Full Statute Name:  West's Annotated Code of West Virginia. Chapter 48. Domestic Relations. Article 27. Prevention and Treatment of Domestic Violence. Part 5. Protective Orders; Visitation Orders. § 48-27-503. Permissive provisions in protective order and Part 7. Law Enforcement Response to Domestic Violence § 48-27-702. Law-enforcement officers to provide information, transportation and to report suspicions of animal cruelty

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Primary Citation:  W. Va. Code, §§ 48-27-503; 48-27-702 Country of Origin:  United States Last Checked:  August, 2014 Alternate Citation:  WV ST §§ 48-27-503; 48-27-702 Date Adopted:  2001
Summary:

In West Virginia, the terms of a protective order may include awarding the petitioner the exclusive care, possession, or control of any animal owned, possessed, leased, kept or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and prohibiting the respondent from taking, concealing, molesting, physically injuring, killing or otherwise disposing of the animal and limiting or precluding contact by the respondent with the animal. Furthermore, West Virginia mandates that law enforcement officers who suspect animal cruelty during an alleged incident of domestic violence must report that suspicion and the grounds therefor to the county humane officer within twenty-four hours of the response to the alleged incident of domestic violence.

Statute Text: 

 

§ 48-27-503. Permissive provisions in protective order

The terms of a protective order may include:

(1) Granting possession to the petitioner of the residence or household jointly resided in at the time the abuse occurred;

(2) Ordering the respondent to refrain from entering or being present in the immediate environs of the residence of the petitioner;

(3) Awarding temporary custody of or establishing temporary visitation rights with regard to minor children named in the order;

(4) Establishing terms of temporary visitation with regard to the minor children named in the order including, but not limited to, requiring third party supervision of visitations if necessary to protect the petitioner and/or the minor children;

(5) Ordering the noncustodial parent to pay to the caretaker parent a sum for temporary support and maintenance of the petitioner and children, if any;

(6) Ordering the respondent to pay to the petitioner a sum for temporary support and maintenance of the petitioner, where appropriate;

(7) Ordering the respondent to refrain from entering the school, business or place of employment of the petitioner or household or family members for the purpose of violating the protective order;

(8) Ordering the respondent to participate in an intervention program for perpetrators;

(9) Ordering the respondent to refrain from contacting, telephoning, communicating, harassing or verbally abusing the petitioner;

(10) Providing for either party to obtain personal property or other items from a location, including granting temporary possession of motor vehicles owned by either or both of the parties, and providing for the safety of the parties while this occurs, including ordering a law-enforcement officer to accompany one or both of the parties;

(11) Ordering the respondent to reimburse the petitioner or other person for any expenses incurred as a result of the domestic violence, including, but not limited to, medical expenses, transportation and shelter;

(12) Ordering the petitioner and respondent to refrain from transferring, conveying, alienating, encumbering or otherwise dealing with property which could otherwise be subject to the jurisdiction of the court or another court in an action for divorce or support, partition or in any other action affecting their interests in property;

(13) Awarding the petitioner the exclusive care, possession, or control of any animal owned, possessed, leased, kept or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and prohibiting the respondent from taking, concealing, molesting, physically injuring, killing or otherwise disposing of the animal and limiting or precluding contact by the respondent with the animal; and

(14) Ordering any other relief the court deems necessary to protect the physical safety of petitioner or those persons for whom a petition may be filed as provided in subdivision (2), section three hundred five of this article.

CREDIT(S)

Acts 2001, c. 91, eff. Sept. 1, 2001; Acts 2005, c. 83, eff. April 16, 2005; Acts 2010, c. 54, eff. June 11, 2010.

HISTORICAL AND STATUTORY NOTES

Acts 2010, c. 54, added subsecs. (13) and (14), relating to disposition of animals, and additional forms of relief, respectively.

West's Annotated Code of West Virginia - Chapter 48. Domestic Relations - Article 27. Prevention and Treatment of Domestic Violence - Part 7. Law Enforcement Response to Domestic Violence

§ 48-27-702. Law-enforcement officers to provide information, transportation and to report suspicions of animal cruelty

(a) Any law-enforcement officer responding to an alleged incident of domestic violence shall inform the parties of the availability of the possible remedies provided by this article and the possible applicability of the criminal laws of this state. Any law-enforcement officer investigating an alleged incident of domestic violence shall advise the victim of such violence of the availability of the family protection shelter to which such person may be admitted.

(b) If there is reasonable cause to believe that a person is a victim of domestic violence or is likely to be a victim of domestic violence, a law-enforcement officer responding to an alleged incident of domestic violence shall, in addition to providing the information required in subsection (a) of this section, provide transportation for or facilitate transportation of the victim, upon the request of such victim, to a shelter or an appropriate court.

(c) Whenever a law-enforcement officer, pursuant to a response to an alleged incident of domestic violence, forms a reasonable suspicion that an animal is a victim of cruel or inhumane treatment, he or she shall report the suspicion and the grounds therefor to the county humane officer within twenty-four hours of the response to the alleged incident of domestic violence.

Credits
Acts 2001, c. 91, eff. Sept. 1, 2001; Acts 2006, c. 29, eff. 90 days after March 8, 2006.

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