WVC 48 - 27 -1003
§48-27-1003. Nonjudicial enforcement of order.
(a) A law-enforcement officer of this state, upon determining
that there is probable cause to believe that a valid protective
order exists and that the order has been violated, shall enforce
the order pursuant to any authority to arrest under the code.
Presentation of a protective 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 protective order exists. For the
purposes of this section, the protective 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 protective order is not required for
(b) If a protective 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
protective order exists.
(c) If a law-enforcement officer of this state determines that
an otherwise valid protective 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.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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