West Virginia § 53-8-9 Appeals

West Virginia Statutes

§ 53-8-9 — Appeals

West Virginia § 53-8-9

Ch. 53EXTRAORDINARY REMEDIES

Art. 8PERSONAL SAFETY ORDERS

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Bluebook

W. Va. Code § 53-8-9 (2026).

Text

(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(c)(1) If an appeal is filed under this section, the magistrate court judgment shall remain in effect until superseded by a judgment of the circuit court; and

(2)Unless the circuit court orders otherwise, modification or enforcement of the magistrate court order shall be by the magistrate court.

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(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(c) (1) If an appeal is filed under this section, the magistrate court judgment shall remain in effect until superseded by a judgment of the circuit court; and

(2) Unless the circuit court orders otherwise, modification or enforcement of the magistrate court order shall be by the magistrate court.