West Virginia law sets licensing rules for domestic violence service programs and allows courts to defer some first-offense domestic violence cases by agreement.
Some abuse intervention programs may teach live online classes, but only if they also offer classes in person at a physical location.
Licensed programs must keep participants’ records and personal information private, with exceptions for consent, some court or safety needs, and required reports.
For certain first-offense domestic violence charges, a court may defer the case if the state and defendant agree. The court may require program attendance.
Licensed abuse intervention programs may teach live online, synchronous classes only if they also offer an in-person option. This applies to community-based, local government, and Division of Corrections abuse intervention programs.
Licensed programs must keep participant records and personal information confidential, subject to stated exceptions. These rules cover licensed domestic violence, abuse intervention, and monitored parenting and exchange programs. Abuse intervention program participants must sign releases allowing specified information to be shared, including safety concerns and reports about participation. Victims cannot be required to agree to release their identifying information as a condition of receiving services. Programs may still report suspected abuse or neglect when the law requires it.
A court may defer a case for certain first-offense charges if the state and defendant agree. This covers certain first-offense assault or domestic battery charges involving a family or household member. The court may require compliance hearings and participation in a licensed abuse intervention program. A person may use this option only once. A person whose prior charges or convictions would trigger the listed repeat-offense penalties is not a first-offense case under this section. The deferral lasts at least 18 months and no more than three years.
No hearings or votes scheduled.