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 149-07 - Protocol for Law Enforcement Response to Stalking
Section 149-7-3 - Definitions

3.1. "Credible corroborative evidence" means evidence that is worthy of belief and corresponds with the allegations of stalking and one or more elements indicating fear for his or her safety or suffering significant emotional distress from the offense and may include, but is not limited to, the condition of the victim, the accused, and the scene.

3.2. "County" means any one of the fifty-five major political subdivisions of the state.

3.3. "Dispatcher" means a telecommunicator who receives calls from individuals who need assistance from firefighters, law enforcement officers, and emergency medical services. Once information is obtained from the caller, telecommunicators activate the services necessary to respond to the nature of the call for help and maintain close contact with field units to monitor response and needed support requirements.

3.4. "Bodily injury" means substantial physical pain, illness, or any impairment of physical condition;

3.5. "Harasses" means willful conduct directed at a specific person or persons which would cause a reasonable person mental injury or emotional distress.

3.6. "Immediate family" means a spouse, parent, stepparent, mother-in-law, father-in-law, stepchild, sibling, or any person who regularly resided in the household or within the prior six months regularly resided in the household;

3.7. "Repeatedly" means on two or more occasions

3.8. "Law enforcement agency" means any duly authorized state, county, or municipal organization employing one or more persons whose responsibility is the enforcement of laws of the state or any county or municipality of this state.

3.9. Law enforcement officer" means any duly authorized member of a law enforcement agency who is authorized to maintain public peace and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality of the state, other than parking ordinances, including persons employed as campus police officers at state institutions of higher education and those persons employed as rangers by the Hatfield-McCoy regional recreational authority. The term "law-enforcement officer" does not apply to the chief executive of any West Virginia law-enforcement agency or any watchman or special conservation officer.

3.10. "Law enforcement official" means the duly appointed chief administrator of a designated law-enforcement agency or a duly authorized designee.

3.11. "Municipality" means any incorporated village, town or city whose boundaries lie within the geographic boundaries of the state.

3.12. "Personal Safety Order" under West Virginia Code 53-8-1, et seq, Personal Safety Order Act, means an injunction or other order, issued under sexual assault, attempted sexual assault, stalking, or similar laws. A personal safety order may include any or all of the following relief: order the respondent to refrain from committing or threatening to commit an act specified in subsection (a), of West Virginia Code 53-8-4 against the petitioner; order the respondent to refrain from contacting, attempting to contact or harassing the petitioner directly, indirectly, or through third parties regardless of whether those third parties know of the order; order the respondent to refrain from entering the residence of the petitioner; order the respondent to remain away from the place of employment, school or residence of the petitioner; order the respondent not to visit, assault, molest, or otherwise interfere with the petitioner and, if the petitioner is a child, the petitioner's siblings and minors residing in the household of the petitioner; order either party to pay filing fees and costs. A personal safety order must be issued by a court; agency or other entity authorized by law to issue or modify a personal safety order. Personal Safety Orders include out-of-state orders and are entitled to full faith and credit.

3.13. "Protective Order" under West Virginia Code 48-28-2 Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, means an injunction or other order, issued under domestic violence, family violence, stalking, or similar domestic relations laws. A protective order is issued to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to a protected individual. A protective order must be issued by a court; agency or other entity authorized by law to issue or modify a protective order. Protective Orders include out-of-state orders and are entitled to full faith and credit.