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 149-07 - Protocol for Law Enforcement Response to Stalking › Section 149-7-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Credible
				corroborative evidence" means evidence that is worthy of belief and corresponds
				with the allegations of stalking and one or more elements indicating fear for
				his or her safety or suffering significant emotional distress from the offense
				and may include, but is not limited to, the condition of the victim, the
				accused, and the scene.
3.2.
				"County" means any one of the fifty-five major political subdivisions of the
				state.
3.3. "Dispatcher" means a
				telecommunicator who receives calls from individuals who need assistance from
				firefighters, law enforcement officers, and emergency medical services. Once
				information is obtained from the caller, telecommunicators activate the
				services necessary to respond to the nature of the call for help and maintain
				close contact with field units to monitor response and needed support
				requirements.
3.4. "Bodily injury"
				means substantial physical pain, illness, or any impairment of physical
				condition;
3.5. "Harasses" means
				willful conduct directed at a specific person or persons which would cause a
				reasonable person mental injury or emotional distress.
3.6. "Immediate family" means a spouse,
				parent, stepparent, mother-in-law, father-in-law, stepchild, sibling, or any
				person who regularly resided in the household or within the prior six months
				regularly resided in the household;
3.7. "Repeatedly" means on two or more
				occasions
3.8. "Law enforcement
				agency" means any duly authorized state, county, or municipal organization
				employing one or more persons whose responsibility is the enforcement of laws
				of the state or any county or municipality of this state.
3.9. Law enforcement officer" means any duly
				authorized member of a law enforcement agency who is authorized to maintain
				public peace and order, prevent and detect crime, make arrests and enforce the
				laws of the state or any county or municipality of the state, other than
				parking ordinances, including persons employed as campus police officers at
				state institutions of higher education and those persons employed as rangers by
				the Hatfield-McCoy regional recreational authority. The term "law-enforcement
				officer" does not apply to the chief executive of any West Virginia
				law-enforcement agency or any watchman or special conservation officer.
3.10. "Law enforcement official"
				means the duly appointed chief administrator of a designated law-enforcement
				agency or a duly authorized designee.
3.11. "Municipality" means any incorporated
				village, town or city whose boundaries lie within the geographic boundaries of
				the state.
3.12. "Personal Safety
				Order" under West Virginia Code 53-8-1, et seq, Personal Safety Order Act,
				means an injunction or other order, issued under sexual assault, attempted
				sexual assault, stalking, or similar laws. A personal safety order may include
				any or all of the following relief: order the respondent to refrain from
				committing or threatening to commit an act specified in subsection (a), of West
				Virginia Code 53-8-4 against the petitioner; order the respondent to refrain
				from contacting, attempting to contact or harassing the petitioner directly,
				indirectly, or through third parties regardless of whether those third parties
				know of the order; order the respondent to refrain from entering the residence
				of the petitioner; order the respondent to remain away from the place of
				employment, school or residence of the petitioner; order the respondent not to
				visit, assault, molest, or otherwise interfere with the petitioner and, if the
				petitioner is a child, the petitioner's siblings and minors residing in the
				household of the petitioner; order either party to pay filing fees and costs. A
				personal safety order must be issued by a court; agency or other entity
				authorized by law to issue or modify a personal safety order. Personal Safety
				Orders include out-of-state orders and are entitled to full faith and
				credit.
3.13. "Protective Order"
				under West Virginia Code 48-28-2 Uniform Interstate Enforcement of Domestic
				Violence Protection Orders Act, means an injunction or other order, issued
				under domestic violence, family violence, 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. Protective Orders include
				out-of-state orders and are entitled to full faith and credit.