§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. […]
§48-27-403. Emergency Protective Orders of Court; Hearings; Persons Present
(a) Upon the filing of a verified petition under this article, the magistrate court may enter an emergency protective order as it may determine necessary to protect the petitioner or minor children from domestic violence and, upon good cause shown, may do so ex parte without the necessity of bond being given by the petitioner. […]
§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 […]
§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 […]
§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;
§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;
§48-27-505. Time Period a Protective Order Is in Effect; Extension of Order; Notice of Order or Extension
(a) Except as otherwise provided in subsection (d), section four hundred one of this article, a protective order, entered by the family court pursuant to this article, is effective for either ninety days or one hundred eighty days, in the discretion of the court. Upon receipt of a written request for renewal from the petitioner […]
§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 […]
§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 […]
§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 […]