H. B. 4313


(By Delegates Brown, Amores, Howard and Longstreth)
[Introduced February 1, 2006; referred to the
Committee on the Judiciary.]




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 emergency 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 to a protective order proceeding may file a petition for appeal to the circuit court of an order made by the family court granting or denying a protective order or dismissing the proceeding. The petition may be filed, within ten days of the entry of the order in 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.
Note: The purpose of this bill is to clarify that the denial of a final domestic violence protective order may be appealed to circuit court the same way that the granting of an order may be appealed.


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