West Virginia § 48-28B-2 Definitions

West Virginia Statutes

§ 48-28B-2 — Definitions

West Virginia § 48-28B-2

Ch. 48DOMESTIC RELATIONS

Art. 28BUNIFORM RECOGNITION AND ENFORCEMENT OF CANADIAN DOMESTIC VIOLENCE PROTECTIVE ORDERS ACT

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Bluebook

W. Va. Code § 48-28B-2 (2026).

Text

"Canadian domestic violence protective order" means a judgment or part of a judgment or order issued in a civil proceeding by a court of Canada under law of the issuing jurisdiction which relates to domestic violence and prohibits a respondent from:

(1)Being in physical proximity to a protected individual or following a protected individual;

(2)Directly or indirectly contacting or communicating with a protected individual or other individual described in the order;

(3)Being within a certain distance of a specified place or location associated with a protected individual; or

(4)Molesting, annoying, harassing, or engaging in threatening conduct directed at a protected individual. "Domestic violence protective order" means an injunction or other order issued by a court which relates

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"Canadian domestic violence protective order" means a judgment or part of a judgment or order issued in a civil proceeding by a court of Canada under law of the issuing jurisdiction which relates to domestic violence and prohibits a respondent from:

(1) Being in physical proximity to a protected individual or following a protected individual;

(2) Directly or indirectly contacting or communicating with a protected individual or other individual described in the order;

(3) Being within a certain distance of a specified place or location associated with a protected individual; or

(4) Molesting, annoying, harassing, or engaging in threatening conduct directed at a protected individual.

"Domestic violence protective order" means an injunction or other order issued by a court which relates to domestic or family violence laws to prevent an individual from engaging in violent or threatening acts against, harassment of, direct or indirect contact or communication with, or being in physical proximity to another individual.

"Issuing court" means the court that issues a Canadian domestic violence protective order.

"Law-enforcement officer" means an individual authorized by law of this state to enforce a domestic protective order.

"Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

"Protected individual" means an individual protected by a Canadian domestic- violence protective order.

"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Respondent" means an individual against whom a Canadian domestic-violence protective order is issued.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.

"Court" means a court, agency, or other entity authorized by law of this state to establish, enforce, or modify a domestic protective order.