§48-27-501. Issuance of protective order; modification of order.
(a) Upon final hearing, the court shall enter a protective order if it finds, after hearing the evidence, that the petitioner has proved the allegations of domestic violence by a preponderance of the evidence. If the respondent is present at the hearing and elects not to contest the allegations of domestic violence or does not contest the relief sought, the petitioner is not required to produce evidence and prove the allegations of domestic violence and the court may directly address the issues of the relief requested.
(b) The court may modify the terms of a protective order at any time upon subsequent petition filed by any party.
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