West Virginia § 48-28B-3 Enforcement of Canadian Domestic Violence Protective Order by Law Enforcement Officer

West Virginia Statutes

§ 48-28B-3 — Enforcement of Canadian Domestic Violence Protective Order by Law Enforcement Officer

West Virginia § 48-28B-3

Ch. 48DOMESTIC RELATIONS

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

This text of West Virginia § 48-28B-3 (Enforcement of Canadian Domestic Violence Protective Order by Law Enforcement Officer) 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 § 48-28B-3 (2026).

Text

(a)If a law-enforcement officer determines under subsection (b) or (c) of this section that there is probable cause to believe a valid Canadian domestic violence protective order exists and the order has been violated, the officer shall enforce the terms of the Canadian domestic violence protective order as if the terms were in an order of a court. Presentation to a law-enforcement officer of a certified copy of a Canadian domestic violence protective order is not required for enforcement.

(b)Presentation to a law-enforcement officer of a record of a Canadian domestic violence protective order that identifies both a protected individual and a respondent and on its face is in effect constitutes probable cause to believe that a valid order exists.

(c)If a record of a Canadian domestic

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(a) If a law-enforcement officer determines under subsection (b) or (c) of this section that there is probable cause to believe a valid Canadian domestic violence protective order exists and the order has been violated, the officer shall enforce the terms of the Canadian domestic violence protective order as if the terms were in an order of a court. Presentation to a law-enforcement officer of a certified copy of a Canadian domestic violence protective order is not required for enforcement.

(b) Presentation to a law-enforcement officer of a record of a Canadian domestic violence protective order that identifies both a protected individual and a respondent and on its face is in effect constitutes probable cause to believe that a valid order exists.

(c) If a record of a Canadian domestic violence protective order is not presented as provided in subsection (b) of this section, a law-enforcement officer may consider other information in determining whether there is probable cause to believe that a valid Canadian domestic-violence protective order exists.

(d) If a law enforcement officer determines that an otherwise valid Canadian domestic violence protective order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall notify the protected individual that the officer will make reasonable efforts to contact the respondent, consistent with the safety of the protected individual. After notice to the protected individual and consistent with the safety of the individual, the officer shall make a reasonable effort to inform the respondent of the order, notify the respondent of the terms of the order, provide a record of the order, if available, to the respondent, and allow the respondent a reasonable opportunity to comply with the order before the officer enforces the order.

(e) If a law enforcement officer determines that an individual is a protected individual, the officer shall inform the individual of available local victim services.