West Virginia § 48-27-902 Violations of protective orders; criminal complaints

West Virginia Statutes

§ 48-27-902 — Violations of protective orders; criminal complaints

West Virginia § 48-27-902

Ch. 48DOMESTIC RELATIONS

Art. 27PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE

This text of West Virginia § 48-27-902 (Violations of protective orders; criminal complaints) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 48-27-902 (2026).

Text

(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

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(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.

Legislative History

2009 Reg. Sess., HB2739; 2007 Reg. Sess., SB205; 2005 Reg. Sess., HB3178; 2004 Reg. Sess., HB4605; 2001 Reg. Sess., HB2199; 2001 Reg. Sess., SB652; 2001 Reg. Sess., SB704