ENROLLED
Senate Bill No. 481
(By Senators Kessler, Dempsey, Fanning, Foster, Hunter, Minard, Oliverio, White, Caruth, Deem, Harrison, Lanham and Weeks)
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[Passed March 8, 2006; in effect from passage.]
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AN ACT to amend and reenact §48-27-311 of the Code of West Virginia, 1931, as amended, relating to domestic violence protective orders served on persons out-of-state having the same force and effect as those served in-state.

Be it enacted by the Legislature of West Virginia:

That §48-27-311 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.

§48-27-311. Service of process.

A protective order may be served on the respondent by means of a Class I legal advertisement published notice, with the publication area being the county in which the respondent resides, published in accordance with the provisions of section two, article three, chapter fifty-nine of this code if: (1) The petitioner files an affidavit with the court stating that an attempt at personal service pursuant to Rule 4 of the West Virginia Rules of Civil Procedure has been unsuccessful or evidence is adduced at the hearing for the protective order that the respondent has left the state of West Virginia; and (2) a copy of the order is mailed by certified or registered mail to the respondent at the respondent's last known residence and returned undelivered.

Any protective order issued by the court of this state which is served in compliance with the provisions of Rule 4(f) of the West Virginia Rules of Civil Procedure served outside the boundaries of this state shall carry the same force and effect as if it had been personally served within this state's boundaries.