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Domestic Violence & Police Response in West Virginia

What survivors may expect when WV police respond to DV calls.

West Virginiapolice

CRIMINAL JUSTICE

When Police Are Called: Arrests, No-Contact Conditions, and Protective Orders

When Police First Arrive

If someone calls the police about relationship harm, officers usually start by gathering basic information and checking for urgent safety concerns. What happens can vary by province or territory and by the details of the situation.

Police may speak with people separately to understand what happened.
They may look for visible injuries, property damage, or signs of weapons.
They might ask if there are children, elders, or other people in the home.
Officers may ask about past incidents, even if they were not reported.
They will decide if there are grounds to lay criminal charges under Canadian law.

In many parts of Canada, if police believe an offence related to intimate partner or family violence occurred, they may be expected to lay charges, even if the person harmed does not want to proceed.

Possible Immediate Police Actions

Depending on what officers see and hear, they may:

Give a warning or explain the law and leave without charges.
Help someone leave temporarily or connect to a shelter or support service.
Remove weapons for safety reasons, where allowed by law.
Arrest a person they believe has committed an offence.

Police decisions are based on what they observe, any evidence they collect, and local policies. The person who called the police does not control whether charges are laid.

Arrest Options and What They Mean

If officers decide to arrest someone, a few different things can happen next, depending on risk, criminal history, and local practice.

Release at the Scene or from the Station

Police may release the arrested person fairly quickly, often with written conditions. These might include:

No contact (direct or indirect) with a specific person.
Not going to a particular home, workplace, or school.
Not possessing weapons or alcohol, where relevant.
Attending court on a set date.

These conditions usually begin as soon as the person is released. Violating them is a criminal offence and can lead to further charges.

Holding the Person for a Bail Hearing

In some cases, police keep the arrested person in custody until they appear before a judge or justice for a bail (judicial interim release) hearing, usually within a short time.

The court decides whether the person will be released or kept in custody.
If released, the court often sets bail conditions, which may include stricter no-contact rules.
Conditions can be in place until the criminal charges are resolved or changed by a court.

No-Contact Conditions: How They Work

No-contact conditions are rules that say a person is not allowed to communicate with, or sometimes be near, another person. They can come from police release documents or from a court order.

Common Forms of No-Contact Conditions

Police release conditions: Set by police when letting someone out of custody. These are usually in writing and the person must sign them.
Bail conditions: Set by a judge or justice after a bail hearing.
Probation orders: Conditions set if the person is convicted and placed on probation.

What “No Contact” Usually Includes

No-contact terms are often broad. They can include not:

Calling or texting.
Sending messages through social media.
Using friends, family, or others to pass messages (“indirect contact”).
Attending at or near a home, workplace, shelter, or school.

Even if the protected person wants to talk, the person with the condition is still responsible for following it unless a court changes it. Only a court can vary or cancel court-ordered conditions.

Everyday Impacts of No-Contact Conditions

No-contact conditions can affect daily life, especially if people share children, housing, or finances.

It might become difficult or impossible to live in the same home.
Exchanges of children may need to be arranged through a third party or public place.
Communication about money or bills may need to go through lawyers, mediators, or other intermediaries, where available.

If you share children, it can be helpful to ask the court (through legal support if possible) to clarify how parenting time and communication about children should be handled alongside no-contact rules.

How No-Contact Conditions and Protective Orders Interact

Protective orders (sometimes called restraining orders, peace bonds, family-law protection orders, or emergency protection orders) are separate from criminal release or bail conditions, even if they use similar language.

Multiple Orders at the Same Time

It is possible to have:

A criminal no-contact condition from a bail order, and
A civil or family protective order from a family or civil court.

When more than one order exists, the person subject to the orders usually must follow all of them. If they conflict, this can be confusing and may require legal help or a return to court to clarify.

A family court order about parenting time does not automatically cancel a criminal no-contact condition, and a criminal condition does not automatically change a family court order. Courts generally need to formally change or replace earlier orders.

Examples of How They Can Overlap

A criminal no-contact condition may say the person cannot come to your home, while a family order may say they can pick up children at that address at specific times.
An emergency protection order may restrict communication, while a later peace bond or bail order adds more detailed rules about distance or specific locations.

Where there is confusion about which order applies, many people choose to carry copies of the most recent orders and ask a lawyer, legal clinic, or duty counsel at court to explain the interaction. Local victim services or community legal information organizations may also help explain terms.

Changing or Reviewing Conditions or Orders

Conditions and protective orders are not always permanent. In some cases, a court can change, extend, or cancel them. Processes depend on the type of order and the province or territory.

The person who is protected can often give information to the Crown prosecutor or to a lawyer about safety concerns or practical challenges.
The person who is subject to conditions may apply to vary (change) them through the court, usually with legal support.
Courts decide changes based on safety, risk, and legal requirements, not just on what one person requests.

Talking with a victim services worker or legal information service in your area can help you understand options for changing or extending conditions, but they typically cannot guarantee outcomes.

Thinking About Safety While Conditions Are in Place

Even with police involvement and court conditions, risk can still exist. Some people find it helpful to:

Keep copies of any conditions or orders in a safe but accessible place.
Share relevant information with a trusted person, if it feels safe.
Ask local police or victim services how to report breaches and what information they may need.
Review digital security, such as passwords, shared devices, and location sharing.

Additional support options across Canada, including information on local services, are listed at DV.Support.