H. B. 2084


(By Delegate Burk)
[Introduced February 10, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article fifteen, relating to creating the harassment restraining order act; short title; definition; jurisdiction; petition; temporary restraining order; violation a misdemeanor; and providing method of service or notice.

Be it enacted by the Legislature of West Virginia:
That chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article fifteen, to read as follows:
ARTICLE 15. HARASSMENT RESTRAINING ORDER ACT.

§55-15-1. Short title.

This article may be cited as the Harassment Restraining Order Act.
§55-15-2. Definition.

As used in this article, "harassment" means repeated, intrusive, or unwanted acts, words or gestures that are intended to adversely affect the safety, security or privacy of another, regardless of the relationship between the actor and the intended target.
§55-15-3. Restraining order; jurisdiction.

A person who is a victim of harassment may seek a restraining order from the court in the manner provided in this article. The parent or guardian of a minor who is a victim of harassment may seek a restraining order from the court on behalf of the minor.
§55-15-4. Contents of petition.

A petition for relief must allege facts sufficient to show the following:
(1) The name of the alleged harassment victim;
(2) The name of the respondent; and
(3) That the respondent has engaged in harassment.
The petition shall be accompanied by an affidavit stating the specific facts and circumstances from which relief is sought. The court shall provide simplified forms and clerical assistance to help with the writing and filing of a petition under this article.
§55-15-5. Temporary restraining order.

(a) The court may issue a temporary restraining order ordering the respondent to cease or avoid the harassment of another person or to have no contact with that person if thepetitioner files a petition in compliance with section four of this article and if the court finds reasonable grounds to believe that the respondent has engaged in harassment.
(b) Notice need not be given to the respondent before the court issues a temporary restraining order under this section. A temporary restraining order may be entered only against the respondent named in the petition.
(c) The temporary restraining order is in effect until a hearing is held on the issuance of a restraining order under section six of this article. The court shall hold the hearing on the issuance of a restraining order within seven days after the temporary restraining order is issued unless:
(1) The time period is extended upon written consent of the parties; or
(2) The time period is extended by the court for one additional seven-day period upon a showing that the respondent has not been served with a copy of the temporary restraining order despite the exercise of due diligence.
§55-15-6. Restraining order.

(a) The court may grant a restraining order ordering the respondent to cease or avoid the harassment of another person or to have no contact with that person if all of the following occur:
(1) The petitioner has filed a petition under section four of this article;
(2) The sheriff has served the respondent with a copy of thetemporary restraining order obtained under section five of this article, and with notice of the time and place of hearing, or service has been made by publication under subsection (b) of this section; and
(3) The court finds at the hearing that there are reasonable grounds to believe that the respondent has engaged in harassment. A restraining order may be issued only against the respondent named in the petition. Relief granted by the restraining order must be for a fixed period of not more than two years.
(b) The order may be served on the respondent by means of a Class I legal advertisement published notice, with the publication area being the county in which the petitioner resides, published to the provisions of section two, article three, chapter fifty-nine of this code, if:
(1) The petitioner files an affidavit with the court stating that an attempt at personal service made by a sheriff was unsuccessful because the respondent is avoiding service by concealment or otherwise; and
(2) A copy of the order is mailed to the respondent at the respondent's residence or the respondent is not known to the petitioner.
Service under this subsection is complete seven days after publication.
§55-15-7. Violation of restraining order.

(a) When a temporary restraining order or a restrainingorder is granted under this article and the respondent knows of the order, violation of the order is a misdemeanor. Any person convicted thereof shall be fined not more than five hundred dollars or imprisoned in the county jail not more than six months or both fined and imprisoned.
(b) A law-enforcement officer shall arrest without a warrant and take into custody a person whom the law-enforcement officer has probable cause to believe has violated an order issued under section five or six of this article if the existence of the order can be verified by the officer.
§55-15-8. Copy to law-enforcement agency.

An order granted under this article shall be forwarded by the court administrator within twenty-four hours to the local law-enforcement agency with jurisdiction over the residence of the applicant. Each appropriate law-enforcement agency shall make available to other law-enforcement officers through a system for verification, information as to the existence and status of any order issued under this article.
§55-15-9. Notice.

An order granted under this article must contain a conspicuous notice to the respondent:
(1) Of the specific conduct that will constitute a violation of the order;
(2) That violation of an order is a misdemeanor and any person convicted thereof shall be fined not more than five hundred dollars, or imprisoned in the county jail not more thansix months, or both fined and imprisoned; and
(3) That a law-enforcement officer must arrest without warrant and take into custody a person if the law-enforcement officer has probable cause to believe the person has violated a restraining order.



NOTE: This bill enables a person or the parent or guardian of a person who is a victim of harassment to obtain a restraining order from the court requiring the perpetrator to cease the harassing behavior and to have no further contact with the complainant. Harassment, as defined in the bill, includes repeated, intrusive or unwanted acts, words or gestures that are intended to adversely affect the safety, security or privacy of another, regardless of the relationship between the alleged perpetrator and the alleged victim.

This is a new article; therefore, strike-throughs and underscoring have been omitted.