§48-28-4. Nonjudicial enforcement of order.
(a) A law-enforcement officer of this state, upon determining
that there is probable cause to believe that a valid foreign
protection order exists and that the order has been violated, shall
enforce the order as if it were a West Virginia protective order.
Presentation of a foreign protection 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 foreign protection order exists. For
the purposes of this section, the protection 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 protection order is not
required for enforcement.
(b) If a foreign protection 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 foreign protection order exists.
(c) If a law-enforcement officer of this state determines that
an otherwise valid foreign protection 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.
(d) Registration or filing of an order in this state is not
required for the enforcement of a valid foreign protection order
pursuant to this article.