ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 457
(By Senator Grubb)
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[Originating in the Committee on the Judiciary;
reported March 29, 1993.]
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A BILL to amend article two-a, chapter forty-eight of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
fourteen, relating to the provision of permanent injunctive
relief for unmarried persons.
Be it enacted by the Legislature of West Virginia:
That article two-a, chapter forty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
fourteen, to read as follows:
ARTICLE 2A. PREVENTION OF FAMILY VIOLENCE.
§48-2A-14. Restraining orders.
(a) A family or household member, not otherwise entitled to
a restraining order pursuant to section fifteen, article two of
this chapter, may petition a circuit court for an order to
restrain another family or household member from molesting orinterfering with the other or otherwise imposing restraints on
the personal liberty of that party.
(b) A circuit court may award such relief and further
restrain the offending party from entering the school, business
or place of employment of the other party for the purpose of
molesting or harassing the other or from contacting the other,
directly or indirectly, for the purpose of harassment or threats
or from harassing or verbally abusing the other in a public
place.
(c) Notwithstanding any other provisions of this chapter to
the contrary, a final order in a proceeding brought pursuant to
this section shall be for a specific period of time not to exceed
five years. The order may be continued by the circuit court for
a specific time period upon motion by any party prior to the
expiration of the order if such party has good cause for a
continuation.
(d) As used in this section, "family or household member"
means persons living as spouses, persons who formerly resided as
spouses, current or former sexual or intimate partners and a
person with whom the victim has a child in common.