H. B. 2500
(By Delegates Fleischauer, Amores, Webster,
Brown, Foster, Warner and Faircloth)
(Originating in the Committee on the Judiciary)
[February 21, 2003]
A BILL to amend and reenact section six hundred eight, article
five, and section four hundred one, article twenty-seven,
chapter forty-eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating to domestic
relations generally and clarifying the authority of the courts
to continue protective orders during certain proceedings.
Be it enacted by the Legislature of West Virginia:
That section six hundred eight, article five and section four
hundred one, article twenty-seven, chapter forty-eight of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted, all to read as follows:
ARTICLE 5. DIVORCE.
§48-5-608. Injunctive relief or protective orders.
(a) When allegations of abuse have been proved, the court
shall enjoin the offending party from molesting or interfering with
the other, or otherwise imposing any restraint on the personal
liberty of the other or interfering with the custodial or visitation rights of the other. The order may permanently enjoin
the offending party from entering the school, business or place of
employment of the other for the purpose of molesting or harassing
the other; or from contacting the other, in person or by telephone,
for the purpose of harassment or threats; or from harassing or
verbally abusing the other in a public place.
(b) Any order entered by the court to protect a party from
abuse may grant any other relief that may be appropriate for
inclusion under the provisions of article twenty-seven of this
ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
PART 4. COORDINATION WITH PENDING COURT ACTIONS.
§48-27-401. Interaction between domestic proceedings.
(a) During the pendency of a divorce action, a person may file
for and be granted relief provided by this article, until an order
is entered in the divorce action pursuant to part 5-501, et seq.
(b) If a person who has been granted relief under this article
should subsequently become a party to an action for divorce,
separate maintenance or annulment, such person shall remain
entitled to the relief provided under this article including the
right to file for and obtain any further relief, so long as no
temporary order has been entered in the action for divorce,
annulment and separate maintenance, pursuant to part 5-501, et seq.
(c) Except as provided in section 5-509 of this chapter and
section 27-402 of this article for a petition and a temporary emergency protective order, no person who is a party to a pending
action for divorce, separate maintenance or annulment in which an
order has been entered pursuant to part 5-501, et seq. of this
chapter, shall be entitled to file for or obtain relief against
another party to that action under this article until after the
entry of a final order which grants or dismisses the action for
divorce, annulment or separate maintenance.
(d) Notwithstanding the provisions set forth in section
27-505, any order, issued pursuant to this
section article where a
subsequent action is filed seeking a divorce, an annulment or
separate maintenance, the allocation of custodial responsibility or
a habeas corpus action to establish custody, the establishment of
paternity, the establishment or enforcement of child support, or
other relief under the provisions of this chapter, shall remain in
full force and effect by operation of this statute until a
temporary or final order is entered pursuant to part 5-501, et seq.
of this chapter, or a final order is entered granting or dismissing
the action for divorce, annulment or separate maintenance.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would