2005 West Virginia Code - §48-27-903. — Misdemeanor offenses for violation of protective order, repeat offenses, penalties.

§48-27-903. Misdemeanor offenses for violation of protective order, repeat offenses, penalties.

(a) A respondent who abuses the petitioner or minor children or who is physically present at any location in knowing and willful violation of the terms of: (1) An emergency or final protective order issued under the provisions of this article or sections 5-509 or 5-608 of this chapter granting relief pursuant to the provisions of this article; or (2) a condition of bail, probation or parole which has the express intent or effect of protecting the personal safety of a particular person or persons is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for a period of not less than one day nor more than one year, which jail term shall include actual confinement of not less than twenty-four hours, and shall be fined not less than two hundred fifty dollars nor more than two thousand dollars.
(b) A respondent who is convicted of a second or subsequent offense under subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for not less than three months nor more than one year, which jail term shall include actual confinement of not less than twenty-four hours, and fined not less than five hundred dollars nor more than three thousand dollars, or both.