Current through Register Vol. XLI, No. 44, November 1, 2024
Section 149-3-5 - Domestic Violence Database5.1. The Domestic Violence Database is a tool for the court to communicate domestic violence data with law enforcement. Orders are entered by family court or magistrate court staff when orders are issued. When data is entered or modified, a message is generated and sent to the National Crime Information Center (NCIC) Protection Order File which facilitates the enforcement of protection orders and the Federal firearms laws. (See W.Va. Code § 48-27-802 and W.Va. Code § 51-1-21.)5.2. The Domestic Violence Database is used to confirm the status of a protection order and can also be used to serve a protective order. Orders can be printed out instantly once the requested record is identified.5.3. Service of protective orders can be entered into the database by court staff and any law enforcement agency with access to a WEAPONS terminal. This allows law enforcement to make an arrest, if needed, if they know an order has already been served.5.4. Law enforcement without access to a WEAPONS terminal can contact the WEAPONS agency in their county and request entry of the service data.5.5. The Domestic Violence Database contains: 5.5.1. Information about the victim and the respondent,5.5.2. The condition of the victim,5.5.3. Whether firearms were used and are in the possession of the respondent,5.5.4. Whether the protective order was served, and5.5.5. A temporary or final order.5.6. The Domestic Violence Database should be checked: 5.6.1. If responding to an issue and there is an active domestic violence protective order;5.6.2. To see if there were firearms on the property, in the possession of the respondent and where they are located;5.6.3. To determine the conditions of the protective order;5.6.4. To confirm the protective order has been served (and to attempt service if the protective order has not been served); and,5.6.5. To confirm the protective order is in effect.