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