender
				or transfer his or her firearms and ammunition after the serving officer has
				provided a reasonable opportunity to do so, then the serving officer shall
				arrest the respondent for violation of the protective order.