West Virginia Code 53-8-11 – Penalties
(a) Fines or incarceration. — An individual who fails to comply with the relief granted in a temporary personal safety order or a final personal safety order entered pursuant to this article is guilty of a misdemeanor and, upon conviction thereof, shall:
Terms Used In West Virginia Code 53-8-11
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(1) For a first offense, be fined not more than $1,000 or confined in jail not more than ninety days, or both; and
(2) For a second or subsequent offense, be fined not more than $2,500 or confined in jail not more than one year, or both.
(b) Arrest. — A law-enforcement officer shall arrest with or without a warrant and take into custody an individual who the officer has probable cause to believe is in violation of a temporary or final personal safety order in effect at the time of the violation.