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Legal Information: West Virginia

Restraining Orders

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Laws current as of April 1, 2024

I have a domestic violence protective order that was issued in Canada. Can my order be enforced against the abuser in West Virginia?

A law enforcement officer in West Virginia who reasonably believes that you have a valid Canadian domestic violence protective order that is being violated is required to enforce your order in the same way as if it were a West Virginia protective order.1 If you have a copy of the valid Canadian order that identifies you and the abuser and you show it to the officer, that is enough to require the officer to enforce the order.2 It is not a requirement that you show a copy of the order for it to be enforced, however. The officer may also use other information to determine whether a valid order exists.3

1 W. Va. Code § 48-28B-3(a)
2 W. Va. Code § 48-28B-3(b)
3 W. Va. Code § 48-28B-3(c)
 

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