2005 West Virginia Code - §48-27-902. — Violations of protective orders; criminal complaints.

§48-27-902. Violations of protective orders; criminal complaints.
(a) When a respondent abuses the petitioner or minor children, or both, or is physically present at any location:
(1) In knowing and willful violation of the terms of an emergency or final protective order under the provisions of this article or sections 5-509 or 5-608 of this chapter granting the relief pursuant to the provisions of this article;
(2) In knowing and willful violation of the terms of a protection order from another jurisdiction that is required to be enforced pursuant to section 3, article 28 of this chapter; or
(3) In knowing and willful violation of the terms of a condition of bail, probation or parole imposed in another state which has the express intent or effect of protecting the personal safety of a particular person or persons in violation of section 28-7(a)(3) of this chapter then any person authorized to file a petition pursuant to the provisions of section 27-305 or the legal guardian or guardian ad litem may file a petition for civil contempt as set forth in section 27-901.
(b) When any such violation of a valid order has occurred, the petitioner may file a criminal complaint. If the court finds probable cause upon the complaint, the court shall issue a warrant for arrest of the person charged.