§ 48-27-901 — Civil contempt; violation of protective orders; order to show cause

West Virginia § 48-27-901

• Jurisdiction: West Virginia
• Ch. 48: DOMESTIC RELATIONS
• Art. 27: PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE

Text

(a) Any party to a protective order or a legal guardian or guardian ad litem may file a petition for civil contempt alleging a violation of an order issued pursuant to the provisions of this article. The petition shall be filed in the family court, if a family court entered an order or in the circuit court, if a circuit court entered the order, in the county in which the violation occurred or the county in which the order was issued.

(b) When a petition for an order to show cause is filed, a hearing on the petition shall be held within five days from the filing of the petition. Any order to show cause which is issued shall be served upon the alleged violator.

(c) Upon a finding of contempt, the court may order the violator to comply with specific provisions of the protective order and post a bond as surety for faithful compliance with the order. The bond may not be a personal recognizance bond and shall be in an amount that does not exceed the ability of the violator to post. The bond may not be waived by a fee waiver pursuant to the provisions of section one, article two, chapter fifty-nine of this code.

Legislative History

2010 Reg. Sess., SB490; 2001 Reg. Sess., HB2199; 2001 Reg. Sess., SB652; 2001 Reg. Sess., SB704