PART 1. GENERAL PROVISIONS.
§48-27-101. Findings and purposes.
(a) The Legislature of this state finds that:
(1) Every person has a right to be safe and secure in his or her home and family and to be free from domestic violence.
(2) Children are often physically assaulted or witness violence against one of their parents or other family or household members, violence which too often ultimately results in death. These children may suffer deep and lasting emotional harm from victimization and from exposure to domestic violence;
(3) Domestic violence is a major health and law-enforcement problem in this state with enormous costs to the state in both dollars and human lives. It affects people of all racial and ethnic backgrounds and all socioeconomic classes; and
(4) Domestic violence can be deterred, prevented or reduced by legal intervention that treats this problem with the seriousness that it deserves.
(b) This article shall be liberally construed and applied to promote the following purposes:
(1) To assure victims of domestic violence the maximum protection from abuse that the law can provide;
(2) To create a speedy remedy to discourage violence against family or household members with whom the perpetrator of domestic violence has continuing contact;
(3) To expand the ability of law-enforcement officers to assist victims, to enforce the domestic violence law more effectively, and to prevent further abuse;
(4) To facilitate equal enforcement of criminal law by deterring and punishing violence against family and household members as diligently as violence committed against strangers;
(5) To recognize that domestic violence constitutes serious criminal behavior with potentially tragic results and that it will no longer be excused or tolerated; and
(6) To recognize that the existence of a former or on-going familial or other relationship should not serve to excuse, explain or mitigate acts of domestic violence which are otherwise punishable as crimes under the laws of this state.
Notes of Decisions
Cited in
16
cases (
5 in the last 5 years), 2003–2026 · leading case:
In re Stephen Tyler R., 584 S.E.2d 581 (W. Va. 2003).
In re Stephen Tyler R., 584 S.E.2d 581 (W. Va. 2003).
· cites it 2× “Perhaps the most disturbing evidence of such abuse is the incident referenced in the circuit court’s findings in which Mr.”
Thomas v. Morris, 687 S.E.2d 760 (W. Va. 2009).
· cites it 3× “W. Va.Code § 48-27-101, n. 4 supra. As evidenced by the use of the disjunctive “or” in Subsection (3) of West Virginia Code § 48-27-202, the Legislature has set forth three separate ways that fear of physical harm can be demonstrated: (1) by proof of harassment, (2) by proof of…”
John P.W. ex rel. Adam W. v. Dawn D.O., 591 S.E.2d 260 (W. Va. 2003).
· cites it 2× “It is beyond dispute that the concerns which underlie the enactment of the Domestic Violence statutes are deserving of serious attention and consequently demand the highest protections the law can afford.”
Katherine B. T. v. Jackson, 640 S.E.2d 569 (W. Va. 2006).
· cites it 4× “Code, XX-XX-XXX (2001) states, in part, as follows: § 48-27-101. Findings and purposes. (a) The Legislature of this state finds that: (1) Every person has a right to be safe and secure in his or her home and family and to be free from domestic violence.”
In re B.C., 755 S.E.2d 664 (W. Va. 2014).
· cites it 2× “Code § 48-27-101 et seq., and a petition alleging abuse and/or neglect under W.”
Hollinghead v. Childers, 704 S.E.2d 714 (W. Va. 2010).
· cites it 4× “” W. Va.Code § 48-27-101(a)(3-4). 7. “This article shall be liberally construed and applied to promote the following purposes: .”
Chandra T. v. Robert M., 928 S.E.2d 433 (2026).
· cites it 2× “” W. Va. Code § 48-27-101 (b). Contrary to Mother’s assertion, the family court did not minimize or ignore the long-term emotional impact that domestic violence may have on children.”
Chandra T. v. Robert M., 928 S.E.2d 433 (2026).
· cites it 2× “” W. Va. Code § 48-27-101 (b). Contrary to Mother’s assertion, the family court did not minimize or ignore the long-term emotional impact that domestic violence may have on children.”
T.A.M. v. C.M.K., No. 12-0544 (W. Va. Oct. 4, 2013).
· cites it 2× “Respondent argues that the domestic violence statutes are constitutional and that the family court’s finding that petitioner engaged in behavior that placed her in a reasonable apprehension of harm is well-supported by the evidence. 2 In ruling that the DVPO would expire on May…”
In re K.s., L.S. & E.S., No. 13-0620 (W. Va. Nov. 26, 2013).
· cites it 2× “” W.Va. Code § 48-27-101(a)(2). Therefore petitioner’s conduct threatened the health and welfare of all the children in the home and it was not error to adjudicate the children as abused based upon this evidence.”
Robert M. Marks, Jr. v. Woody Forest Prods., No. 14-0569 (W. Va. Feb. 6, 2015).
· cites it 2× “Combs, his supervisor, told him that he should drop the protective order and that the only way he could keep his job was to continue working with Ms.”
W. Va. Code § 48-27-101(a): 2 cases
Hollinghead v. Childers, 704 S.E.2d 714 (W. Va. 2010).
“” W. Va.Code § 48-27-101(a)(3-4). 7. “This article shall be liberally construed and applied to promote the following purposes: .”
Robert M. Marks, Jr. v. Woody Forest Prods., No. 14-0569 (W. Va. Feb. 6, 2015).
“Combs, his supervisor, told him that he should drop the protective order and that the only way he could keep his job was to continue working with Ms.”
W. Va. Code § 48-27-101(a)(2): 4 cases
In re Stephen Tyler R., 584 S.E.2d 581 (W. Va. 2003).
“Perhaps the most disturbing evidence of such abuse is the incident referenced in the circuit court’s findings in which Mr.”
In re K.s., L.S. & E.S., No. 13-0620 (W. Va. Nov. 26, 2013).
“” W.Va. Code § 48-27-101(a)(2). Therefore petitioner’s conduct threatened the health and welfare of all the children in the home and it was not error to adjudicate the children as abused based upon this evidence.”
W. Va. Code § 48-27-101(b): 1 case
Hollinghead v. Childers, 704 S.E.2d 714 (W. Va. 2010).
“” W. Va.Code § 48-27-101(a)(3-4). 7. “This article shall be liberally construed and applied to promote the following purposes: .”
W. Va. Code § 48-27-101(b)(1): 1 case
In re B.C., 755 S.E.2d 664 (W. Va. 2014).
“Code § 48-27-101 et seq., and a petition alleging abuse and/or neglect under W.”
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