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EspañolWhat is the National Crime Information Center (NCIC) Registry? Who has access to it?
The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.
Before moving to West Virginia, the state that issued your protection order may already have entered your order into the NCIC. If not, your order will be entered into the NCIC once your order is registered in WV.
Note: Most law enforcement officials have access to the NCIC, but the information is encrypted so outsiders cannot access it.
How do I register my protection order in West Virginia?
In West Virginia, to register your protective order, you are required to give a certified copy of it to the local state police office. You can take it to the clerk of court, but you will also need to file a request that they forward the order to the state police for registration. You may also need to file an affidavit that says that to the best of your ability, the order is still valid.1
Some counties in West Virginia require that you give the clerk multiple certified copies of the foreign protective order. Other counties require that the certified copies be sent directly from the state the issued the order to them. If you take certified copies to the clerk, you must have a picture ID with you. There is also a chance that the registration process will go through the county sheriff’s department.
If you need help registering your protective order, you can contact a local domestic violence organization in West Virginia for assistance. You can find contact information for organizations in your area here on our WV Advocates and Shelters page.
1 W. Va. Code § 48-28-5(1)(2)
Do I have to register my protection order in West Virginia in order to get it enforced?
West Virginia state law gives full protection to a foreign protective order as long as you can show the officer a copy of the order and can truthfully tell the officer that you believe the order is still in effect. It does not have to be entered into the state or federal registry in order to be enforced by a West Virgina police officer, but the officer does need to believe that it is a valid (real) order.
Will the abuser be notified if I register my protection order?
Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1 However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.
However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to. It is important to continue to safety plan, even if you are no longer in the state where the abuser is living. We have some safety planning tips to get you started on our Safety Planning page. You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our WV Advocates and Shelters page.
1 18 USC § 2265(d)
What if I don't register my protective order? Will it be more difficult to have it enforced?
While neither federal law nor state law requires that you register your protective order in order to get it enforced, if your order is not entered into the state registry, it may be more difficult for a West Virginia law enforcement official to determine whether your order is real. Meaning, it could take longer to get your order enforced
If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in West Virginia. To see a list of local domestic violence organizations in West Virginia, go to our WV Advocates and Shelters page.
Does it cost anything to register my protection order?
There is no fee for registering your protective order in West Virginia.1
1 W. Va. Code § 48-28-5
