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Home » US Law » 2022 West Virginia Code » Chapter 48. Domestic Relations » Article 28. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act

§48-28-1. Title

This article may be cited as the "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 […]

§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.

§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 […]

§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 […]

§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 […]

§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 […]

§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 […]

§48-28-8. Other Remedies

A protected individual who pursues remedies under this article is not precluded from pursuing other legal or equitable remedies against the respondent.