West Virginia Code
Article 27. Prevention and Treatment of Domestic Violence
§48-27-305. Persons Who May File Petition

A petition for a protective order may be filed by:
(1) A person seeking relief under this article for herself or himself
(2) An adult family or household member for the protection of the victim or for any family or household member who is a minor child or physically or mentally incapacitated to the extent that he or she cannot file on his or her own behalf, or
(3) A person who reported or was a witness to domestic violence and who, as a result, has been abused, threatened, harassed or who has been the subject of other actions intended to intimidate the person.

Structure West Virginia Code

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

§48-27-301. Jurisdiction

§48-27-302. Venue

§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

§48-27-402. Proceedings in Magistrate Court When Temporary Divorce, Annulment, Separate Maintenance or Custody Order Is in Effect

§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

§48-27-505. Time Period a Protective Order Is in Effect; Extension of Order; Notice of Order or Extension

§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

§48-27-510. Appeals

§48-27-511. Purging of Domestic Violence Files

§48-27-601. Transmitting Orders to Domestic Violence Database; Affidavit as to Award of Possession of Real Property; Service of Order on Respondent

§48-27-701. Service of Pleadings and Orders by Law-Enforcement Officers

§48-27-702. Law-Enforcement Officers to Provide Information, Transportation and to Report Suspicions of Animal Cruelty

§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

§48-27-1004. Immunity

§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

§48-27-1104. Judicial Education on Domestic Violence

§48-27-1105. Rule for Time-Keeping Requirements