West Virginia Code § 48-27-601

Transmitting orders to domestic violence database; affidavit as to
Open in Lexace · Ask the AI about this section
award of possession of real property; service of order on respondent.
(a) Upon entry of an order pursuant to section 27-403 or part 27-501, et seq., or an order
entered pursuant to part 5-501, et seq., granting relief provided for by this aerticle, a copy of
the order shall be immediately transmitted electronically by the court or the clerk of the
court to the domestic violence database established pursuant to the prorvisions of section
twenty-one, article one, chapter fifty-one of this code. No later than the close of the next
business day the court or the clerk of the court shall transmit the order to a local office of
the municipal police, the county sheriff and the West Virginia State Police for service upon
the respondent named in the order. The law-enforcement agtency or agencies to which a
copy of the order is supplied are not required to maintain a copy of the order after the
respondent is served.
(b) A sworn affidavit may be executed by a party who has been awarded exclusive possession
of the residence or household, pursuant to an sorder entered pursuant to section 27-503, and
shall be delivered to law-enforcement agencies simultaneously with any order giving the
party's consent for a law-enforcement officer to enter the residence or household, without a
warrant, to enforce the protective order or temporary order.
(c) Orders shall be promptly seerved upon the respondent. Failure to serve a protective order
on the respondent does not stay the effect of a valid order if the respondent has actual notice
of the existence and conLtents of the order.
(d) Any law-enforcement agency in this state in possession of or with notice of the existence
of an order issued pursuant to the provisions of sections 27-403 or 27-501 of this article or
the provisions of section 5-509 of this chapter which is in effect or has been expired for
thirty days or less that receives a report that a person protected by an order has been
repWorted to be missing shall immediately follow its procedures for investigating missing
persons. No agency or department policy delaying the beginning of an investigation has any
force or effect.
(e) The provisions of subsection (d) of this section shall be applied where a report of a
missing person is made which is accompanied by a sworn affidavit that the person alleged to
be missing was, at the time of his or her alleged disappearance, being subjected to
treatment which meets the definition of domestic battery or assault set forth in section
twenty-eight, article two, chapter sixty-one of this code.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.