W. Va. Code R. § 149-3-10

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 149-3-10 - Procedure when Arrest is not Made

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.

W. Va. Code R. § 149-3-10