(a) A law-enforcement officer of this state, upon determining that there is probable cause to believe that a valid protective order exists and that the order has been violated, shall enforce the order pursuant to any authority to arrest under the code. Presentation of a protective order that identifies both the protected individual and the respondent and that appears, on its face, to be authentic and currently in effect constitutes probable cause to believe that a valid protective order exists. For the purposes of this section, the protective order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protective order is not required for enforcement.
(b) If a protective order is not presented, a law-enforcement officer of this state may consider other credible information in determining whether there is probable cause to believe that a valid protective order exists.
(c) If a law-enforcement officer of this state determines that an otherwise valid protective order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
Structure West Virginia Code
Chapter 48. Domestic Relations
Article 27. Prevention and Treatment of Domestic Violence
§48-27-101. Findings and Purposes
§48-27-201. Applicability of Definitions
§48-27-202. Domestic Violence Defined
§48-27-203. Emergency Hearing Defined
§48-27-204. Family or Household Members Defined
§48-27-205. Final Hearing Defined
§48-27-206. Law-Enforcement Agency Defined
§48-27-207. Program for Victims of Domestic Violence Defined
§48-27-208. Program of Intervention for Perpetrators Defined
§48-27-209. Protective Order Defined
§48-27-303. Effect of Petitioner Leaving Residence
§48-27-304. Commencement of Proceeding
§48-27-305. Persons Who May File Petition
§48-27-306. Counterclaim or Affirmative Defenses
§48-27-307. Persons Accompanying Petitioner
§48-27-308. Charges for Fees and Costs Postponed
§48-27-309. Priority of Petitions
§48-27-310. Full Faith and Credit
§48-27-311. Service of Process
§48-27-312. Production of Documents Pursuant to a Subpoena Duces Tecum
§48-27-401. Interaction Between Domestic Proceedings
§48-27-403. Emergency Protective Orders of Court; Hearings; Persons Present
§48-27-501. Issuance of Protective Order; Modification of Order
§48-27-502. Mandatory Provisions in Protective Order
§48-27-503. Permissive Provisions in Protective Order
§48-27-504. Provisions in Protective Order for Person Witnessing or Reporting Domestic Violence
§48-27-506. Effect of Protective Order on Real and Personal Property
§48-27-507. Mutual Protective Orders Prohibited
§48-27-508. Costs to Be Paid to Family Court Fund
§48-27-509. Conditions of Visitation in Cases Involving Domestic Violence
§48-27-511. Purging of Domestic Violence Files
§48-27-701. Service of Pleadings and Orders by Law-Enforcement Officers
§48-27-801. Reports of Domestic Violence to State Police
§48-27-802. Maintenance of Registry by State Police
§48-27-901. Civil Contempt; Violation of Protective Orders; Order to Show Cause
§48-27-902. Violations of Protective Orders; Criminal Complaints
§48-27-903. Misdemeanor Offenses for Violation of Protective Order; Repeat Offenses; Penalties
§48-27-1001. Arrest for Violations of Protective Orders
§48-27-1002. Arrest in Domestic Violence Matters; Conditions
§48-27-1003. Nonjudicial Enforcement of Order
§48-27-1101. Rules of Practice and Procedure; Forms to Be Provided; Operative Date
§48-27-1102. Authorization for the Promulgation of Legislative Rules
§48-27-1103. Training of Law-Enforcement Officers in Domestic Violence