(a) Any person authorized to file a petition pursuant to section three hundred five of this article, and any person authorized to file a petition for civil contempt pursuant to section nine hundred one of this article may file a criminal complaint:
(1) Against a respondent who knowingly and willfully violates a provision of an emergency or final protective order entered pursuant to:
(A) subsection (a) or (b) of section five hundred two of this article;
(B) if the court has ordered such relief; subsection (2), (7) or (9) of section five hundred three of this article;
(C) subsection (b) or (c) of section five hundred nine, article five of this chapter; or
(D) subsection (b) or (c) of section six hundred eight, article five of this chapter;.
(2) Against a person who violates a condition of bail, probation or parole which has the express intent or effect of protecting the personal safety of a particular person or persons;
(3) Against a respondent who knowingly and willfully violates the terms of a protection order from another jurisdiction that is required to be enforced pursuant to section three, article twenty-eight of this chapter; or
(4) Against a person who, in violation of subdivision (3), subsection (a), section seven, article twenty-eight of this chapter, knowingly and willfully violates the terms of a condition of bail, probation or parole imposed in another state which has the express intent or effect of protecting the personal safety of a particular person or persons.
(b) If the court finds probable cause upon the complaint, the court shall issue a warrant for the arrest of the person charged.
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