§53-8-1. Definitions
In this article the following words have the meanings indicated. (1) Final personal safety order. — "Final personal safety order" means a personal safety order issued by a magistrate under section seven of this article.
§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 […]
§53-8-12. Priority of Petitions
Any petition filed in magistrate court under the provisions of this article shall be given priority over any other civil action before the court, except actions pursuant to article twenty-seven, chapter forty-eight of this code and those in which trial is in progress, and shall be docketed immediately upon filing.
§53-8-13. Fees and Costs
(a) Charges for fees and costs postponed. — No fees may be charged for the filing of petitions or other papers, service of petitions or orders, copies of orders or other costs for services provided by, or associated with, any proceedings under this article until the matter is brought before the court for final resolution. […]
§53-8-14. Service by Law Enforcement
Notwithstanding any other provision of this code to the contrary, all law-enforcement officers are hereby authorized and required to serve all pleadings and orders filed or entered pursuant to this article on Sundays and legal holidays. No law-enforcement officer may refuse to serve any pleadings or orders entered pursuant to this article. Law enforcement shall […]
§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.
§53-8-16. 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.
§53-8-2. Confidentially of Proceedings
(a) General Provisions. — All orders, findings, pleadings, recordings, exhibits, transcripts or other documents contained in a court file are confidential and are not available for public inspection: Provided, That unless the file is sealed pursuant to section seventeen of this article or access is otherwise prohibited by order, any document in the file shall […]
§53-8-3. Who May File; Exclusivity; Applicability of Article
(a) Who may file a petition. — A petition for relief under this article may be filed by: (1) A person seeking relief under this article for herself or himself; or
§53-8-4. Petition Seeking Relief
(a) Underlying acts. – A petitioner may seek relief under this article by filing with a magistrate court a petition that alleges the commission of any of the following acts against the petitioner by the respondent: (1) A sexual offense or attempted sexual offense as defined in section one of 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 […]