(a) In addition to the powers of contempt established in chapter forty-eight of this code, a family court judge may:
(1) Sanction persons through civil contempt proceedings when necessary to preserve and enforce the rights of private parties or to administer remedies granted by the court;
(2) Regulate all proceedings in a hearing before the family court judge; and
(3) Punish direct contempts that are committed in the presence of the court or that obstruct, disrupt or corrupt the proceedings of the court.
(b) A family court judge may enforce compliance with his or her lawful orders with remedial or coercive sanctions designed to compensate a complainant for losses sustained and to coerce obedience for the benefit of the complainant. Sanctions must give the contemnor an opportunity to purge himself or herself. In selecting sanctions, the court must use the least possible power adequate to the end proposed. A person who lacks the present ability to comply with the order of the court may not be confined for a civil contempt. Sanctions may include, but are not limited to, seizure or impoundment of property to secure compliance with a prior order. Ancillary relief may provide for an award of attorney's fees.
(c) Upon a finding that a person is in civil contempt, the court, when otherwise appropriate and in its discretion, and as an alternative to incarceration, may place the person on work release, in a weekend jail program, in an existing community service program, in an existing day-reporting center program, in any other existing community corrections program or on home confinement until the person has purged himself or herself of the contempt.
Structure West Virginia Code
Chapter 51. Courts and Their Officers
§51-2A-1. Family Courts Established
§51-2A-2. Family Court Jurisdiction; Exceptions; Limitations
§51-2A-2a. Family Court Jurisdiction to Restrict Contact Between Parties
§51-2A-3. Number of Family Court Judges; Assignment of Family Court Judges by Family Court Circuits
§51-2A-4. Qualifications of Family Court Judges
§51-2A-5. Term of Office of Family Court Judge; Initial Appointment; Elections
§51-2A-6. Compensation and Expenses of Family Court Judges and Their Staffs
§51-2A-7. Powers; Administrative and Judicial Functions of Family Court Judge
§51-2A-9. Contempt Powers of Family Court Judge
§51-2A-10. Motion for Reconsideration of Family Court Order
§51-2A-11. Petition for Appeal
§51-2A-12. Stay of Proceedings Pending Appeal
§51-2A-13. Motion to Dismiss Appeal
§51-2A-14. Review by Circuit Court; Record; Standard of Review; Temporary Order Upon Demand
§51-2A-15. Review by Supreme Court of Appeals; Assistance for Pro Se Appellants
§51-2A-16. Expiration of Appellate Procedures; Exceptions; Report Requirements
§51-2A-17. Disciplinary Proceedings for Family Court Judges
§51-2A-18. Vacancy in the Office of Family Court Judge
§51-2A-19. Temporary Assignment of Family Court Judges
§51-2A-20. County Commissions Required to Furnish Offices for the Family Court Judges
§51-2A-21. Budget of the Family Court
§51-2A-23. Operative Dates; Terminology
§51-2A-24. Review by Intermediate Court of Appeals; Transfer of Jurisdiction From Circuit Court