§48-27-301. Jurisdiction.
(a) Circuit courts, family courts and magistrate courts have concurrent jurisdiction over domestic violence proceedings as provided in this article.
(b) The Supreme Court of Appeals is authorized to assign appropriate judicial officers for five domestic violence courts in any jurisdiction chosen by the Supreme Court of Appeals. Judicial officers so assigned have the authority and jurisdiction to preside over criminal misdemeanor crimes of domestic violence involving family or household members as defined in subdivisions (1) through (6), inclusive, and paragraphs (A), (B) and (H), subdivision (7), section two hundred four of this article, relating to offenses under subsections (b) and (c), section nine, article two, chapter sixty-one of this code, misdemeanor violations of section nine-a, article two, chapter sixty-one of this code, misdemeanor violations of section twenty-eight, article two, chapter sixty-one of this code, misdemeanor offenses under article three, chapter sixty-one of this code where the alleged perpetrator and the victim are said family or household members, subdivisions (7) and (8), section seven, article seven, chapter sixty-one of this code and civil and criminal domestic violence protective order proceedings as provided in this article. The judicial officer chosen for any domestic violence court may be a current or senior status circuit judge, family court judge, temporary family court judge or magistrate. The Supreme Court of Appeals is requested to maintain statistical data to determine the feasibility and effectiveness of any domestic violence court established by the provisions of this section.
(c) The assigned judicial officer in a domestic violence court does not have jurisdiction to preside over any felony crimes unless the assigned judicial officer is a circuit court judge.
Structure West Virginia Code
Chapter 48. Domestic Relations
Article 27. Prevention and Treatment of Domestic Violence
§48-27-101. Findings and Purposes
§48-27-201. Applicability of Definitions
§48-27-202. Domestic Violence Defined
§48-27-203. Emergency Hearing Defined
§48-27-204. Family or Household Members Defined
§48-27-205. Final Hearing Defined
§48-27-206. Law-Enforcement Agency Defined
§48-27-207. Program for Victims of Domestic Violence Defined
§48-27-208. Program of Intervention for Perpetrators Defined
§48-27-209. Protective Order Defined
§48-27-303. Effect of Petitioner Leaving Residence
§48-27-304. Commencement of Proceeding
§48-27-305. Persons Who May File Petition
§48-27-306. Counterclaim or Affirmative Defenses
§48-27-307. Persons Accompanying Petitioner
§48-27-308. Charges for Fees and Costs Postponed
§48-27-309. Priority of Petitions
§48-27-310. Full Faith and Credit
§48-27-311. Service of Process
§48-27-312. Production of Documents Pursuant to a Subpoena Duces Tecum
§48-27-401. Interaction Between Domestic Proceedings
§48-27-403. Emergency Protective Orders of Court; Hearings; Persons Present
§48-27-501. Issuance of Protective Order; Modification of Order
§48-27-502. Mandatory Provisions in Protective Order
§48-27-503. Permissive Provisions in Protective Order
§48-27-504. Provisions in Protective Order for Person Witnessing or Reporting Domestic Violence
§48-27-506. Effect of Protective Order on Real and Personal Property
§48-27-507. Mutual Protective Orders Prohibited
§48-27-508. Costs to Be Paid to Family Court Fund
§48-27-509. Conditions of Visitation in Cases Involving Domestic Violence
§48-27-511. Purging of Domestic Violence Files
§48-27-701. Service of Pleadings and Orders by Law-Enforcement Officers
§48-27-801. Reports of Domestic Violence to State Police
§48-27-802. Maintenance of Registry by State Police
§48-27-901. Civil Contempt; Violation of Protective Orders; Order to Show Cause
§48-27-902. Violations of Protective Orders; Criminal Complaints
§48-27-903. Misdemeanor Offenses for Violation of Protective Order; Repeat Offenses; Penalties
§48-27-1001. Arrest for Violations of Protective Orders
§48-27-1002. Arrest in Domestic Violence Matters; Conditions
§48-27-1003. Nonjudicial Enforcement of Order
§48-27-1101. Rules of Practice and Procedure; Forms to Be Provided; Operative Date
§48-27-1102. Authorization for the Promulgation of Legislative Rules
§48-27-1103. Training of Law-Enforcement Officers in Domestic Violence