WVC 48 - 28 - 7
§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 divorce action which enjoins the offending party
from molesting or interfering with another party or interfering
with the custodial or visitation rights of another person; or (3)
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 is guilty of a misdemeanor
and, upon conviction thereof, shall be confined in the county or
regional jail for a period of not less than one day nor more than
one year, which jail term shall include actual confinement of not
less than twenty-four hours, and shall be fined not less than two
hundred fifty dollars nor more than two thousand dollars.
(b) A respondent who is convicted of a second or subsequent
offense under subsection (a) of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in the
county or regional jail for not less than three months nor more
than one year, which jail term shall include actual confinement of
not less than twenty-four hours, and fined not less than five
hundred dollars nor more than three thousand dollars.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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