The West Virginia Supreme Court approved the Amended WV Rules of Procedure for Child Abuse & Neglect Proceedings by order entered November 22, 2011.
Category Archives: Court Rules
The WV Supreme Court approved amendments to the Rules of Practice and Procedure for Domestic Violence Civil Proceedings, following an extended period of public comment. The rules were effective July 15, 2011.
A copy of the rules showing the amendments can be found here.
Generally, some of the key changes are as follows:
- No court costs or fees shall be assessed against Petitioner who fails to appear or present evidence (See Rule 3(b)).
- The Court may assess court costs and fees against a Petitioner when a protective order is denied after presentation of evidence and testimony. (See Rule 3(d)).
- The WV Domestic Violence database shall not be open for public inspection (See Rule 6(c).
- A counterclaim filed by the Respondent is treated as a petition for a protective order (See Rule 9).
- A party filing a Chapter 48 action or reopening a chapter 48 action must notify the circuit clerk that a protective order is in place. Then the clerk will issue a notice of automatic extension of the protective order. (See Rule 9(b)).
- Domestic violence proceedings are given priority on the family court docket (See Rule 10(b)).
- See new section related to protective orders and firearms (Rule 10b)
- Rule 10(b)(4) provides for the return of firearms when a protective order is dimissed, terminated or expired upon petition to the court.
- See Rule 11 regarding changes to service and 11(a) regarding order of publication;
- See Rule 23(a) regarding children and incapacitated family or household members as parties.
- The family court in its discretion may now hold compliance hearings without a contempt action to monitor and enforce a protective order.
*Note, these are only selected summaries of the changes and do not encompass all amendments. Click here for the full version of the rules with amendments.