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Introduced Version House Bill 2896 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2896


(By Delegate Barker)

[Introduced January 9, 2008 ; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact §48-27-502 of the Code of West Virginia, 1931, as amended, relating to providing the Court, within its discretion, may include mutually restrictive protective orders in domestic violence cases.

Be it enacted by the Legislature of West Virginia:

That §48-27-502 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.

§48-27-502. Mandatory provisions in protective order.

(a) A protective order must order the respondent to refrain from abusing, harassing, stalking, threatening or otherwise intimidating the petitioner or the minor children, or engaging in other conduct that would place the petitioner or the minor children in reasonable fear of bodily injury.

(b) The protective order must inform the respondent that he or
she is prohibited from possessing any firearm or ammunition, notwithstanding the fact that the respondent may have a valid license to possess a firearm, and that possession of a firearm or ammunition while subject to the court's protective order is a criminal offense under federal law.
(c) The protective order must inform the respondent that the order is in full force and effect in every county of this state.

(d) The protective order must contain on its face the following statement, printed in bold-faced type or in capital letters:

"VIOLATION OF THIS ORDER MAY BE PUNISHED BY CONFINEMENT IN A REGIONAL OR COUNTY JAIL FOR AS LONG AS ONE YEAR AND BY A FINE OF AS

MUCH AS TWO THOUSAND DOLLARS."

(e) In the event a protective order requires a respondent party to refrain from contacting the petitioner or to refrain from being within a certain proximity of the petitioner, the order may, at the discretion of the court, include the same requirement that the petitioner not contact or be within a certain proximity of the respondent: Provided, That an exception to this requirement may be made when the parties are the parents or stepparents of minor children and circumstances exist due to the existence of the children which would make it undesirable or unfeasible to impose mutually restrictive conditions.


NOTE: The purpose of this bill is to authorize the Court to enter mutually restrictive conditions in protective orders issued in domestic violence cases that require both parties to refrain from contacting or being within a certain proximity of the other. Current law does not require petitioning parties to observe the same restrictive conditions imposed on respondents.

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