(a) Charges for fees and costs postponed. -- No fees may be charged for the filing of petitions or other papers, service of petitions or orders, copies of orders or other costs for services provided by, or associated with, any proceedings under this article until the matter is brought before the court for final resolution.
(b) Assessment of court costs and fees when temporary order is denied. -- If the petition is denied, court costs and fees shall be assessed by the magistrate against the petitioner at the conclusion of the temporary hearing, unless a fee waiver affidavit reflecting inability to pay has been filed or prohibited by federal law.
(c) Costs and fees may not be assessed against a prevailing party.
(d) Assessment of court costs and fees when personal safety order is granted. -- Except as in subsection (c), court costs and fees shall be assessed by the court at the conclusion of a proceeding, unless a fee waiver affidavit reflecting inability to pay has been filed.
(e) Assessment of court costs and fees when petitioner moves to terminate order. -- No court costs or fees shall be assessed against a petitioner who moves to terminate an order, whether the court grants or denies the motion.
(f) A person seeking waiver of fees, costs or security
pursuant to section one, article two, chapter fifty-nine of this
code shall execute before the clerk where the matter is pending a fee waiver affidavit which shall be kept confidential. An
additional fee waiver affidavit shall be filed whenever the
financial condition of the person no longer conforms to the
financial condition established by the Supreme Court of Appeals for
determining inability to pay fees or whenever an order has been
entered directing the filing of a new affidavit.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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