§53-8-16. Limitation on Use of Information
Nothing in this article authorizes the inclusion of information contained in petition, pleadings or orders provided for by this article to be submitted to any local, state, interstate, national or international systems of criminal identification pursuant to section twenty-four, article two, chapter fifteen of this code. Nothing in this section prohibits the West Virginia State […]
§53-8-17. Sealing of Records
(a) Definitions. — (1) In this section the following words have the meanings indicated.
§53-8-15. Rules and Forms
(a) Authorized. — The Supreme Court of Appeals may adopt rules and forms to implement the provisions of this article. (b) Petition form. — (1) The Supreme Court of Appeals is requested to adopt a form for a petition under this article.
§53-8-5. Temporary Personal Safety Orders
(a) Authorized; forms of relief available. — (1) If after a hearing on a petition, whether ex parte or otherwise, a magistrate finds that there is reasonable cause to believe that the respondent has committed an act specified in subsection (a), section four of this article, against the petitioner, the magistrate shall issue a temporary […]
§53-8-6. Respondent's Opportunity to Be Heard; Notice to Respondent
(a) Respondent's opportunity to be heard. — A respondent shall have an opportunity to be heard on the question of whether the magistrate should issue a final personal safety order subject to the provisions of this section. (b) Personal safety order hearing. — Date and time; notice. (1) (A) The temporary personal safety order shall […]
§53-8-7. Personal Safety Hearing; Forms of Relief
(a) Final personal safety order hearing. — Proceeding; issuance of order. –- If the respondent appears for the final personal safety order hearing, has been served with a temporary personal safety order or the respondent waives personal service, the magistrate: (1) May proceed with the final personal safety order hearing; and
§53-8-8. Modification and Rescission
(a) A personal safety order may be modified or rescinded during the term of the personal safety order after: (1) Giving notice to the petitioner and the respondent; and
§53-8-9. Appeals
(a) If a magistrate grants or denies relief under a petition filed under this article, a respondent or a petitioner may appeal to the circuit court for the county where the magistrate court is located. (b) An appeal taken under this section shall be heard de novo in the circuit court. (c) (1) If an […]
§53-8-10. Statement Concerning Violations
A temporary personal safety order and final personal safety order issued under this article shall state that a violation of the order may result in: (1) Criminal prosecution; and
§53-8-11. Penalties
(a) Fines or incarceration. — An individual who fails to comply with the relief granted in a temporary personal safety order or a final personal safety order entered pursuant to this article is guilty of a misdemeanor and, upon conviction thereof, shall: (1) For a first offense, be fined not more than $1,000 or confined […]