§ 48-28B-5 — Registration of a Canadian Domestic Violence Protective Order

West Virginia § 48-28B-5

• Jurisdiction: West Virginia
• Ch. 48: DOMESTIC RELATIONS
• Art. 28B: UNIFORM RECOGNITION AND ENFORCEMENT OF CANADIAN DOMESTIC VIOLENCE PROTECTIVE ORDERS ACT

Text

(a) Any individual may register a Canadian domestic violence protective order in this State by presenting a certified copy of the order to the West Virginia Supreme Court of Appeals for registration in accordance with §48-27-802 of this code.

(b) An individual registering a Canadian domestic violence protective order shall file an affidavit by the protected individual stating that, to the best of the protected individual’s knowledge, the order is currently in effect.

(c) Upon receipt of a Canadian domestic violence protective order for registration, the West Virginia Supreme Court of Appeals shall:

(1) Register the order in accordance with §48-27-802 of this code; and

(2) Furnish to the individual registering the order a copy of the proof of registration of the order.

(d) A registered Canadian domestic violence protective order that is shown to be inaccurate or not currently in effect shall be corrected or removed from the registry.

(e) A Canadian domestic violence protective order registered under this article may be entered in any existing state or federal registry of protection orders in accordance with applicable law.

(f) A fee may not be charged for the registration of a Canadian domestic violence protective order.

Legislative History

2024 Reg. Sess., HB4252