McDowell County family court publishes protective-order notices for two respondents

When McDowell County Family Court could not complete direct service, it turned to newspaper publication on May 7 to notify Marlena Lane and Zachary Tyler Carter in two protective-order cases. The notices show the court using the legally required fallback method to keep the cases moving while putting the respondents on public notice that protection from contact is being sought.

The Marlena Lane notice said the respondent’s street address, city, state, ZIP code and date of birth were unknown. A separate publication named Zachary Tyler Carter and listed a Whitesville address at 1223 Sengcreek Road, along with a date of birth of Feb. 13, 2004. Both notices stated that the object of the suit was to obtain protection from the respondent and to inform the respondent that a protective order prohibits contact with certain individuals.

For readers following court activity in Welch and across McDowell County, the significance is procedural but important. Publication generally means personal service by law enforcement was unsuccessful, so the court is using Class I legal advertisement as allowed under West Virginia law. When that happens, the respondent must also be served by first-class mail at the most current known residential address. The notice is not the end of the case; it is the court’s way of making sure the legal process does not stall when someone cannot be reached in person.

The publication format also signals that deadlines are running and a hearing may be tied to the order. West Virginia domestic-violence publication orders are supposed to include the respondent’s name, last known address, case numbers, county, hearing date and where copies of the petition and order can be obtained. In McDowell County, the Carter filing was tied to case number 26-DV-23 and magistrate case number 26-M27D-00024. An earlier Marlena Lane notice had appeared on April 21, tied to Family Court Civil Action No. 26-DV-12 and Magistrate Court Case No. 27-26-M28D-00013.

West Virginia’s domestic-violence system moves quickly once an order is entered. The West Virginia Judiciary says protective orders are scanned into the state domestic-violence database within minutes, then routed through the West Virginia State Police into the National Crime Information Center. That makes these short legal notices more than routine newspaper filler. They are part of a live enforcement system that can reach law enforcement across the state and beyond.

Family-court protective orders in West Virginia are generally effective for 90 or 180 days, depending on the court, and can be extended for up to one year in aggravating circumstances such as prior violations or multiple prior protective orders. In practical terms, the May 7 publications show McDowell County Family Court actively using public notice to protect petitioners, preserve due process and move two separate cases forward.