COMMITTEE SUBSTITUTE
FOR
H. B. 4313
(By Delegates Brown, Amores, Howard and Longstreth)
(Originating in the Committee on the Judiciary)
[February 7, 2006]
A BILL to amend and reenact §48-27-510 of the Code of West
Virginia, 1931, as amended, relating to petitions of appeal of
domestic violence protective orders.
Be it enacted by the Legislature of West Virginia:
That §48-27-510 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.
§48-27-510. Appeals.
(a) A petitioner who has been denied an emergency protective
order may file a petition for appeal of the denial, within five
days of the denial, to the family court.
(b) Any party to a protective order entered upon final
hearing may file a petition for appeal, within ten days of the
entry of the order in family court, to the circuit court. Any
party who alleges that he or she will be adversely affected or aggrieved by a final protective order, or the denial or dismissal
of a petition for a protective order, may file a petition for
appeal with the circuit court within ten days of the entry of the
order by the family court. The order shall remain in effect
pending an appeal unless stayed by order of the family court sua
sponte or upon motion of a party, or by order of the circuit court
upon motion of a party. No bond shall be required for any appeal
under this section.
(c) A petition for appeal filed pursuant to this section shall
be heard by the court within ten days from the filing of the
petition.
(d) The standard of review of findings of fact made by the
family court is clearly erroneous and the standard of review of
application of the law to the facts is an abuse of discretion
standard.