West Virginia Code of State Rules
Agency 149 - Crime, Delinquency And Correction
Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION
Series 149-03 - Protocol For Law Enforcement Response to Domestic Violence
Section 149-3-10 - Procedure when Arrest is not Made
Universal Citation: 149 WV Code of State Rules 149-3-10
Current through Register Vol. XLI, No. 38, September 20, 2024
10.1. If an arrest is not made the law enforcement officer should:
10.1.1. Explain to
the victim the reasons that an arrest is not being made;
10.1.2. Advise the victim of the
applicability of criminal laws, procedures for filing a criminal complaint
regarding violations of a protective order, the availability of a petition for
a protective order, the procedures for filing a petition, and the remedies an
order may contain;
10.1.3.
Encourage the victim to contact the nearest available domestic violence program
for information regarding services available to victims of domestic
violence;
10.1.4. Inform the victim
that the law enforcement officer will provide transportation for or facilitate
transportation of the victim to a shelter or the appropriate court when
reasonable cause exists to believe that a person is a victim of domestic
violence or is likely to be a victim of domestic violence. Make reasonable
efforts to assure victim safety. (See W.Va. Code §
48-27-702.) Provided that the
victim has contacted the shelter for approval for entrance and has given
consent to transport.
10.2. The law enforcement officer should not become involved in the disposition of personal property, the ownership of which is in dispute except as provided in subdivision 7.7.4. of this section. In the absence of an arrest, the law enforcement officer should remain neutral and be concerned primarily with maintaining the peace and safety of those persons present.
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