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Introduced Version House Bill 4497 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4497


(By Delegates Iaquinta, Crosier, Klempa,

Skaff, Lawrence, Fragale, Marshall, Rowan,

Longstreth,Border and Talbott)


[Introduced February 15, 2010 ; referred to the

Committee on the Judiciary.]


A BILL to amend and reenact §48-27-505 of the Code of West Virginia, 1931, as amended, relating to increasing the time period of a protective order in domestic violence cases to one year.

Be it enacted by the Legislature of West Virginia:

That §48-27-505 of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:

ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.

§48-27-505. Time period a protective order is in effect; extension of order; notice of order or extension.

(a) Except as otherwise provided in subsection (d), section four hundred one of this article, a protective order, entered by the family court pursuant to this article, is effective for either ninety days or one hundred eighty days or one year, in the discretion of the court. If the court enters an order for a period of ninety days one hundred eighty days, upon receipt of a written request from the petitioner prior to the expiration of the ninety-day one hundred eighty day period, the family court shall extend its order for an additional ninety-day period.
(b) To be effective, a written request to extend an order from ninety days to one hundred eighty days to one year must be submitted to the court prior to the expiration of the original ninety-day one hundred eighty day period. A notice of the extension shall be sent by the clerk of the court to the respondent by first-class mail, addressed to the last known address of the respondent as indicated by the court file. The extension of time is effective upon mailing of the notice.
(c) Certified copies of any order entered or extension notice made under the provisions of this section shall be served upon the respondent by first class mail, addressed to the last known address of the respondent as indicated by the court file, and delivered to the petitioner and any law-enforcement agency having jurisdiction to enforce the order, including the city police, the county sheriff's office or local office of the West Virginia State Police within twenty-four hours of the entry of the order. The protective order shall be in full force and effect in every county of this state.
(d) The family court may modify the terms of a protective order upon motion of either party.
(e) The clerk of the circuit court shall cause a copy of any protective order entered by the family court pursuant to the provisions of this article or pursuant to the provisions of chapter forty-eight of this code to be forwarded to the magistrate or magistrate court clerk and the magistrate or magistrate court clerk shall forward a copy of the protective order to the appropriate state and federal agencies for registration of domestic violence offenders as required by state and federal law.



NOTE: The purpose of this bill is to extend the maximum length of protective orders in domestic violence cases from one hundred eighty days to one year.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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